《RULES》
1. Name The name of the Association shall be called “Persatuan Hainan, Miri”(Hainan Association,Miri)hereinafter referred to as the Association .
2. Registered The registered address and place of meeting of the Association shall be at
Add & Place Lot 342 ( 2nd Floor), Jalan Ngo King Hi, Pelita Commercial Centre, Jalan Pujut,
Of Meeting Miri 98000, P O Box 676 Miri.
3. Objects The objects of the Association shall be:-
a) To promote friendly relationship among members.
b) To encourage the spirit of mutual help among members.
c) To promote and develop cultural, educational, economic welfare interest of the Association and its members.
d) To acquire, purchase, lease, take hold and enjoy movable and immovable property of every description, and may sell exchange, surrender and yield up or otherwise dispose of and deal with any movable and immovable property upon which terms and conditions as the Association may think fit.
e) To invest its fund not immediately used in any manner as may be determined from time to time by the Management Committee of the Association.
f) To accept contributions, donations, grants, endowments, legacies and subscriptions from persons or bodies desiring to assist in the promotion of the objects of the Association.
g) All money and profit accruing to the Association from participating any business or ingestion shall be applied solely towards the furtherance promotion and execution of the objects of the Association, and in portion thereof shall be paid by way of dividend, bonus or broth to any member of the Association, Provided that nothing herein expresses or contained shall prevent the payment in good faith of remuneration or expenses or both to any officer or servant of the Association or to any member of the Association, or other person for services actually rendered by him or them to the Association.
4. Membership All Malaysia Hainanese and their wives who are of good character, above theage of sixteen
Qualification and wiling to abide by the rules and regulations of the Association may apply to become members in accordance with the membership procedure.
5. Application The proper procedure for an intending member to follow is to fill an
for one existing member and Seconded by
Membership another member. The application shall be posted in the hall for a period of fourteen days. If no objection is raised by any member and the application has been approved by the Management Committee the applicant shall be notified in writing to pay up various fees within seven days. The Management Committee may accept or reject any application for membership without assigning any reason for its decision.
6. Subscriptions a) On joining the Association a member must pay an enrolment fee of RM 30.00 and in addition, from the month in which he joins the Association, he shall pay (i) a yearly subscription fee of RM 30.00or (ii) a Life membership fee of RM 300.00. All yearly subscription fee shall be payable to the Treasurer in advance before the month of March each year. Special subscription or levy for any particular purpose may be raised from the member by a resolution of general meeting of the Association.
b) Aged and infirm member who have no means of support and cannot afford to pay subscriptions may apply to the Management Committee for reduction or total exemption of their subscriptions.
7. Expenditure The expenditure of the Association shall be met from member’s various fees, subscriptions and proceeds from Association’s property.
8. Management (a) The Management Committee comprising of 25 members shall be elected
Committee triennially at the general meeting of members. The Management Committee members shall then elect from among themselves the following office-bearers:-
One President
Two Vice Presidents
One General Affairs Officer
One Assistant General Affairs Officer
One Secretary
One Assistant Secretary
One Treasurer
One Assistant Treasurer
One Women Officer
One Youth Officer
One Welfare Officer
One Assistant Welfare Officer
Ten Ordinary Management Committee Members ( Four to be appointed
by the President upon consultation with the Management Committee )
(b) (i) Candidates for the triennial election top the Management Committee must be proposed by a member and seconded by another member with the candidate signifying his consent to stand for such election by signing on the nomination form
(ii) Nomination form must be submitted to the Secretary of the Association at least 3 days before the date of the Annual General Meeting after which nomination will be closed
(iii) Upon closing of nomination, if not more than 21 candidates shall have been nominated, these candidates shall be deemed elected. If there are more than 21 candidates, election will be by a simple majority vote of the members at the Annual General Meeting
(iv) The elected candidates shall then elect among themselves the various office-bearers as mentioned in provision (a) above
(v) The management Committee shall have the power to fix the procedures for nominations and voting from time to time within the rules set forth above
(c) The function of the Management Committee is to organize and supervise the day-to-day activities of the Association and to make decisions on matters affecting its running within the general policy laid down by the General meeting. The Management Committee may not act contrary to the expressed wishes of the general meeting without prior reference to it and shall always remain subordinate to the general meeting. It shall furnish a report to each annual general meeting on its activates during the previous year.
(d) The Management Committee shall meet at least once every two months and three days notice of each meeting shall be given to the members. The President shall be given to the members. The President acting along, or not less than three of its members acting together may call for a meeting of the Management Committee to be held at any time. At least one half of the Management Committee members must be present for its proceedings to be valid and to constitute a quorum.
(e) Any member of the Management Committee who fails to attend three consecutive meetings of the Management Committee without satisfactory explanation shall be deemed to have resigned from the Management Committee.
