本会章程 OUR RULES & CONSTITUTION

 名称

  • 第一条 :

本会名称为“砂拉越古晋三马拉汉及西连省华人社团总会”(简称晋汉连省华总)。

注册地址与通讯处

    • 第二条:
本会注册地址与通讯处为古晋崩岭 City Square 88,Lot 11108号 ,Sublot 3, 1楼, 邮区编号93450.

宗旨

    • 第三条 :  本会宗旨为 :
(一) 联络及团结古晋省及三马拉汉省华人社团,谋求我国各阶层人民之福利与进步。
(二) 关注、研究与促进我国之经济、文化、教育、慈善公益等事业,以及民族间之和谐。
(三) 购置及保管产业,利用盈馀基金作适当之投资。
(四) 维护及促进我国公平合理之社会。
(五) 研究及促进我国华人社团公会之改革,以配合我国社会之进展。
(六) 讨论及研究有关华人社会之任何课题。
(七) 联络及团结国内其他华人社团总会,进而与其联合组成全州及全国性之华人社团总会联合会。
(八) 为马来西亚人民,尤其是砂劳越人民而设立一教育基金。
(九) 为筹款项使本会有经济能力展开会务而达致本会之宗旨。
(十) 采取符合前文细节中所未明文规定之行动,俾使达致本会之宗旨。

会员

    • 第四条
(一) 本会会员以社团为单位,凡于古晋省及三马拉汉省注册之社团及其他合法之团体, 其华人会员人数超过其会员总人数之九十巴仙者,皆有资格申请为会员(以下简称社团会员)。唯发起组织本会之社团,不必经过通常申请手续,即为当然会员。
(二) 凡欲入会之社团,须填具入会申请书,由一社团会员介绍,并由另一社团会员赞同,然后呈交本会秘书处。秘书处须将入会申请书于最短之时间内,呈交理事会考虑。理事会得拒绝任何入会申请书,而不需说明理由。
(三) 入会申请书一经批准,申请者须于接获通知书之一个月内,缴清入会基金及首年会费,但得理事会之特别允许者例外。逾期未缴清入会基金及会费者,其入会申请,将作自动放弃论。
(四) 缴清入会基金及会费者,方能成为会员,享受会员之各项权益,同时受本会章程所约束。

入会基金与会费

    • 第五条
        每一社团入会基金为一百令吉。
    • 第六条
(一) 本会常年会费将依照会员向本会呈报其会员人数的比例征收,其方法如下:
1. 凡拥有一百名或以下会员之社团,年捐兩百令吉。
2. 凡拥有一百零一名至三百名会员之社团,年捐四百令吉。
3. 凡拥有三百零一名至五百名会员之社团,年捐六百令吉。
4. 凡拥有超過五百名会员之社团,年捐八百令吉。
** 以上会费自2018年1月1日开始生效。
(二) 会费须于每年三月卅一日之前一次缴清,逾期未交者,财政得以书面通知有关社团之负责人,副本交其社团代表,限期会员代表大会之前缴清;如再逾期未缴者,则无权享有本会会员之一切权益,同时理事会得停止其会籍。理事会任何时候有权恢复已被停止会籍之社团会员之会籍,但该已被停止会籍之社团会员必须遵照理事会之决定清还所欠之全部或部份会费。
(三) 为推动本会之各项活动,本会得向社团会员或社会人士劝募特别捐。

退会与开除

    • 第七条
        社团会员如欲退出本会,须于十四天前预先以书面通知秘书,并清还所有积欠之会费及其他款项。
    • 第八条
        任何社团会员如违反本会章程、规则或有损害本会名誉或利益者,理事会得警告或开除其会籍。开除之议决案须获得全体理事三分之二之通过,方为有效。
    • 第九条
        理事会于议决开除任何社团会员之前,须予有关社团会员一个月之预先书面通知,俾使其前来理事会提出辩护。
    • 第十条
        任何被开除之社团会员如不服理事会之议决,得于一个月内向会员代表大会提出书面上诉,会员代表大会之议决为最终之决定。
    • 第十一条
        当任何社团会员其华人会员人数低于其会员总人数之九十巴仙时,则当自动退会论。
    • 第十二条
(一) 任何退会或被开除之社团会员,不得要求退还其所缴纳之任何款项,并无权享受或干涉本会之一切资产及权益。
(二) 任何退会或被开除之社团会员,得重新申请入会。但理事会得拒绝其申请,不需说明理由。

组织

    • 第十三条
        社团会员如欲退出本会,须于十四天前预先以书面通知秘书,并清还所有积欠之会费及其他款项。
(一) 会员代表大会:由各社团会员依照下列选派之代表组织之。
(a) 凡拥有一百名或以下会员之社团,得派两名代表。
(b) 凡拥有一百零一名至三百名会员之社团,得派四名代表。
(c) 凡拥有三百零一名至五百名会员之社团,得派五名代表。
(d) 凡拥有五百零一名及以上会员之社团,得派六名代表。
(二) 理事会:由当然理事,当选理事及委任理事组成之。但当选理事人数须比当然理事人数多五名。
(a) 当然理事:
(甲) 凡拥有五百名及以上会员之社团会员,得自其代表中选派一名代表为当然理事。
(乙) 古晋中华工商总会除享有(甲)项之权利外,得自其代表中另派一名代表为当然理事。
(丙) 西连县、实文然县、三马拉汉县、石隆门县、伦乐县及古晋县(不包括古晋市区)六县之社团会员, 得由各该县代表中,各选
派二名代表为当然理事。
(丁) 所有当然理事,须于当选理事选举前产生。
(b) 当选理事:由代表大会按其票数最高者选出。
(c) 委任理事:于必要时,理事会得委任不超过十名理事。
(d) 理事会之成员如下:
会长
署理会长
副会长
监察主席
总协调
一名
一名
十名
三名
正一名 副一名
秘书
副秘书
一名
两名
财政
副财政
一名
两名
会务组主任 正一名 副两名
经济组主任 正一名 副两名
文教组主任 正一名 副两名
社团与社会组主任 正一名 副两名
福利组主任
资讯组主任
公关组主任
正一名 副两名
正一名副两名
正一名副两名
青年团团长 正一名副两名
妇女组主任 正一名副两名
其他成员为理事。
(e) 当选理事产生后,须尽速选出有关理事之职位。
(三) 常务理事会:由会长,署理会长,副会长,监察正副主席,正副秘书,正副财政、各组正副主任、青年团正副团长、妇女组正副主任组成之。
(四) 理事会小组:下列九个理事会小组得成立,即(一)会务组;(二)经济组;(三)文教组; (四)社团与社会组;(五)福利组;(六)资讯组;(七)公关组;(八)青年团;(九)妇女组。
各小组主任得视其需要委任理事或会员代表或其他人士为小组成员。唯会务组成员须包括会长,正秘书及正财政在内。

