RULES AND REGULATIONS
PERSTUAN KLAN PHANG, SARAWAK
PHANG (PANG) CLAN ASSOCIATION SARAWAK
Rule 1 Name and Registered Office / Address
- The name of the Association shall be the Klan Phang, Sarawak (Phang Clan Association, Sarawak) hereinafter referred to in these Rules as “The Association”.
- Its registered address and place of business/meeting shall be Lot 1639,Block 71, 10th Mile, Jalan Kuching/Serian, 93250 Kuching, Sarawak,or such other place as may be decided upon by the Executive Committee.
- The registered address and place of business/ meeting shall not be changed without the prior approval of the Registrar of Societies.
Rule 2 Objects
The objects of the Association shall be as follows:-
(a) To foster friendly relationship among its members:
(b) To improve social contacts;
(c) To promote mutual help, welfare, education, co-operation and charity among its members.
Rule 3 Memberships
- Ordinary members
- Shall be open to all persons whose sur-name is Phang (or Pang) and the Chinese Character is (彭).
- Must be a Malaysian Citizen;
- Irrespective of religion, sex, and over the age of 18.
- Of a good character
- Are willing to abide by the rules and regulations of the association.
- Shall have the right to vote at any general meeting and to stand for election in any committee in the association.
- Domiciled in Sarawak.
- Associate Members
- Associate Membership shall be open to persons of permanent residence or non-citizens who must satisfy Rule 3(a) (1) (3) (4) (5) and (6).
- Shall have no voting rights and are not eligible to stand for election in any committee.
- Shall have no say whatsoever in the purchasing and disposing of properties owned by the Association.
- Shall have no right to be a trustee.
- Application Forms
Application for membership shall be made in the prescribed form, together with two pass-port size photographs and shall be introduced by a member of the Association, to be forwarded to the Hon. Secretary who shall submit it to the Executive committee which may at its discretion reject any application without assigning any reason therefore.
- Every application whose application has been approved by the Executive Committee shall then receive a membership card and that the new member shall enjoy the rights and benefits of the Association only after the completion of the period of three (3) months membership.
Rule 4 Entrance Fee & Subscription
- The entrance fee shall be RM2. The membership card together with the badge shall be RM2. The amount shall be submitted with the application form.
- Every member shall pay a monthly subscription of RM1(one Ringgit only).
- Every member shall pay an annual scholarship fee of RM3(three Ringgit only) into the Scholarship Fund.
- A member who pays RM150.00 in one lump sum upon joining shall become a life member. A member who has paid annual subscription of RM12.00 for 15 years shall also become a life member.
- If and when the Association is in short of fund or for any other special occasion, the Executive Committee shall have the power to raise special voluntary subscriptions among its members.
Rule 5 Arrears in Subscription
- Any member who is in arrears of subscription for more than three (3) months, shall lose his voting rights and privileges of the Association and shall receive a written warning form the Association. Such arrears should be settled within one month, failing which the member shall be liable to be struck off the membership register without further notice.
- Once the notice has been sent by post to the member’s last known registered address it shall be deemed to have been duly served.
- A member who has been struck off may however submit an appeal to the Executive Committee whose decision shall be final.
- Members who are in financial difficulty due to sickness, disablement, etc. may seek approval for the delay of payments of subscription etc. to the Executive Committee.
Rule 6 Duties of members
It shall be the duty of every member;-
- To introduce fellow clansmen to join the Association
- To abide by the Rules of the association and Resolutions passed at the Extraordinary or Annual General Meeting of members.
- To pay monthly subscriptions regularly and to bear all the expenses to the Association
Rule 7 Privileges of Members
Every member shall enjoy the following rights and privileges:-
- To apply for the use of the Association’s hall for weddings, birthday parties and other celebrations on the payments of a fee of RM50 (extra donations are appreciated). If and when the fee is required to be increased, the Executive Committee shall have the power to make the decision.