(f) In the event of the death or resignation of a member of the Management Committee the candidates who received the next highest number of votes at the previous election shall be invited to fill the vacancy. If there is no such candidate or if such candidate declines to accept office, the Management Committee shall have the power to co-opt any other member of the Association to fill the vacancy until the next biennial general meeting.
(g) The Management Committee shall give instructions to the Secretary and other officers for the conduct of the affairs of the Association. It may appoint such organisers and such staff as it deems necessary. It may suspend or dismiss any organiser 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 Association.
(h) Except where they are contrary to or inconsistent with the policy previously laid down by the general meeting the decisions of the Management Committee shall be binding on all member of the Association unless and until countermanded by a resolution of a general meeting.
9. Subcommittees The Management Committee may appoint sub-committee for management of such affairs not provided in the rules herein contained.
10. General (a) The general meeting of members shall be the supreme organ of the Association.
Meetings (b) The general meeting of members shall be held during the month of January each year.
(c) The business of the annual general meeting shall be:-
(i) To receive the Management Committee’s report on the working of the Association during the previous year.
(ii) To receive the Treasurer’s report and the audited accounts of the Association previous year.
(iii) To elect a Management Committee triennially and to appoint for the ensuing year.
(iv) To deal with such other matters as may be put before it.
(d) The Secretary shall send to all members at least 7 days before the meeting a notice and an agenda including copies of minutes and reports, motions and the audited accounts of the Association for the previous year. Copies of these documents will also be made available at the registered address/office or place of meeting of the Association for the perusal of members.
(e) An extraordinary general meeting of the Association shall be convened:-
(i) Whenever the Management Committee deems it desirable; or
(ii) at the joint request in writing of not less than twenty members, stating the objects and reasons for such meeting.
(f) An extraordinary general meeting requisitioned by members shall be convened for a date within thirty days of the receipt of such requisition.
(g) Notice and agenda for an extraordinary general meeting shall be forwarded by the Secretary to all members at least 7 days before the date fixed for the meeting.
(h) The quorum for any general meeting shall be at least 38 members or 1/3 of the total membership, whichever is the lesser. In the absence of a quorum, the meeting shall be postponed to a later date to be decided by the Management Committee.
(i) When there is no quorum at the subsequent date decided as paragraph (h) above:-
(i) An annual general meeting shall proceed to business provided such meeting shall not amend these rules or make decisions affecting the whole membership; and
(ii) an extraordinary general meeting convened at the requisition of members shall be cancelled and on extraordinary general meeting shall be requisitioned for the same purpose until a lapse of at least six months from the date thereof.
11. Duties of (a) The President shall
Office-bearers (i) Be responsible for the affairs of the Association, to be in charge of the seal and
sign all correspondence and notices.
(ii) Act as Chairman at all meetings.
(iii) Carry out all resolutions.
(iv) Sign all withdrawal notices and cheques jointly with the Treasurer.
(v) Represent the Association externally.
(b) The Vice President shall assist the President in attending to all the affairs of the Association and one of them shall act on his behalf during the latter’s absence.
(c) The General Affairs Officer shall plan affairs of the Association and act in accordance with the resolutions made at various meetings.
(d) The Secretary shall be responsible for conducting correspondence and taking down minutes of meetings.
(e) The Assistant Secretary shall give assistance to the Secretary in the performance of his duties and shall act for him in his absence.
(f) The Treasurer shall be responsible for taking charge of all receipts, payments, account books and documents relating to finance. He shall make a report on financial position at the monthly meetings of the Management Committee as well as annual statement of the annual general meeting.
(g) The Assistant Treasurer shall assist the Treasurer in the performance of his duties and shall act for him in his absence.
(h) The Women Officer shall be responsible for organising the Women Section of the Association. To promote activities in pertaining homemaking, social works, recreational and foster friendly relationship among members and to assist the Association in carrying out the various projects.
(i) The Youth Officer shall be responsible for organising the Youth Section of the Association, promoting cultural, recreational, sports and other healthy activities.
(j) The Welfare Officer shall be responsible for the welfare and charitable affairs of the Association.
(k) The Assistant Welfare Officer shall assist the Welfare Officer in the performance of his duties and shall act for him in his absence.
(l) The Ordinary Committee Members shall carry out duties as and when required by the Management Committee
12. Tenure of All office-bearers shall hold office for two years and shall be eligible for
Office re-election.
13. Financial (a) (i) Subject to the following provisions in this rules, the funds of the Association may
Provisions be expended for any purpose necessary for the carrying out of its objects, including the expenses of its administration, the payment of salaries, allowances and expenses to its office-bearers and staff, and the audit of its accounts, but they shall on no account be used to pay the fine of any member who may be convicted in a court of law.
(ii) With the consent and authority of a general meeting of members, the Association’s immovable property of any description may be charged,mortgaged or pledged to any financial institution to raise funds or loans to carry out its objects on such terms as they shall think fit.