会员代表大会

    • 第十四条
会员代表大会为本会最高权力机构,其职权如下:
(一) 选举理事,每三年一次。
(二) 接纳理事会之报告或提案。
(三) 接纳本会之财政报告。
(四) 修订章程及其规则。
(五) 听取理事会或会员之申诉。
(六) 如获得出席会员代表大会人数四分之三票数之通过,得推翻理事会之议决。
(七) 如获得出席会员代表大会人数四分之三票数之通过,得撤除任何理事之职位或解散理事会并选出新理事或理事会接替,直至任期届满。
(八) 利用本会基金作适当之投资。
(九) 抵押及出售本会之不动产
(十) 采取一切适当之行动以达致本会之宗旨,促进本会与会员之利益与福利。
    • 第十五条
(一) 会员代表常年大会须于每年六月卅日之前举行,会议时间与地点由理事会决定。
其通常议程如下:
(a) 接纳理事会常年会务报告书及财务报告书。
(b)
(c)
选举理事(每三年一次)。
1.委任合格会计师为查账员(每三年一次)。
2.委任产业信托人(每三年一次)。
(d) 商讨提案。
(二) 会员代表大会通知书,须于大会前至少四十五天寄发给各社团会员及其代表,注明会议日期,时间、地点, 并征求提案及提呈社团会员代表及当然理事名单。该通知书除刊登于至少两家本地之华文报章外,且须公布于会所。
(三) 社团会员代表及当然理事之姓名及提案,须于会议前至少廿五天送达本会秘书处。
(四) 秘书须于开会前至少十四天将议程、会务报告、财政报告及提案等寄发全体社团会员及其代表。会议文件之副本须置于会所以供查阅。
(五) 出席社团会员代表大会之代表只能代表一个社团且须持有其社团之委任书,以资佐证。
(六) 出席会员代表大会之法定人数为二分之一社团会员单位。
(七) 会员代表大会如于预定之会议时间卅分钟后,仍不足法定人数,则自动展期十四天于同时间与地点举行。 展期后之会员代表大会,不受法定人数之限制。但不足法定人数之会议,无权修改章程,或通过任何不利于本会之议案。

会员代表特别大会

    • 第十六条
(一) 会员代表特别大会可于下列情况召开:
(a) 理事会认为需要时;或
(b) 至少四分之一单位之社团会员联名书面要求,并说明召开该会议之目的及理由。
(二) 由至少四分之一单位之社团会员联名要求召开之会员代表特别大会,须于理事会接获联名书之后三十天内举行。
(三) 会员代表特别大会之会议通知书,须注明讨论之事项或提案,并须于会议前至少十四天寄发所有社团会员及其代表。 会员代表特别大会通知书除刊登于至少两家本地之华文报章外,且须公布于会所。
(四) 由理事会议决召开之会员代表特别大会,其法定人数为二分之一社团会员单位。如于预定之会议时间卅分钟后, 仍不足法定人数,则自动展期十四天,于同时间与地点举行。展期后之会员代表特别大会,不受法定人数之限制。但不足法定人数之会员代表特别大会,无权修改章程,或通过任何不利于本会之议案。
(五) 由社团会员联名要求召开之会员代表特别大会,其法定人数为二分之一社团会员单位。 同时要求召开会员特别大会之社团会员,至少须有四分之一出席,方为有效。
(六) 由社团会员联名要求召开之会员代表特别大会,如于预定会议时间卅分钟后,仍不足法定人数, 则该大会将被宣布取消而不得展期。同时任何社团会员皆不得于该会议取消后六个月内以同一目的再次要求召开会员代表特别大会。
    • 第十七条

秘书处须于会员代表常年大会或会员代表特别大会后之一个月内将会议之记录寄发各社团会员及其代表。

理事会

    • 第十八条
(一) 理事会为本会之主要行政机构,其职权如下:
(a) 执行会员代表大会之议决案。
(b) 监督本会之日常会务。
(c) 召开会员代表常年大会与特别大会。
(d) 拟定会务细则与方针,提交会员代表大会批准。
(e) 解释本会章程条文之定议。
(f) 在不违反本会章程之原则下得随时为本会行政上之需要或方便而修改本会之任何细则和条例。
(g) 为达到本会之宗旨而向外借款。
(h) 批准或拒绝入会申请书
(i) 开除会员。
(j) 听取会员之申诉。
(k) 委任法律顾问。
(l) 邀请古晋省及三马拉汉省华人社会贤达为本会名誉顾问。
(m) 核准或否决任何理事会小组所作之决定或行动。
(n) 委任或撤除任何本会派往法定机构,官方或半官方机构或委员会之代表。
(o) 委任临时小组委员会以处理任何事项。
(p) 聘请或辞退受薪职员。
(二) 理事会之当然代表,每三年由其所属之社团代表中选派。
(三) 当然与当选理事,任期三年。但其职权直至新届理事宣誓就职为止。
(四) 理事会每六个月至少召开一次会议,会议通知书须于会议前至少十天寄发各理事。 正会长决定或至少四分之一理事联名要求下, 理事会可随时召开,会议之法定人数为二分之一之理事,如于会议预定时间卅分钟后, 仍不足法定人数,则自动展期七天,于同时间与同地点举行。 展期后之会议,不受法定人数之限制。
(五) 除非理事会之议决被会员代表大会所否决,否则理事会之议决将被视为会员代表大会之议决。

