RULES OF PERSEKUTUAN PERSATUAN-PERSATUAN FOOCHOW,SARAWAK (FEDERATION OF FOOCHOW ASSOCIATIONS OF SARAWAK)
RULE 1 NAME
This Federation shall be called “PERSEKUTUAN PERSATUAN-PERSATUAN FOOCHOW, SARAWAK” (Federation Of Foochow Associations Of Sarawak), hereinafter termed as the Federation.
RULE 2 OBJECTIVES
The objectives of the Federation shall be:
(a) To unite societies registered in Sarawak with the Register of Societies, Malaysia and claiming affinity with the ten districts of the prefecture of Foochow.
(b) To promote good-will and enhance the welfare of the Community.
(c) To promote education generally and in particular to set up a scholarship and/or university and college study fund for needy students.
(d) To subscribe to any local or other charities, education and to contribute to any patriotic funds.
(e) To purchase, receive, inherit or buy any other means to hold land and buildings whether such be acquired by way of donations or alienation or lease to the Federation or otherwise, in the furtherance of the objectives of the Federation.
RULE 3 REGISTERED/POSTAL ADDRESS AND PLACE OF MEETING
The registered/postal address and place of meeting of the Federation shall be at Lot 837,Block 18,Jalan Salim, 96000 Sibu, Sarawak and shall not be changed without the prior approval of the Registrar of Societies.
RULE 4 MEMBERSHIP
Membership of the Federation shall be open to any society (hereinafter called the member) registered in Sarawak with the registrar of Societies, Malaysia and which claims affinity with the ten districts of the prefecture of Foochow. Applications for membership shall be submitted on the prescribed form and subject to the approval of the Committee of Management (hereinafter called the Committee).
RULE 5 ENTRANCE FEE & ANNUAL SUBSCRIPTION
(a) The entrance fee shall be RM200.00
(b) Annual subscription fee for the membership shall be fixed at RM200.00
(c) Any member who fails to pay the annual subscription on 30th June shall receive a written notification signed by or on behalf of the General Secretary and shall be denied the privileges of membership until he settles his accounts.
(d) Any member who fails to pay the annual subscription on 31st December shall automatically cease to be a member of the Federation, and the Committee may direct that legal action be taken by against him, provided that it is satisfied that he has received due notice of his debts.
(e) The Committee shall have the power to fix a re-entrance fee for any member who has allowed his membership to lapse through arrears.
RULE 6 SPECIAL CONTRIBUTIONS
The Committee may appeal for and collect special contributions from members or otherwise for any specified purpose.
RULE 7 ORGANISATION
(a) The highest authority of the Federation shall be the Delegates Conference (hereinafter called the Conference).
(b) The Conference shall be held annually.
(c) The Financial Year of the Federation shall be ending on 31st December each year.
(d) Two representatives from each Member (hereinafter called the Principal Delegates) shall be named and with full personal particulars submitted to the Federation one month before the date of the annual conference. The member shall give a written undertaking that in the event that the Principal Delegates shall,subject to Rule 11 hereafter provided, hold office for a term of two (2) full years. In the event that the Principal Delegate is unable to attend the Conference,the Principal Delegate may nominate a nominee in writing to attend at the Conference.
(e) (i) A quorum of the conference shall be deemed to have been formed if the delegates present, irrespective of their number, represent more than half the total number of members (affiliates).
(ii) In the absence of a quorum, the conference shall be postponed to a later date to be decided by the Committee.
(iii) Where no quorum is present at the subsequent date decided is accordance with paragraph (ii) above:
(a) an annual Conference shall proceed to business provided that such meeting shall not amend these rules or make decisions affecting the whole membership;
(b) an extraordinary Conference requisitioned by members shall be cancelled and no extraordinary conference shall be requisitioned for the same purpose until after a lapse of six months from the date thereof.
(f) Each member may be represented by any number of delegates (two of them shall be Principal Delegates) but any motion brought up in the Conference shall be resolved by one vote from each Principal Delegate or his nominee as the case may be.
(g) In the case of a tie in the voting, the Chairman shall have a casting vote, except in the case of election of Committee Members the tie shall be solved by drawing lots.
(h) The Committee shall consist of twenty-nine (29)elected Principal Delegates and Six (6) nominated members. The Secretary General, One (1) Committee member. (two from Youth Section and two from Women Section).
