RULES AND CONSTITUTION OF PERSEKUTUAN PERSATUAN-PERSATUAN HAKKA SARAWAK

Rule 1: Name
  The name of the Society shall be known as Persekutuan Persatuan-Persatuan Hakka Sarawak, hereinafter referred to as the Federation.
   
Rule 2: Registered and Postal Address
  (1) The registered and postal address of the Federation shall be 34-36, First Floor, Jalan Gold Jade, Off Green Road 93150 Kuching.
  (2) The registered and postage address of the Federation shall not be changed without the prior approval of the Registrar of Societies.
   
Rule 3: Objects
 

The objects of the Federation shall be:

  1. To promote better understanding and cooperation of member associations.
  2. To foster cooperative spirits among member associations.
  3. To promote cultural, educational, welfare and social development of Hakka Community in line with national policies.
  4. To cooperate with other organizations with similar aims and object for the advancement of social welfare.
  5. To acquire land and building for the premises of the Federation.
  6. To receive valuntary donations and to raise fund for the attainment of the objects of the Federation, with the prior consent of the Registrar of Societies and the approval of the authority concerned.
   
Rule 4: Membership
 
  1. Any registered Hakka Associations in Sarawak shall be eligible for affiliated membership of the Federation.
  2. Every application for membership shall be in prescribed form (except founding member association) and submitted to the Secretary General for approval by the Management Committe. Upon approval and upon payment of the entrance fee and yearly subscription, the applicant shall be admitted as member of the Federation.
  3. The Management Committe reserves the right to reject any application without assigning any reason thereof.
  4. The Secretary General shall keep a membership register containing the following:
    1. Affiliated Association
      1. Serial number
      2. Date of admission
      3. Name of the Member Association
      4. Registration number
      5. Date of registration
      6. Registered address
      7. Postal address
      8. Telephone & Fax numbers
    2. Affiliated Association's Delegate
      1. Name in Chinese and English
      2. Date and place of birth
      3. Identity card number (old and new)
      4. Sex
      5. Nationality
      6. Occupation and address of office
      7. Residential address
      8. Telephone & Fax numbers
      9. Office held in affiliated association
   
Rule 5: Entrance Fee, Subscription And Other Dues
 
  1. The entrance fee and subscription payable shall be as follows:-
    1. Entrance fee..........RM200.00
    2. Annual Subscription...RM200.00
  2. All annual subscriptions shall be payable to the Treasurer before the annual delegates conference is held.
  3. Any number who allows its arrears to exceed two years' subscriptions shall receive a written notification signed by or on behalf of the Secretary and shall be denied the privileges of membership until it settles its account.
  4. Any member who allows its arrears to exceed three years' subscriptions shall automatically cease to be a member of the Federation and the Management Committee may direct that legal action be taken against it, provided that it is satisfied that it has received due notice of its debts.
  5. The Management Committee shall have the power to fix a re-entrance fee for any association who has allowed its membership to lapse through arrears.
  6. Special subscriptions or levies for particular purposes amy be raised from members by resolution of the general meeting of the Federation. If any member fails to pay such subscription of the general meeting of the Federation. If any member fails to pay such subscription within such period as may be resolved, the amount due shall be treated in the same way as arrears of annual subscriptions.
   
Rule 6: Member's Obligations
 

A member of the Federation shall have the following obligations:

  1. To abide by the Rules and all resolutions of the Federation.
  2. To assist to promote affairs of the Federation.
  3. To pay yearly subscription promptly.
  4. To send representatives delegates to attend annual delegates conference or extraordinary delegates' conference; if elected, not to decline to accept the appointment as Management Committee member without any valid reason.
  5. To pay special subscription or donation if and when the Federation is in need of fund for any particular purpose.
   
Rule 7: Delegate's Rights
 

A delegate of each member Association shall havve the following rights:

  1. To elect office-bearers and be elected.
  2. To speak and vote at any 'delegates' conference.
  3. To participate in any activities and enjoy all prevailing and facilities of the Federation.
  4. To raise proposals to innovate the Federation.
   