常务理事会

    • 第十九条

(一)常务理事会于理事会休会期间,执行理事会之一切职权,于不违反本会宗旨,会务方针及不遭理事会否决之情况下,其议决将被视为理事会之议决。
(二)常务理事会每年须至少召开会议四次。会长或至少五名理事联名要求下,常务理事会可随时召开。会议通知书于开会前至少四天须寄发全体常务理事,会议之法定人数为十二人。如于会议预定时间卅分钟后,仍不足法定人数,则自动展期三天,于同时间与同地点举行。展期后之会议不受法定人数之限制。
(三)常务理事会成员之职权如下:
(a)会长为会员代表大会、理事会、常务理事会及一切其他会议之当然会议主席,拥取舍权;代表本会出席官方社交仪式以及会议;接见外来代表团;签署会员代表大会、理事会与常务理事会之会议通知书、会议记录与重要文件;并得连同正财政签署本会之支票。
(b)署理会长协助会长处理本会之会务,会长缺席时代其执行职务。副会长协助会长处理会务,如果会长及署理会长同时缺席砂,得由理事指定之副会长,代为执行会长职务。
(c)监察主席监督及管理会务。评估及弹劾失职或违反章程的理事或会员,进行适当的处理,提交理事会作最后的定夺。副监察主席协助监察主席执行职务,监察主席缺席时代其执行职务。

(d)秘书于会长或理事会指示之下,处理会务,保管一切文件,并负责一切会议记录。副秘书协助秘书执行其职务。秘书缺席时,得署理其职务。

(e)财政负责掌理本会之财政事务和账目,每年须拟定一份收支预算案。并得连同会长签署本会之支票。副财政协助财政执行其职务。财政缺席时,得署理其职务及代其签署本会支票。

(f) 各组主任各别负责小组之事务,须依照理事会或常务理事会之指示行事,且按期向理事会及常务理事会报告。

(g)各组副主任协助主任执行其职务,主任缺席时,得署理其职务。

  • 第二十条

  理事会属下各小组,协助理事会执行任务,其主要任务分别如下:
(一)会务组

    (a)监督与改善本会之会务行政。
    (b)协助拟定本会之收支预算与筹募基金。
    (c)管理与保养会所。
    (d)管理本会图书馆。
    (e)草拟会务方针及其细则。
    (f)筹备常年会员代表大会与会员代表特别大会。

(二)经济组

    (a)关注我国经济之发展。
    (b)协助与促进本会一切财经事务。

(三)文教组

    (a)研究与发扬我国华人文化与教育。
    (b)促进马来西亚文化的形成与发展。
    (c)倡导有益文化的滋长。

(四)社团与社会组

    (a)联络各华人社团,以促进友谊。
    (b)推动与协助华人社团的改组工作。
    (c)关注社会之发展。
    (d)鼓励华人社团参加本会。
    (e)促进各民族间的亲善和谐。

(五)福利组
(a)促进社会福利与慈善活动。
(六)资讯组
(a)推动及加强本会及会员社团之资讯工作。
(b)通过设立华总网站,加速本会及会员社团行政工作电脑化。
(c)为华总网站提供咨询工作。
(d)监督及定时更新网页内容。

(七)公关组

(a)处理本会与公众人士,政府部门及其他团体之间的联系与合作工作,以推动会务。

(b)介绍本会活动,并负责接待外宾等事务。

(八)青年团

    (a)促进本会社团会员属下青年团之间的友谊与合作。
    (b)协助推动本会之会务。
    (c)协助推动本会社团会员属下青年团之活动。
    (d)训练及提高青年领袖之能力及修养。

(九)妇女组

    (a)促进本会社团会员属下妇女组之间的友谊与合作。
    (b)协助推动本会之会务。
    (c)协助推动本会社团会员属下妇女组之活动。
    (d)鼓励妇女参与社会工作及提高妇女领袖之能力与修养。

会员代表与理事会之任期限制,辞职及更换

  • 第廿一条
(一) 会员代表之任期为三年、社团会员得随时以书面通知本会秘书更换其代表或当然理事。
(二) 所有理事之任期均为三年,连选得连任。
(三) 理事与小组委员可随时以书面。
(四) 任何一位理事或常务理事,如未以书面请假而连续缺席常务会议三次,将自动失去其理事或常务理事之资格。
(五) 当然理事的遗缺,得由其代表社团另派代表填补之。
(六) 当选理事的遗缺,得由理事会自会员代表中遴选填补之。
(七) 理事会成员一旦失去其所隶属社团的代表资格,则自动失去其理事资格。

财政事务

  • 第 廿二条
(一) 本会的会计年度为每年1月1日起至12月31日止。
(二) 本会的款项与基金只限于有关本会宗旨与会务的用途。
(三) 正财政得于任何时间保有零用现款不超过一千令吉。一切超过一千令吉之款项,须于接收后三天内存入本会名义下所开之银行户口。
(四) 任何一项五百令吉以上至五千令吉之开支须事先获得正会长之批准;
任何一项五千令吉以上至五万令吉之开支须事先获得常务理事会的批准;

任何一项五万令吉以上至五十万令吉之开支须事先获得理事会之批准;

任何一项超过五十万令吉之开支须事先获得会员代表大会之批准。
(五) 本会之一切款项须存放于理事会所指定之银行。
(六) 于本会账户下所有支票或支款通知,须由正会长(正会长缺席时由副会长代之)及正财政(正财政缺席时由副财政代之)签署方为有效。