(b) The Treasurer may hold a petty cash advance exceeding five hundred ringgit at any one time. All money in excess of this sum shall within seven days of receipt be deposited in a bank approved by the Management Committee. The bank account shall be in the name of the Association.
(c) All cheques or withdrawal notices on the Association’s account shall be signed jointly by the President or in his absence the Vice-President and the Treasurer or in his absence the Assistant Treasurer.
(d) No expenditure exceeding five hundred ringgit at any one time shall be incurred without the prior sanction of the Management Committee, and no expenditure exceeding ten thousand ringgit at any one time shall be incurred without the prior sanction of a general meeting.
(e) The financial year of the Association shall commence on 1st January and shall end on 31st December annually.
(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 Auditor appointed under Rule 14. The audited accounts shall be submitted for the approval of the next annual general meeting, and copies shall be made available at the registered office/address or place of meeting of the Association for the perusal of members.
14 Auditor (a) One person, who shall not be office-bearer of the Association, shall be appointed by the annual general meeting as Honorary Auditor. He shall hold office for one year only and shall not be reappointed.
(b) The Auditor shall be required to audit the accounts of the Association for the year, and to prepare a report or certificate for the annual general meeting. He may also be required by the president to audit the accounts of the Association for any period within his tenure of office at any date, and to make a report to Management Committee.
15 Appointment of (a) Three Trustees who must be officers-bearers and over 21 years of age
Trustees under meeting for the purpose of Section 9 (b) of the Societies Act, 1966
Section 9 (b) of (b) They shall hold office for a 2 years and shall be eligible for reelection
Societies (c) The Trustees appointed under this rule shall deal with the immovable Property of the
Act 1966 Association in such manner as the general meeting may direct provided that all
immovable properties shall be registered in the name of the Association
(d) The Trustees shall not sell, withdraw, charge, mortgage, pledge or transfer any of the
property of the Association without the consent and authority of a general meeting
(e) Any officer may be removed from the 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 meeting convened for the purpose.
16 Rights， Member of the Association shall have the right to elect, to be elected, to speak and to
Privileges other rights and privileges of membership. It shall be the duty of members of the
And Duties Association to pay subscriptions, to make special subscriptions or donations, and to abide by the rules and regulations of the Association.
17 Monetary The President shall have power to approve applications for monetary assistance and
Assistance relief from poor and needy members for sums not exceeding RM 100.00 on any application.
18 Monetary Monetary awards shall be made to children of members who do well in their
Award for examinations in local schools. The criterion in making such awards shall be
Members’ decided by the Management Committee.
Children
19 Prohibitions Gambling opium-smoking and other unlawful activities in the premises of the Association shall be prohibited.
20 Defaulters Members whose yearly subscription fees are in arrears for two years shall be notified in writing. Those who are in arrears for three years shall automatically cease to be a member of the Association and may become supporter. Thereafter if they wish to enjoy the rights and privileges they must apply for re-admission according to the normal procedure.
21 Expulsion (a) If a member is found to have violated the rules and regulations or caused damage to the reputation of the Association his membership may be cancelled by the Management Committee. The yearly subscriptions and donations which he has paid shall not be refunded to him.
(b) Any member expelled under this Rule shall have the right of appeal to the general meeting whose decision shall be final.
22 Anniversary The Anniversary of the Association shall be 1st day of January each year.
23 Special (a) All members of the Management Committee and every officer performing
Provisions executive functions in the Association must be Malaysia citizens.
(b) The Association shall not have any affiliation or connection with any society established outside Malaysia.
24 Membership The Secretary shall keep a membership register containing the following
Register particulars:-
(a) Serial No.
(b) Date of Admission
(c) Name
(d) Date of Birth
(e) Identity Card Number
(f) Nationality
(g) Occupation
(h) Address
25 By-laws and The Management Committee may make, repeal or alter bylaws or regulations. All
Regulations by-laws or regulations or rescissions and alterations thereof shall be posted on the Notice Board in the Association’s premises for a fortnight, during which time any 20 members, may give notice in writing to the President, require the opinion of an extraordinary general meeting to be taken thereof. If no such notice be given, the bylaws or regulations or rescissions or alterations thereof shall become binding on all members.
26 Interpretation Between annual general meeting of the Association the Management Committee shall have
of Rules the power to interpret the rules of the Association and when necessary, determine any point on which the rules are silent.
27 Amendment These rules may not be altered or amended except by a resolution of two-thirds majority of
of Rules members present at a general meeting. Such alterations or amendments shall take effect from the date of their approval by the Registrar of Societies.
28 Dissolution (a) The Association may be voluntarily dissolved by a resolution of not less than three-fifths of the total membership.
(b) 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 shall be disposed of in such manner as may be decided upon by the general meeting.
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