Rule 8: Change of Address
  Every member shall notify the Secretary General of its change of address, failing which any letter, circular or notice sent to its last registered address. Shall be deemed to have given to and received by such member for any purpose provided by these rules.
   
Rule 9: Resignation
  Any member may resign its membership by giving to the Secretary General Three (3) month notice in writing to that effect and shall settle all arrears due to the Federation.
   
Rule 10: Expulsion Of Members
 
  1. The Management Committee may, if at any time it shall be of the opinion that. the interests of the Federation so require, by letter invite any member to withdraw from the Federation within such time as is specified in such letter, and in default of such withdrawal to submit the question of its expulsion to the delegates' conference to be held within six weeks after the date of such letter. Not less than four weeks' notice of the meeting shall be given to the member. It shall be the duty of the Secretary General to inform the member in question of the time and place of the meeting and of the nature of the complaints against it in sufficient time to afford that member a proper opportunity of offering its explanations. At such meeting the member shalt be allowed to offer any explanation of its conduct verbally or in writing, and if thereupon, two-thirds of the members present shall vote for its expulsion, that member shall thereupon cease to be a member of the Federation; provided that the voting at any such general meeting shall be by ballot.
  2. No member which has been expelled from the Federation under paragraph (1) above shall at any time be re-admitted as a member.
   
Rule 11 :

Effect Of Ceasing To Re A Member

 

Any member shall upon ceasing to be a member of the Federation whether on account of resignation on expulsion, forfeit all rights to and claim upon the Federation and its property and funds.

   
Rule 12 : Annual Delegates' Conference
 
  1. The highest authority of the Federation shall be vested in a delegates' conference, which shall consist delegates' from the affiliated members. The annual delegates' conference of the Federation shall be held before March after the close of every financial year on a date and at a time to be decided by the Management Committee and at the premises of the association to which the President belongs. The business of the delegates conference shall be:
    1. To receive the management Committee's report on the working of the Federation during the previous year;
    2. To receive the Treasurer's report and the audited account of the Federation for the previous year;
    3. To elect a Management Committee biennially and to appoint property officers and auditors also biennially;
    4. To consider and adopt motions by members and amendment to Rules.
    5. To deal with such other matters as may be put before it.
  2. A preliminary notice of the delegates' conference stating the date, time and place, agenda and calling for motions for discussion and motions for amendment of rules shall be sent by the Secretary General to all members not later than twenty-one days before the date fixed for the meeting.
  3. Motion for discussion at the meeting must be sent to reach the Secretariat not later than seven days after the receipt of the preliminary notice.
  4. The Secretary General shall send to all members at least 10 days before the delegates' meeting an agenda including copies of minutes, motions, reports and audited account for the previous year.
  5. ach member association shall be entitled to send one (1) delegate for every one hundred (100) members and at most twelve (12) delegates provided that every member association shall be entitled to send at least two (2) delegates.
   
Rule 13 : Extraordinary Delegates' Conference
 
  1. An extraordinary delegates' conference of the Federation shall be convened:?
    1. Whenever the Management Committee deems it desirable, or
    2. At the joint request in writing of not less than four (4) member associations, stating the objects and reasons for such meeting.
  2. An extraordinary delegates' conference requisitioned by members shall he convened for a date within thirty days of the receipt of such requisition.
  3. Notice and agenda for an extraordinary delegates' conference shall be forwarded by the Secretary General to all members at least fifteen (15) days before the date fixed for the meeting.
   
Rule 14 :

Quorum And Postponement Of Delegates Conference

 
      1. The quorum for any delegates' conference shall be one half of the total membership, irrespective of number of delegates.
      2. An hour after the time appointed for the meeting, if a quorum is absent, the meeting shall be postponed to a date to be decided by the Management Committee but not later than thirty (30) days
      3. here no quorum is present half an hour after the time appointed for the meeting at the subsequent date decided in accordance with paragraph (2) above,
        1. an annual delegates' conference shall proceed to business provided that such meeting shall not amend these rules or make decisions affecting the whole
          membership.
        2. An extraordinary delegates' conference requisitioned by members shall be cancelled and no extraordinary delegates' conference shall be requisitioned for the same purpose until after a lapse of six months from the date thereof.
   