教育基金

    • 第廿三条

本会得为促进马来西亚人民,尤其是砂劳越人民之教育而设立一教育基金。该基金得依照其细则管理之。

投资与产业信托人

    • 第廿四条
(一) 本会之全部不动产得注册在本会名义之下。
(二) 三名年龄超过廿一岁,且须为本会理事之信托人,得由会员代表大会委任,连选得连任。
(三) 信托人需遵守我国之信托法令。
(四) 信托人须依照会员代表大会之指示掌管本会之不动产。
(五) 信托人因健康不良,神经不健全,离开本邦或其他理由不能有效执行其任务时, 得由会员代表大会撤销其职务;於会员代表大会举行前,信托人若有谢世、辞职或被撤职者, 其空缺应该由因之而召开之会员代表特别大会另定人选填补之。
(六) 受委之信托人必须是本会之理事,以符合一九六六年社团法令之规定。

修改章程

    • 第廿五条
(一) 本会章程之修改,须由会员代表大会出席人数三分之二之票数通过,方为有效。
(二) 章程之修改须获得社团注册官之批准,方为有效。

限令

  • 第廿六条
(一) 本会的会员代表与理事,须为马来西亚公民。
(二) 凡本会的受薪职员,不得兼任会员代表或理事。
(三)
(四)
本会不得与外国注册的任何社团有所联系。
本会不得涉及政治,其基金也不得供经济用途

解散

    • 第廿七条
(一) 本会之解散,必须得到不少过五分之三会员代表出席之会员代表大会,以四分之三票数通过,方为有效。
(二) 本会解散时,除偿还其所负欠之一切合法债务后,倘有馀款或资产,应依会员代表大会之决定处理之.

NAME

Rule No.1:

The name of the Association shall be “Persatuan-Persatuan Cina Bersekutu Kuching, Samarahan dan Serian, Sarawak” (The Federation of Chinese Associations of Kuching, Samarahan and Serian Division , Sarawak) , hereinafter called “The Federation”.

REGISTERED AND POSTAL ADDRESS

Rule No.2 :

The registered address and postal address of the Association shall be at 1st Floor, Lot 11108, SL3, City Square 88, Jalan Pending, 93450 Kuching, Sarawak, Malaysia.

OBJECTIVES

  • Rule No.3:  The objectives of the Association shall be:
  1. To unite the Chinese Associations or Organizations in Kuching, Samarahan, and Serian divisions and strive for the welfare and advancements of our citizens from all walk of life.
  2. To study and promote the economy, culture, education, charity, social welfare and racial harmony in this country.
  3. To acquire and manage property and to utilize surplus funds for suitable investments.
  4. To safeguard and promote a just and equal society in this country.
  5. To study and promote the transformation of Chinese association and organizations in line with the development of the society.
  6. To study all matters concerning Chinese societies in this country.
  7. To unite other Chinese associations in the country and to form with these federations a state and / or national confederation of Chinese Associations.
  8. To setup an education fund for the people of Sarawak in particular and Malaysia in general.
  9. To do all such other things, conductive and incidental to the attainment of any of the objects of the Association.

MEMBERSHIP

  • Rule No.4:
  1. The membership of the association shall be affiliated members. All associations and other organizations registered at Kuching, Samarahan and Serian divisions whose Chinese members are more than 90% of their total members shall be eligible for membership (hereinafter call “the affiliated members”). Provided that the promoters of this Association shall automatically be the affiliated members without having to comply with the application procedures provided herein.
  2. Every application for membership shall be proposed by ONE (1) affiliated member and seconded by another and shall be forwarded to the Secretary who shall at the first convenient opportunity, submit it to the Management Committee for approval. The Committee may at its discretion reject any application without assigning any reason therefore.
  3. Upon approval of the application, all applicants must fully settle the entrance fees and the first subscription of annual fees unless for those who are exempted by the committees. Applications are considered voluntarily withdrawn if such entrance fee and annual subscription is not paid within the prescribed period.
  4. The successful applicant shall upon payment of the entrance fee and the first annual fee become a registered member of the association and be entitled to all the benefits and privileges of membership and be bound by these Rules and Constitution.

RESIGNATION AND EXPULSION

  • Rule No.5:
  1. Any affiliated member who wishes to withdraw its membership shall submit a 14 days written notice to the Secretary and shall pay up all dues.
  2. The Management Committee shall have power to reprimand or expel any affiliated member who shall offend against the Rules and Constitution of the Association or whose conduct shall in the opinion of the Management Committee expulsion shall be approved by at least two third majority of the Management Committee members.
  3. Before any such affiliated member is expelled, such affiliated member shall be given ONE (1) month written notice to attend the meeting and to complaints / allegations made against such affiliated members.
  4. Any expelled affiliated member may within One (1) month from the date of expulsion appeal by written notice to the general meeting. The decision of the general meeting shall be final.
  5. Any affiliated member whose Chinese member has decreased to less than 90% of whose total membership shall automatically ceased to be an affiliated member.
  6. (a) Any affiliated member shall upon ceasing either by way of resignation or expulsion to be an affiliated member of the Association, forfeit all rights and claims upon the Association and its property and funds.

(b) Any resigned or expelled affiliated member may apply for readmission. However,                                 the Management Committee may reject any such application without assigning any reason                     thereof. 