(i) In every year of the Annual Conference, Members present shall elect one (1) member (hereinafter called the Sponsor) to organise the Annual Conference for the next year,and there after to elect twenty-nine (29) Principal Delegates or such other number as may be varied by the Conference to form the Committee for the following posts for the ensuring terms:
(i) The President
(ii) The Deputy President
(iii) Six Vice Presidents
(iv) The Secretary General
(v) The Assistant Secretary General
(vi) The Secretary
(vii) The Treasurer
(viii) The Assistant Treasurer
(ix) The Officer-in-Charge of Education
(X) The Assistant Officer-in-Charge of Education
(xi) The Officer-in-Charge of welfare
(xii) The Assistant Officer-in-Charge of welfare
(xiii) The Officer-in-Charge of Scholarship, Bursary and Study Loan
(xiv) The Assistant Officer-in-Charge of Scholarship, Bursary and Study Loan
(xv) The Officer-in-Charge of Public Relations
(xvi) The Assistant Officer-in-Charge of Public Relations
(xvii) Two Officers-in-Charge of Youth Section (nominated)
(xviii) Two Officers-in-Charge of Women Section (nominated)
(xix) Four other Committee Members
The election shall be by secret ballots exercised through one vote by each Principal Delegate present (or his nominee).
(j) The term of office of the Committee shall be for a period of two(2) years expiring at the next election of the Committee (which shall at any event expire at the next election).
(k) Principal Delegate re-elected may continue in office provided that the Principal Delegate elected as the President or the Treasurer shall not continue in the same respective post beyond two terms (Four Successive Years).
(1) No person other than a Malaysian citizen shall be elected or nominated to hold office in the Committee.
RULE 8 MEETINGS
(a) The annual conference of the Federation shall be held as soon as possible after the close of each financial year but not later than the month of April each year.
(b) The business of the annual conference shall be:
(i) To confirm the minutes of the last conference,
(ii) To consider matters arising therefrom,
(iii) To receive the Committee's report on the working of the Federation during the previous year,
(iv) To receive the Treasurer's report and the audited Statement of Accounts of the Federation for The
previous year,
(v) To elect a Committee and to appoint External Auditor for the ensuring year,
(vi) To appoint Officers under Section 9(b) of the Societies Act, 1966.
(vii) To deal with such other matters as may be put before it.
(c) At the Conference of the election year the venue of the Conference for the ensuring year shall be decided provided in Rule 7 (i).
(d) The Committee may by serving thirty (30) days notice in writing as its own request or when requested by ten (10) Members to convene an Extra-Ordinary Conference. The agenda for such Extra-Ordinary Conference shall specify the subject matters, the place and time of the meeting in writing.
(e) The Committee shall meet at least once in every three months.
(f) At least one half of the Committee Members present shall form a quorum for any Committee Meeting.
(g) The President may convene special Committee Meeting. One- half of the Committee Members present shall form a quorum.
RULE 9 NOTICES OF MEETINGS
(a) Notice for Annual Delegates Conference shall be served not less than one (1) month before the meeting.
(b) Notice for Extra-Ordinary Conference shall be served not less than thirty (30) days before the meeting.
(c) Notice for Committee Meeting shall be served not less than fourteen (14) days before the meeting.
(d) Not less than seven (7) days notice shall be served on the Committee Members to hold Special Committee Meetings.
(e) For the purpose of this Rule, all notice of conference or meetings shall be signed by the Chairman and Secretary General or their deputies in their absence.
RULE 10 COMMITTEE OF MANAGEMENT
(a) The function of the Committee is to organise and supervise the day-to-day activities of the Federation and to make decisions on matters affecting its running within the general policy laid down by the conference. The Committee may not act contrary to the expressed wishes of the conference without prior reference to it and shall always remain subordinate to the conference. It shall furnish a report to each annual conference on its activities during the previous year.
(b) The Committee shall give instructions to the Secretary General and other officers for the conduct of the affairs of the Federation. It may appoint such organizers and such staff as it deems necessary. It may suspend or dismiss any organizer or member of the staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Committee or for any other reason which it deems good and sufficient in the interest of the Federation.
(c) Where any urgent matter requiring the approval of the Committee arises and it is not possible to convene a meeting, the Secretary General may obtain such approval by means of a circular letter. The following conditions must be fulfilled before a decision of the Committee is deemed to have been obtained:
(i) the issue must be clearly set out in the circular and forwarded to all members of the Committee,
(ii) at least one-half of the members of the Committee must indicate whether they are in favour or against the proposal, and
(iii) the decision must be by a majority vote.
Any decision obtained by circular letter shall be reported by the Secretary General to the next Committee Meeting and recorded in the minutes thereof.
RULE 11 POWERS & DUTIES
(a) (i) The president shall preside at all Conference and Committee meetings and shall endeavour to carry out all the resolutions passed.
(ii) The president shall attend to the daily routine affairs of the Federation and may delegate such responsibility to another member or members of the Committee.
(iii) The President or such Committee member or members nominated by the president shall represent the Federation in its external affairs.