Rule 15 : Management Committee
 
  1. A Management Committee consisting of the following members who shall be termed office-bearers shall be elected biennially from amongst the delegates at the annual delegates' conference:-1 President
    1 Deputy President
    7 Vice-President
    1 Secretary General
    1 Assistant Secretary General
    1 Treasurer
    1 Assistant Treasurer
    1 Culture and Education Officer
    1 Assistant Culture and Education Officer
    1 Welfare Officer
    1 Assistant Welfare Officer
    1 Economic Officer
    1 Assistant Economic Officer
    1 Public Relation Officer
    1 Assistant Public Relation Officer
    1 Youth Affairs Officer
    1 Assistant Youth Affairs Officer
    1 Women Affairs Officer
    1 Assistant Women Affairs Officer
    2 Ordinary Management Committee Members
  2. The function of the Management Committee is to organize 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 delegates' conference. The Management Committee may raise fund and not act contrary to the expressed wishes of the delegates' conference without prior reference to it and shall always remain subordinate to the delegates' conference, It shall furnish a report to the annual delegates' conference on its activities during the previous year.
  3. The Management Committee convened by the l'resident shall meet at. least once every six months and thirty (30) days' notice of each meeting shall be given to the members. One half of the Management Committee members must be present for its proceeding to be valid and to constitute a quorum.
  4. Where any urgent matter requiring the approval of the Management 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 Management Committee is deemed to have been obtained.
    1. the issue must be clearly set out in the circular and forwarded to all members of the Management Committee;
    2. at least one-half of the members of the Management Committee must indicate whether they are in favor or against the proposal; and
    3. the decision must be by a majority vote.
    Any decision obtained by circular letter shall be reported by the Secretary General to the next Management Committee Meeting and recorded in the minutes thereof.
  5. In the event of the death or resignation of a member of the Management Committee, a delegate from the member Association concerned shall be invited to fill the vacancy. If there is no delegate, or such delegate decline to accept the offer than. the Management Committee may co-opt any delegate from any member association to fill the vacancy until the next election of office-bearers.
  6. The Management 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 organizers or member of the staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Management Committee or for any other reason which it deems good and sufficient in the interest of the Federation.
  7. The Management Committee shall give instructions to Property Officers to manage the immovable property of the Federation to comply with Section 9(b) of the Societies Act, 1966.
  8. Except where they are contrary to or inconsistent with the policy previously laid down by the delegates' conference, the decisions of the Management Committee shall be binding on all members of the Federation unless and until countermanded by a resolution of a delegates' conference.
   
Rule 16 : Election
 
    1. Election of the Management Committee consisting of two delegates front each member association shall be carried out biennially at the delegates' conference.
    2. The member association which holds the office of President is entitled to, one additional delegate on the Management Committee. Names for the above offices shall be proposed and seconded and biennially election will he by a simple majority vote of the voting members at the annual delegates conference. MI the office-bearers shall be eligible for re-election.
   
Rule 17 : Tenure Of Office
 

The Management Committee shall hold office for two years and members of the Management Committee shall be eligible for re-election provided that the posts of President, Secretary General and Treasurer shall not be held consecutively exceeding two terms (four years) by the same person respectively.