FEES AND SUBSCRIPTIONS

  • Rule No.6:
  1. The entrance fee shall be RM100.00
  2. The annual fee shall be based on the number of members of affiliated member submitted to the Association at the following rates:
    (a) Each affiliated member having 100 or less members shall subscribe RM200 annually;
    (b) Each affiliated member having 101 to 300 members shall subscribe RM400 annually;
    (c) Each affiliated member having 301 to 500 members shall subscribe RM600 annually; and
    (d) Each affiliated member having over 500 members shall subscribe RM800 annually.
  3. The above annual fee will take effect from 1st January 2018.
  4. All annual fee shall be paid on the first day of March in each year. If any affiliated member who fails to pay its annual fee aforesaid, written notice shall be sent by the Treasurer to the relative affiliated member and copies to its delegates calling for their attention  there to settle the annual fee before the Annual General Meeting. If the fee is not paid before the annual general meeting, it shall have no right to enjoy the privileges of membership. The Management Committee mat at any time suspend its membership provide that Management Committee may restore its membership upon payment of all or part of arrears of subscription then due.
  5. The Association may for the purpose of promoting its objects call for special subscription or donations from affiliated members or the public.

GENERAL MEETING

  • Rule No.7:
  1. The supreme authority of the Association shall be vested in the General Meeting which functions and powers are as follows:

    (a) To elect the Management Committee triennially.

    (b) To receive the reports and proposals of the Management Committee

    (c) To receive the Treasure’s report and audited accounts of the Association.

    (d) To amend the Rules and Constitution of the Association.

    (e) To hear complaints from the committees or members.

    (f) To revoke with the consent of at least three quarters majority of the delegates present at the General Meeting any resolutions of the Management Committee.

    (g) To dissolve with the consent of at least three quarters majority of the delegates present at the General Meeting, the Management Committee member or to remove ant Management Committee member from office and to elect new Management Committee member to succeed them for the unexpired term.

    (h) To utilize the funds of the Association for suitable investment.

    (i) To mortgage or sell the property of the Association.

    (j) To carry out any activities conductive to the attainment of the objects of the Association and for the benefits of the members and Association.

  2. The Annual General Meeting shall be held before the 30th day of June in each year upon such date at such time and such place as may be fixed by the Management Committee for the following purposes:
    (a) To receive the Management Committee’s report; the Treasurer’s report and the audited accounts for the preceding financial year.
    (b) To elect the Management Committee triennially.
    (c) To appoint a qualified auditor and three (3) trustees triennially.
    (d) To decide on any matter or motion which maybe duly submitted to the meeting.
  3. Notice of the annual general meeting shall be sent to all affiliated members and their delegates at least FORTY FIVE (45) days before the meeting stating the date, time and place of the meeting and calling for motions and the lists of the names of delegates and designated members. The notice shall be advertised in a least TWO (2) local Chinese newspaper and posted at the premises of the Association.
  4. The names of the delegates and the designated members and the motions (if any) shall be submitted to the Secretary at least TWENTY FIVE (25) days before the meeting.
  5. At least FOURTEEN (14) days before the annual general meeting, a notice of such meeting and of the business to be transacted thereat, the report of the Management Committee, the audited balance sheet and statement of accounts shall be sent to every affiliated members and its delegates. Copies there of shall be placed at the premises of the Association for the perusal of the delegates.
  6. All delegates attending the annual general meeting shall represent only ONE (1) association, and shall bring along letters of appointment from their respective associations for verification purposes.
  7. A quorum shall be considered as having been formed if the delegates present represent at least one half of the total affiliated members of the Association.
  8. If within thirty minutes from the time appointed for the annual geberal meeting a quorum is not present, the meeting shall stand adjourned for FOURTEEN (14) days at the same time and place. If the quorum is not present within thirty minutes from the time appointed for the adjourned meeting, the delegates present shall be a qurom but shall have no power to amend the Rules and Constitution of the Association or to make decisions affecting the whole membership.
  9. An Extraordinary General Meeting (EGM) shall be convened under the following circumstances:(a) Whenever the Management Committee deems it desirable; or(b) At the joint request in writing by at least one quarter of the affiliated members stating the objects and reasons for such meeting.
  10. An EGM jointly requisitioned by not less than one quarter of the affiliated members shall be convened within THIRTY (30) days on the receipt of such requisition.
  11. Notice and agenda of an EGM stating the matters or motions to be discussed at the meeting shall be sent to all affiliated members and their delegates at least FOURTEEN (14) days before the meeting. Notice of the meeting shall be published in at least TWO (2) local Chinese newspaper and posted at the premises of the Association.
  12. The quorum of an EGM requisitioned by the Management Committee shall be one half of the affiliated members. If within thirty minutes from the time appointed for the meeting, a quorum is not present, the meeting shall stand adjourned for FOURTEEN (14) days at the same time and place. If a quorum is not present within thirty minutes from the time appointed for the adjourned meeting, the delegates present shall be a quorum but shall have no power to amend the Rules and Constitution of the Association or to make decisions affecting the whole membership.
  13. The quorum at an EGM requisitioned by members shall be one half of the affiliated members and at least one quarter of the affiliated members requisitioning the meeting shall be present at the meeting.
  14. If no quorum shall be formed within thirty minutes from the time appointed for an EGM requisitioned by affiliated members the meetings shall be cancelled, and no EGM shall be requisitioned for the same purpose until after the lapse of at least SIX (6) months from the date thereof.
  15. Minutes of the annual and extraordinary general meetings shall be sent to all affiliated members and their delegates within ONE (1) month from the dates of such meetings.

COMMITTEE

  • Rule No.8:
  1. MANAGEMENT COMMITTEE(a) The MANAGEMENT COMMITTEE shall consist of the following office bearers:
    • President 1
    • Deputy President 1
    • Vice President 10
    • Supervisory Chairman 3
    • Coordinating Officer 1
    • Assistant Coordinating Officer 1
    • Secretary 1
    • Assistant Secretary 2
    • Treasurer 1
    • Assistant Treasurer 2
    • General Affairs Officer 1
    • Assistant General Affairs Officer 2
    • Economic Officer 1
    • Assistant Economic Officer 2
    • Culture & Education Officer 1
    • Assistant Culture & Education Officer 2
    • Association & Society Officer 1
    • Assistant Association & Society Officer 2
    • Welfare Officer 1
    • Assistant Welfare Officer 2
    • Information Officer 1
    • Assistant Information Officer 2
    • Public Relationship Officer 1
    • Assistant Public Relationship Officer 2
    • Youth Section Officer 1
    • Assistant Youth Section Officer 2
    • Women Section Officer 1
    • Assistant Women Section Officer 2

    and the rest shall be committee members.