(iv) The president shall have authority to approve the expenditure of any item not exceeding RM 1,000.00 at any one time.
(v) The President may appoint 6 persons to join the Committee (The Secretary General, one (1) Committee Member, two from Youth Section and two from Women Section).
(b) The Deputy President shall assist the President and act as President in the latter’s absence.
(c) The Six Vice Presidents shall similarly assist the President in the affairs of the federation and any one of them may be appointed to act for the President in the absence of both the President and Deputy President.
(d) The Secretary General shall conduct the business of the Federation in accordance with the Constitution of the federation and shall carry out the instruction of the Conferences and Committee Meetings. He shall conduct all correspondence and shall attend all meetings and record the proceedings. He assists the President in the conduct of the affairs of the Federation. For the purpose of the Societies Act, 1966,"Secretary General” shall be the principal office-bearer of the Federation.
(e) The Assistant Secretary General shall assist the Secretary General in all matters pertaining to the functions of the General Secretary and act for the Secretary General in the latter's absence.
(f) The Secretary shall assist the Secretary General and Assistant secretary General in their functions and act as General Secretary or Assistant General Secretary when they are absent.
(g) The Treasurer shall be in charge of all receipts and payments and issue receipts for all moneys received. He shall keep a proper account of all money received or expended. He shall bank all moneys received into the Federation's bank account and he may retain a sum not exceeding RM300.00 as petty cash disbursements.
(h) The Assistant Treasurer shall assist the Treasurer in his functions and act as Treasurer in the latter's absence.
(i) The Officer-in-Charge of Education shall be in charge of all matters pertaining to education.
(j) The Assistant Officer-in-Charge of Education shall assist the Officer-in-Charge of Education in his functions and act as Officer-in-Charge of Education in the latter's absence.
(k) The Officer-in-Charge of Welfare shall attend to all welfare matters of the Federation.
(1) The Assistant Officer-in-Charge of Welfare shall assist the Officer-in-Charge of Welfare in his functions and act as Officer-in-Charge of Welfare in the latter's absence.
(m) The Officer-in-Charge of Scholarship, Bursary and Study Loan shall attend all matters pertaining to scholarship, bursary and study loan for needy students.
(n) The Assistant Officer-in-Charge of Scholarship, Bursary and Study Loan shall assist the Officer-in-Charge of Scholarship, Bursary and Study Loan in his functions and act as Officer-in-Charge of Scholarship, Bursary and Study Loan in the latter's absence.
(o) The Officer-in-Charge of Public Relations shall attend to all public relation matters of the Federation.
(p) The Assistant Officer-in-Charge of Public Relations shall assist the Officer-in-Charge of Public Relations in his functions and act as Officer-in-Charge of Public Relations in the latter1 s absence.
(q) The two Officers-in-charge of Youth Section shall attend to all matters pertaining to Youth Section.
(r) The two Officers-in-charge of Women Section shall attend to all matters pertaining to Women Section.
(s) The remaining Committee Members shall assist the Committee in the running of the Federation.
RULE 12 HONORARY LIFE PRESIDENT
The Conference may from time to time appoint Honorary Life President.
RULE 13 APPOINTMENT OF OFFICERS UNDER SECTION 9(b) OF THE 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 Federation Act, 1966.
(2) They shall hold office until their term expires at the next Annual General Meeting and shall be eligible for re-election.
(3) The officers appointed under this rules shall deal with the immovable property of the Federation in such manner as the General Meeting may direct provided that all immovable properties shall be registered in the name of the Federation.
(4) The officers shall not sell, withdraw or transfer any of the properties of the Federation without the consent and authority of a General Meeting.
(5) An officer may be removed from office by a General Meeting on the grounds 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.
RULE 14 FINANCIAL PROVISIONS
(a) The financial year of the Federation shall commence on 1st January annually.
(b) The incomes and property of the Federation shall be applied solely towards the promotion of the objectives of the Federation and no portion thereof shall be paid or transferred directly or indirectly by way of dividend or bonus or otherwise to the person or persons who at any time are or have been members of the Federation or to any person claiming through them. But nothing herein contained shall prevent the payment in good faith of remuneration to any office-bearers or servants of the Federation or to any member thereof or other person in return for any service actually rendered to the Federation.
(c) The Treasurer may hold a petty cash advance not exceeding three hundred ringgit at any one time. All money is excess of this sum shall, within seven days of receipt, be deposited in a bank approved by the Committee. The bank account shall be in the name of the Federation.
(d) All cheques or withdrawal notices on the Federation's account shall be signed jointly by the president (or in his absence the Deputy President), the Secretary General and the Treasurer. In the absence of the Secretary General or the Treasurer, the Committee shall appoint one of its members to sign in his place.