   
Rule 18 : Duties Of Office-Bearers
 
    1. The President shall preside at all delegates' conference and all meetings of the Management Committee and shall be responsible for the proper conduct of all such meetings. He shall represent the Federation, keep the Federation's seal, have the casting vote and sign the minutes of each meeting at the time they arc confirmed.
    2. The Deputy President shall assist the l'resident and act for him in his absence.
    3. One of the Vice-presidents shall act for the President in the absence of both the President and the Deputy President.
    4. The Secretary General shall conduct the business of the Federation in accordance with its rules, and shall carry out the instructions of the delegates conference and the Management Committee and shall be responsible for conducting all correspondence and keeping all books, documents and papers except the accounts and financial records. Ile shall attend all meetings and record the proceedings.
    5. The Assistant Secretary General shall assist the Secretary General during the latter's absence.
    6. The Treasurer shall be responsible for the finances of the Federation. He shall keep account of all financial transaction and shall be responsible for their correctness. He shall present the audited accounts at the annual delegates conference.
    7. The Assistant Treasurers shall deputize for the Treasurer during the latter's absence.
    8. The Culture and Education officer shall be responsible for culture and education matters of the Federation.
    9. The Assistant Culture and Education Officer shall assist the Culture and Education Officer and act for him in his absence.
    10. The 'Welfare Officer shall be responsible for Welfare work of the Federation.
    11. The Assistant Welfare Officer shall assist the Welfare Officer and act for him in his absence.
    12. The Economic Officer shall be responsible for Economic Activities of the Federation.
    13. The Assistant Economic Officer shall assist the Economic Officer and act for him in his absence.
    14. The Public Relation Officer shall be responsible for Public Relation of the Federation.
    15. Tbe Assistant Public Relation Officer shall assist the Public Relation Officer and act for hint in his absence.
    16. The Youth Affairs Officer shall be responsible for Youth Affairs Officer of the Federation and shall coordinate youth activities of member associations.
    17. The Assistant Youth Affairs Officer shall assist the Youth Affair Officer and act for him in his absence.
    18. The Women Affairs Officer shall be responsible for Women Affairs Officer of the Federation and shall coordinate women activities of member associations.
    19. The Assistant Women Affairs Officer shall assist the Women Affairs Officer and shall act for her in her absence.
    20. The Ordinary Management Committee Members shall assist the above office-bearers in carrying out their duties.
   
Rule 19 : Financial Provisions
 
    1. The financial year of the Federation shall commence on 1" January annually.
    2. The incomes and property of the Federation shall be applied solely towards the promotion of the objects of the Federation but nothing herein contained shall prevent the payment in good faith of remuneration to staff, members or any other persons for services actually rendered to the Federation and no portion thereof shall be paid by way of court fines or compensation of member.
    3. The Treasurer may hold a petty cash advance not exceeding RM500.00 at any one time. All money in excess of this sum shalt be deposited in a bank approved by the Management Committee. The bank account shall be iu the name of the Federation.
    4. All cheques or withdrawal notices on the Federation's account shall be signed jointly by the President, the Secretary General and the Treasurer with the Federation seal.
    5. The President shall have the right to approve expenditure not exceeding RM3,000.00 at any one time. No expenditure exceeding RM3,000.00 at any one time shall be incurred without the prior sanction of the Management Committee and no expenditure exceeding RM20,000.00 at any one time shall be incurred without the prior sanction of a delegates' conference.
    6. The Federation shall not take part in politics not shall its fund be used for political purpose.
    7. 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 by the Treasurer and audited by the Auditors appointed under Rule 20, The audited accounts shall be submitted for the approval of the delegates' conference and copies shall be made available at the registered address of the Federation for the perusal of members.
   
Rule 20 :

Audit

 
  1. One delegate who shall not be officer-bearer of the Federation, shall be appointed biennially by the delegates' conference as Auditor. lie shall hold office for two years.
  2. The annual delegates' conference shall appoint one qualified Auditor or an Auditors Company as External Auditor to audit the accounts of the Federation for the previous years, and to prepare a report or certificate for the delegates' conference. lie shall hold office for two years.
   