    The election of various office -bearers to their respective positions shall be completed as soon as possible after the election of elected members.

    A Vice President each should be reserved for representatives from Samarahan and Serian divisions respectively.

    (1)(b)(1) The administration of the Association shall be deputed to the Management Committee which functions and power are as follow:

    • (a) To carry out resolution of the general meetings.
    • (b) To arrange and supervise the affairs and day-to-day activities of the Association.
    • (c) To convene annual and extraordinary general meetings.
    • (d) To formulate policies and prepare programs of activities for the approval of the general meeting.
    • (e) To interpret the Rules and Constitution of the Association.
    • (f) To make, repel and amend from time to time all such regulations or by-laws (not inconsistent with the rules and constitution) as they shall think expedient for the management and well-being of the Association.
    • (g) To borrow money for the purposes of the Association.
    • (h) To approve or reject all applications for membership.
    • (i) To expel any affiliated member.
    • (j) To deal with member’s complaints.
    • (k) To appoint legal advisers.
    • (l) To invite eminent personalities from the Chinese community in Kuching and Samarahan divisions to be honorary advisers of the Association.
    • (m) To approve or revoke any decisions or acts of the sub-committees.
    • (n) To appoint or revoke the appointments of the purpose of carrying out any particular assignments.
    • (o) To appoint temporary sub-committees for the purpose of carrying out any particular assignments.
    • (p) To engage or dismiss the staff of the Association.

    (1)(b)(2) Designated members shall be nominated by the respective affiliated members triennially.

    (1)(b)(3) The term of all designated and elected members of the Management Committee shall be THREE (3) years. They shall however hold office until the ensuing Management Committee has been formed.

    (1)(b)(4) The Management Committee shall meet at least once every SIX (6) months and notice of the meeting shall be sent to all Management Committee members at least TEN (10) days before the meeting. The President alone or not less than one quarter of the Management Committee members acting together may call a meeting to held at any time. One half of the Management Committee members shall form a quorum. If no quorum is present within thirty minutes from the appointed time of meeting, the meeting shall stand adjourned for SEVEN (7) days at the same time and place and if within thirty minutes from the time appointed for the adjourned meeting, a quorum is not present, the members present shall be a quorum.

    (1)(b)(5) The decisions of the Management Committee shall be deemed as the decisions of the general meeting unless and until countermanded by a resolution of a general meeting.

  2. EXECUTIVE COMMITTEE
    1. (a) There shall be established an Executive Committee consisting of the principal and assistant officers of the Management Committee as follows:
    • President 1
    • Deputy President 1
    • Vice President 10
    • Supervisory Chairman 3
    • Coordinating Officer 1
    • Assistant Coordinating Officer 1
    • Secretary 1
    • Assistant Secretary 2
    • Treasurer 1
    • Assistant Treasurer 2
    • General Affairs Officer 1
    • Assistant General Affairs Officer 2
    • Economic Officer 1
    • Assistant Economic Officer 2
    • Culture & Education Officer 1
    • Assistant Culture & Education Officer 2
    • Association & Society Officer 1
    • Assistant Association & Society Officer 2
    • Welfare Officer 1
    • Assistant Welfare Officer 2
    • Information Officer 1
    • Assistant Information Officer 2
    • Public Relationship Officer 1
    • Assistant Public Relationship Officer 2
    • Youth Section Officer 1
    • Assistant Youth Section Officer 2
    • Women Section Officer 1
    • Assistant Women Section Officer 2

    (2)(b) The Executive Committee shall assume the functions of the Management Committee during the recess of the Management Committee meetings. Except where they are countermanded by the Management Committee, the decisions of the Executive Committee shall be deemed as the decisions of the Management Committee.

    (2)(c) The Executive Committee shall meet at least FOUR (4) times a year. The President alone or not less than FIVE (5) Executive Committee members acting together, may call for an Executive Committee meeting at any time. Notice of the meeting shall be sent to all Executive Committee members at least FOUR (4) days before the meeting. TWELVE (12) members shall form a quorum and if no quorum is present within thirty minutes from the scheduled time of the meeting, the meeting shall stand adjourned for THREE (3) days at the same time and place; and if a quorum is not present, the members present shall form a quorum for the adjourned meeting.

  3. SUB-COMMITTEES
    1. (a) There shall be established the following sub-committees:
    • (i) General Affairs Sub-Committee
    • (ii) Economic Sub-Committee
    • (iii) Culture & Education Sub-Committee
    • (iv) Associations & Society Sub-Committee
    • (v) Welfare Sub-Committee
    • (vi) Information Sub-Committee
    • (vii) Public Relationship Sub-Committee
    • (viii) Youth Sub-Committee
    • (ix) Women Sub-Committee

    The Chairman of the various sub-committees shall at their discretion co-opt any of the Executive Committee members, the delegates and other persons as members of the various sub-committee concerned PROVIDED that the chairman, the secretary and the treasurer shall sit in the General Affairs Sub-Committee.

    (3)(b) The functions and duties of sub-committees are as follows:

    (1)The General Affairs Sub-Committee consisting of at least the General Affairs Officers, the President, the Secretary and the Treasurer

    • (a) To supervise and improve the administration of the Association;
    • (b) To assist in preparing the annual budgets and in raising funds;
    • (c) To manage and maintain the premises of the Association;
    • (d) To manage and maintain the Association’s library;
    • (e) To prepare and formulate the programs, policies and plans for the Association; and
    • (f) To organize annual and extraordinary general meetings.

    (2) The Economic Sub-Committee

    • (a) To study the development of national economy; and
    • (b) To assist and improve the financial  affairs of the Association.