(e) No expenditure exceeding one thousand ringgit at any one time shall be incurred without the prior sanction of the Committee, and no expenditure exceeding five thousand ringgit at any one time shall be incurred without the prior sanction of a conference.
(f) As soon as possible after the end of each financial year, a statement of income and expenditure and a balance sheet for the year shall be prepared and audited by the External Auditors appointed under Rule 15. The audited accounts shall be submitted for the approval of the next annual conference, and copies shall be made available at the registered office/address or place of meeting of the Federation for the perusal of members.
RULE 15 EXTERNAL AUDITOR
(a) The conference may appoint a firm of Auditors to act as External Auditor for the Federation upon such terms and conditions as the Conference deems fit. The External Auditor shall hold office for two years.
(b) The Auditor shall be required to audit the accounts of the Federation for the year, and to prepare a report or certificate for the annual conference. He may also be required by the President to audit the accounts of the Federation for any period within his tenure of office at any date, and to make a report to the Committee.
RULE 16 HONORARY LEGAL ADVISOR
The Committee may appoint Honorary Legal Advisor or Advisors upon such terms and conditions as the Committee deems fit.
RULE 17 APPOINTMENT OF OFFICERS UNDER SECTION 9(b) OF THE SOCIETIES ACT 1966 ADVISORS, COMMITTEE MEMBERS AND EMPLOYEES
Appointment Of Officers Under Section 9(b) Of The Societies Act, 1966,Advisors,Committee Members and employees shall cease to hold office under any one of the following circumstances:
(a) Having been adjudged a bankrupt by a court of law.
(b) Having been found guilty of a criminal offence and fined RM 2,000.00 or above or sentenced to imprisonment for a term exceeding one (1) year.
(c) Having been certified by a competent medical officer to be of unsound mind.
(d) Having been convicted of any offence under the Societies Act, 1966.
(e) If there is in force against him any order of detention, restriction, supervision, restricted residence, banishment or deportation under any law relating to the security of, or public order in the Federation or any part thereof, or to prevention of crime, preventive detention, restricted residence, banishment or immigration.
(f) Having been out of Malaysia for a period exceeding one year.
(g) Having tendered his resignation in writing and been accepted by the Committee.
(h) Having ceased to be a member of the Member (affiliate).
RULE 18 SUB-CONMITTEES
The Committee may set up such Sub-Committees to carry out the objectives and functions of the Federation and make rules and regulations thereof, including the following:
(a) Scholarship, Bursary and Study Loan Fund,
(b) Youth Section,
(c) Women Section, and
(d) Senior Citizen Section
RULE 19 SPECIAL PROVISIONS
(a) No benefits as defined under section 2 of the federation Act, 1966 shall be given by the Federation to any of its members.
(b) This Federation shall be a friendly society under the Societies (Amendment) Act, 1981 and shall not carry out political activities or involve itself directly or indirectly with any political society or political party.
(c) All members of the Committee and every officer performing executive functions in the Federation shall be Malaysian citizens.
(d) Any students of University or University College shall not be nominated as Principal delegate of any member unless he has obtained prior written permission from the Vice-Chancellor of the University concerned.
(e) Any person shall not hold office in the Federation or become an advisor or employee of the Federation if he is disqualified under Section 9A of the Federation Act, 1966.
(f) Neither the Federation nor its members shall engage or try to engage in any trade union activities as defined in trade union Act, 1959
(g) No gambling or any other illegal activities all be carried out in the premises of Federation
RULE 20 AMENDMENT OF RULES
These rules may not be altered of amended except by resolution of a conference. Such alterations or amendments shall take effect from the date of their approval by the Registrar of Societies.
RULE 21 DISSOLUTION
(a) The Federation shall not be dissolved except by a resolution passed by a two-third majority of the total membership of the Federation at the Conference.
(b) All debts and liabilities incurred by the Federation shall first be discharged and thereafter the balance of fund shall be disposed off in any manner as the Conference may decide.
(c) The Registrar of Societies shall be informed of the dissolution within fourteen (14) days of the date of dissolution.
Immediately after Rule 21 adds new Rule 22 to read as follows:
RULE 22 LOGO
The Federation shall use the following printed symbol as its emblem.
“The Land Of Hornbills” is synonymous with “Sarawak”,and so the head of hornbill implies ‘‘Sarawak”. The upper portion of the shield is the name of the Federation in Chinese Characters while the lower portion is the name of the Federation in English Version. The green ribbon is printed with "Persekutuan Persatuan -Persatuan Foochow Sarawak. ”
The Colours: Green, Orange, Blue and Black denote peace. Euthusiasm, Harmony and Unity respectivelv. |