Rule 21 :

Authorized Officers For The Purpose ef Section 9(b) Of The Societies Act, 1966

 
  1. Three officers who must be office-bearers and over twenty-one (21) years of age, shall be appointed biennially at a annual delegates' conference for the purpose of Section 9(b) of the Societies Act, 1966.
  2. They shall hold office for two years and shall be eligible for re-election.
  3. They shall have vested in them all immovable properties whatsoever belonging to the Federation and shall deal with them in such manner as the delegates' conference may direct provided that all immovable properties shall be registered in the name of the Federation.
  4. They shall not sell change, mortgage or transfer any immovable properties belonging to the Federation except with the consent and approval of the delegates' conference.
  5. An officer so appointed under Rule 21(1) may be removed front office by delegates' conference on the ground that, owing to iii health, unsoundness of mind, dishonesty, being declared bankrupt, absence from the country or for any other reason, he is unable to perform his duty or unable to do so satisfactorily. In the event of the death resignation or removal of the said officer before the annual delegates' conference, the vacancy shall be filled by an extraordinary delegates' conference convened for the purpose.
   
Rule 22 : Sub-Committees
 

The Management Committee shall have power to appoint sub-committee for the furtherance of the objects of the Federation as it may deem fit and to delegate to Sub-Committee such power as it may consider necessary and expedient, and to withdraw from Sub-Committee all or any of the power so delegated and revoke all such appointments. Any Sub-Committee so appointed shall, in exercising the powers so delegated conform to any of the regulations that may from time to time be imposed upon it by the Management Committee. On each and every such Sub-Committee so appointed, there shall always be a member of the Management Committee, who shall act as a Chairman of the Sub-Committee.

   
Rule 23 : Damages/Removal Of Property
 
  1. Member of any member association breaking or damaging any article or property of the Federation shall pay the cost of repairing or replacing it, if he is called upon to do so by Management Committee.
  2. No books, periodicals, newspapers or any other property of the Federation shall be removed from the Federation without the consent of the Management Committee.
   
Rule 24 : Use Of Premises
 

The Management Committee shall have the power to let member association and other societies make use of the Federation premises for other societies make use of the Federation premises for organizing gatherings, dinners and wedding parties etc.

   
Rule 25 :

Guests

 
  1. Any member association shall have the privileges of introducing to the Federation premises any person as guests and shall be responsible for the conduct and behavior of their guests and for any breakage or damage caused by their guests to the property of the Federation.
   
Rule 26 :

Injuries

 

The Federation shall not be liable in respect of death of or any personal injury sustained by any visitor from his enjoyment of the Federation or otherwise howsoever.

   
Rule 27 :

Patrons/Advisers

 

Patrons / advisers may be appointed at a delegates' conference on the proposal of the Management Committee.

   
Rule 28 : Annual Return
 

The Secretary General, within 60 days after the holding of the annual delegates' conference, shall forward to the Registrar of Societies an annual return in prescribed form.

   
Rule 29 : Special Provisions
 
    1. All members of the Management Committee and every officer performing executive functions in the Federation shall be Malaysian.
    2. The Federation shall not have any affiliation or connection with any society established outside Malaysia.
    3. The Federation shall not accept any money and property from a foreign country.
    4. Any person who is disqualified under Section 9A of the Societies Act. 1966 shall not be allowed to hold office or to become adviser, patron or employee of the Federation.
    5. No gambling or any illegal activities shall be carried out at the premises of the Federation.
   
Rule 30 : Interpretation Of Rules
 

Between annual delegates' conference, the Management Committee shall interpret the rules of the Federation and, when necessary, determine any point on which the rules are silent.

   
Rule 31 :

Amendment Of Rules

 

These rules may not be altered or amended except by resolution of a delegates' conference, Such alterations or amendments shall take effect from the date of their approval by the Registrar of Societies. Any amendment shall be submitted to the Registrar of Societies within 60 days of being passed in a general delegates' conference.

   
Rule 32 :

Dissolution

 
  1. The Federation may be voluntarily dissolved by a resolution of not less than four-fifths of the total voting member associations at a delegate' conference convened for the purpose.
  2. In the event of the Federation being dissolved as provided above, all debts and liabilities legally incurred on its behalf shall be fully discharged and the remaining funds shall be disposed of in such manner as may be decided upon by a delegates' conference.
  3. Notice of dissolution shall be given within 14 days of the dissolution to the Registrar of Societies.
   
 

 

Signature :..........................
Name : Wong Vui Khiun
Designation : President

 

Phang Kuet Liong
Secretary General



 
 
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