    (3) The Culture and Education Sub-Committee

    • (a) To study and promote Chinese culture and education in this country;
    • (b) To assist in the creation and development of Malaysian culture and
    • (c) To promote healthy culture.

    (4) The Association and Society Sub-Committee

    • (a) To foster friendly intercourse among-st Chinese association or organizations;
    • (b) To promote and assist in re-organisation of Chinese association or organizations;
    • (c) To study the development of the society;
    • (d) To encourage Chinese association or organizations to become members of the Association; and
    • (e) To promote racial harmony.

    (5) The Welfare Sub-Committee

    • To promote social welfare and charitable activities.

    (6) The Information Sub-Committee

    • (a) To promote and improve the Association and affiliated member’s information;
    • (b) To improve computer administration of the Association and affiliated members through setting up the Association website;
    • (c) To provide inquiry and information through the Association website so as to enhance the communication among-st affiliated members; and
    • (d) To supervise and update the website.

    (7) The Public Relationship Sub-Committee

    • Responsible for making contacts and close rapport with the public, government departments and other social organisation on behalf of the Association.

    (8) The Youth Sub-Committee

    • (a) To promote the co-operation and friendship among-st the youth organizations of the affiliated members of the Association;
    • (b) To implement and promote the activities of the Association;
    • (c) To implement and promote the activities of the youth organizations of the affiliated members; and
    • (d) to train and improve the ability and quality of youth leaders.

    (9) The Women Sub-Committee

    • (a) To promote the co-operation and friendship among-st the women;
    • (b) To implement and promote the activities of the Association;
    • (c) To implement and promote the activities of the women organizations of the affiliated members; and
    • (d) To encourage women to participate in social works and improve the ability and quality of women leaders.

     

  4. TENURE OF OFFICE, RESTRICTIONS, RESIGNATION & CHANGE OF DELEGATES AND COMMITTEE MEMBERS
  • (a) The tenure of office of delegates shall be THREE (3) years. Any affiliated members may at ant time change its delegates of designated members by notifying the Secretary in writing.
  • (b) The tenure of office of Management Committee members shall be THREE (3) years and shall be eligible for re-election.
  • (c) Any member of the Management Committee and Sub-Committee may by written notice resign from his office at any time.
  • (d) Any Management or Executive Committee member who fails three times consecutively to attend the meetings of the Management or Executive Committee without asking for leave of absence in writing shall automatically cease to be a member of the Management Committee or Executive Committee as the case maybe.
  • (e) Vacancies of designated members shall be filled by the respective affiliated members.
  • (f) The Management Committee members shall have power to appoint a delegate to fill any casual vacancy of elected Management Committee member on the Management Committee.
  • (g) The Management Committee member shall automatically cease to be so once he ceases to be a delegate of the affiliated member concerned.

MANAGEMENT DUTIES & POWERS

  • Rule No.9:

The duties and powers of the office bearers shall be as follows:

  1. The President shall preside at all General Meetings, Management Committee meetings and Executive Committee meetings and shall have a second or casting vote. His duties include representing the Association in official functions and meetings, receiving delegates from other organizations, signing notices and minutes of General Meetings, Management Committee meetings and Executive Committee meetings and important documents that require the signature of the Association. He shall jointly with the Treasurer sign all cheques on behalf  of the Association.
  2. The Deputy President and the vice Presidents shall assist the President in carrying out his duties and the Deputy President shall deputies for the President during his absence. One or more Vice Presidents(s) shall be appointed by the Management Committee to act for the President and Deputy President during their absence.
  3. The Supervisory Chairman shall supervise the works of the Management Committee members, ensure smooth running of the Association and receive and investigate complaints made against the Association on any of the office bearers.
  4. The Vice Supervisory Chairman shall assist the Supervisory Chairman on conducting supervision of the Association and be appointed to act for the respective principal officers in their absence.
  5. The Secretary shall conduct the correspondence of the Association and shall have the custody of all documents belonging to the Association. He shall attend all meetings and keep minutes of all proceedings.
  6. The Assistant Secretary shall assist the Secretary in carrying out his duties and one of them shall be appointed to act for him in his absence.
  7.  The Treasurer shall be responsible for the financial affairs of the Association. He shall keep accounts of all financial transactions of the Association and prepare the annual budgets. He shall jointly with the President sign all cheques on behalf of the Association.
  8. The Assistant Treasurer shall assist the Treasurer in carrying out his duties and one of them shall be appointed to act for him in his absence.
  9. The General Affairs Officer, Economic Officer, Culture & Education Officer, Association & Society Officer, Welfare Officer, Information Officer, Public Relationship & Coordinating Officer, Youth Section Officer and Women Section Officer shall each take charge of one of the following Sub-Committees:
  • (a) General Affairs Sub-Committee
  • (b) Economic Sub-Committee
  • (c) Culture & Education Sub-Committee
  • (d) Association & Society Sub-Committee
  • (e) Welfare Sub-Committee
  • (f) Information Sub-Committee
  • (g) Public Relationship & Coordinating Sub-Committee
  • (h) Youth Section Sub-Committee
  • (i) Women Section Sub-Committee

They shall conduct their business in accordance with the directions of the Management Committee or Executive Committee and forward periodical reports to these Committees.

  • (j) The Assistant General Affairs Officer, Assistant Economic Officer, Assistant Culture & Education Officer, Assistant Association & Society Officer, Assistant Welfare Officer, Assistant Information Officer, Assistant Public Relationship & Coordinating Officer, Assistant Youth Section Officer and Assistant Women Section Officer shall assists their respective principal officers and one of them shall be appointed to act for the respective principal officers in their absence.

FINANCIAL PROVISIONS 

  • Rule No.10:
  1.  The financial year of the Association shall commence on the first day of January and end of the 31st day of December the same year.
  2.  The funds of the Association shall be utilize only for purposes necessary in attaining its objects and carrying out its activities.
  3. The Treasurer may hold a petty cash advance not exceeding RM1,000.00 at any one time. All money in excess of this sum shall within THREE days of receipt be deposited in a bank account opened in the name of the Association.
  4. Expenditure of an amount above RM500.00 to RM5,000.00 at any one time shall have prior sanction of the President, expenditure of an amount above RM5,000.00 to RM50,000.00 at any one time shall have prior sanction of the Executive Committee; expenditure of an amount above RM50,000.00 to RM500,000.00 at any one time shall have prior sanction of the Management Committee; and expenditure exceeding RM500,000.00 at any one time shall have prior sanction of the General Meeting.
  5. All funds of the Association shall be deposited in bank  or banks approved by the Management Committee.
  6. All cheques or withdrawal notices on the Association’s accounts shall be signed jointly by the President (or in his absence the Deputy President) and the Treasurer (or in his absence the 1st Assistant Treasurer).
  7. To raise fund for the attainment of the objective of the Association with prior approval of the Registrar of Societies and the authority concerned.

   AUDITOR

  • Rule No.11:
  1. One or more persons, who shall not be office bearers of the Society shall be appointed by the Annual General Meeting as Auditor(s). He/They shall hold office for THREE years in accordance with the term of office for other office bearers.
  2. The Auditor(s) shall be required to audit the accounts of the Society for the 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 his/their tenure of office at any date, and to make a report to the Committee.

PROPRIETOR / TRUSTEESHIP 

  • Rule No.12:

APPOINTMENT OF OFFICERS UNDER SECTION 9(b) OF THE SOCIETIES ACT, 1996

  1. The immovable property of the Association may if not registered in the name of trustees, not with standing the provisions of any written law of the contrary be registered in the name of the Association, and all instruments relating to that property shall be as valid and effective as if they had been executed by the registered proprietor provided that they are executed by three office bearers for the time being of the Association, whose appointments are authenticated by a certificate of the Registrar and sealed with the seal of the Association.
  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 rule shall deal with the immovable property of the Association in such manner as the General Meeting may direct provided 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 properties of the Association without the consent and authority of a General Meeting.
  5. Any 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 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.

INTERPRETATION OF CONSTITUTION 

  • Rule No.13: Not applicable

PATRONS / ADVISERS

  • Rule No.14:

Patrons or Advisers may be appointed at the Management Committee meeting.

PROHIBITIONS

  • Rule No.15:
  1. All delegates, Management or Executive Committee members and every officer performing executive function in the Association must be Malaysian citizens.
  2. All paid staff and employees of the Association shall not be the delegates or Managements or Executive Committee members.
  3. The Association shall not have any affiliation or connection with any society or association established and registered in foreign countries.
  4. Neither the Association shall take part in politics nor its funds be used for political purposes.
  5. No benefits as defined under Section 2 of the Societies Act 1996 shall be given by the Association to any of its members.
  6. Any person shall not hold office in the Society or become an adviser or employee of the Association if he is disqualified under Section 9A of the Societies Act 1966.
  7. Neither the Association nor its members shall engage or try engage in any Trade Union activities as defined in the Trade Union Act 1959.
  8. No gambling or any other illegal activities shall be carried out in the premises of the Association.

AMENDMENT OF RULES

  • Rule No.16:
  1. The Rules and Constitution of the Association shall not be amended except by resolution at any general meeting and adopted by a majority of at least two third of the delegates voting thereon.
  2. Such amendments shall take effect as from the date of their approval by the Registrar of Societies.

DISSOLUTION

  • Rule No.17:
  1. The Association may be dissolved by a resolution adopted by at least three quarters of the delegates voting thereon at any general meeting attended by delegates of at least three fifth of the total membership provided that the motion for dissolution shall be in the agenda.
  2. In the event of the Association being dissolved as provided above all debts and liabilities legally incurred on its behalf shall be fully discharged and the remaining funds and assets shall be disposed of in such manner as may be decided upon by the general meeting.

FLAG, SYMBOL & BADGE

  • Rule No.18:
  1. Flag        – description –
  2. Symbol  – description –
  3. Badge    – description –

ORGANIZATION 

  • Rule No.19:

The organization of the Association shall be as follows:

  1. The General MeetingThe General Meeting shall consist of delegates from the affiliated members in the following proportions:
    • (i) TWO (2) delegates from every affiliated member having 100 or less members;
    • (ii) FOUR (4) delegates from every affiliated member having 101 to 300 members;
    • (iii) FIVE (5) delegates from every affiliated member having 301 to 500 members; and
    • (iv) SIX (6) delegates from every affiliated member having over 500 members.
  2. The Management CommitteeThe Management Committee shall consist of designated members, elected members and appointed members. The elected members shall be more than the designated members by FIVE (5) in number.
  • (A) DESIGNATED MEMBER
  • (i) Every affiliated member having more than 500 members shall be entitled to nominated ONE (1) from its delegates as a designated  member.
  • (ii) The Kuching Chinese Chamber of Commerce shall in addition to (a) herein be entitled to nominate additional ONE (1) from its delegates as a designated member.
  • (iii) Affiliated members from each of the following areas namely Serian, Simunjan, Samarahan, Bau, Lundu and Kuching Rural District shall be entitled to nominate TWO (2) from their delegates as designated members.
  • The designated members shall be nominated before the election of elected members.

 

  • (B) ELECTED MEMBER

The elected members shall be elected from the delegates of affiliated members by voting at the general meeting.

  • (C) APPOINTED MEMBER

The Management Committee may if deemed necessary apposite not more than TEN (10) appointed members from the delegates.

Total number of committee is 86.

EDUCATION FUND

  • Rule No.20:

There shall be established an Education Fund for the education of the people of Sarawak in particular and Malaysia in general. Separate by-laws shall be drawn up for the Management of the fund.

 

 

 

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