- To make suggestions for the improvement and growth of the Association;
- To request the Association’s assistance or mediation in any dispute between members, provided that such disputes do not contravene the laws of Malaysia.
- To enjoy all rights and privileges conferred in the Rules and Resolution passed.
Rule 8 Deprivation of membership
Every member shall abide by the Rules of the Association and the laws of Malaysia.
Any member who has committed an unlawful act shall be deprived of his membership and all rights and privileges in the Association by a resolution of an Executive committee Meeting, if after investigation, it is confirmed that such act is damaging to the reputation of the Association. The decision of the General Meeting shall be final.
Rule 9 Organization
- The supreme authority is vested in the general assembly of members. The association shall biennially elect 25 members by secret ballet at the Annual General Meeting, and nominate 3 outstanding members recommended by the Executive Committee.
- The Executive Committee members shall elect among themselves;-
One Deputy President
Three Vice Presidents
One Hon. Secretary
One Assistant Secretary
One Hon Treasurer
One Assistant Treasurer
One Correspondence Secretary
One Assistant Correspondence Secretary
One Education Officer
One Assistant Education Officer
One Sports/Recreation Officer
One Assistant Sport/Recreation Officer
One Welfare Officer
Three Assistant Welfare Officer
One Publicity Officer
One Youth Officer
One Woman Officer
Three Committee members
Rule 10 Sub-committee
The Executive Committee may, if it considers necessary, set up sub-committees. Members of the Executive Committees may be nominated to form such sub- committee.
Rule 11 Duties of the Office Bearers
- The duties of the President shall be:-
- To superintend the general administration of the daily affairs of the Association in conjunction with other officers.
- To preside at all General & Executive Committee Meetings
- To keep the Association’s seal and important documents
- To sign all vouchers, documents, minutes of meeting etc.
- To represent the Association in respect of external affairs
(b) Deputy President (i) The Deputy President shall assist the President in the performance of his duties and shall act for him during his absence
(ii) The Deputy President shall automatically assume the position of the President on the death or resignation of the president.
(c) The Vice Presidents : The Vice-Presidents shall assist the President in the performance of his duties and may be assigned any duties by the President.
(d) The Hon. Secretary
- Shall be responsible for the management of the daily affairs of the Association
- Shall be responsible for the preparation of the Annual report and meeting circulars
- Shall sign all vouchers and documents etc.
- to supervise the paid employees
- The Asst. Secretary
The Asst. Secretary shall assist the Hon. Secretary in the performance of his duties and shall act for him during his absence.
(f) The Hon. Treasurer
(1)Shall be responsible for the keeping of all financial books and monies of the Association.
(2)Shall have the power to retain in his hands a petty cash of not exceeding $500 at anyone time. Any excess of money shall be deposited into a bank in the name of Association.
(3)To prepare and report monthly and annual accounts in conjunction with the Hon. Secretary to be posted on the notice board.
(4)To sign all vouchers and documents etc.
(g) The Asst. Treasurer shall assist the Hon Treasurer in the performance of his duties and shall act for him during his absence.
(h) Social Affairs Officers
- Shall represent the Association at all social functions
- Shall liaise with other association or persons. Any important matters must be brought to the attention of the Executive Committee Meeting for a decision.
- Sport/ Recreation Officer
Shall organize and hold sports and recreation activities.
- Asst. Sport/ Recreation Officer
Shall assist the sport/ recreation officer in the performance of his duties and shall act for him during his absence.
- Welfare Officer
- Shall handle all welfare matters
- Shall prepare and handle all celebrations and mourning matters.
- Assist or mediate in any dispute between members with the consent of parties concerned.
- Asst. Welfare Officers
Shall assist the welfare officer in the performance of his duties and shall act for him during his absence.
- Committee Members
Shall assist in the running of the affairs of the Association
Rule 12 Internal Auditors
Tow internal Auditors, who shall be elected biennially at the Annual General Meeting. Shall not be members of the Executive committee and may not be re-elected in the next term of office. Their duties shall:-
- Be responsible for the auditing of the account of the Association at least once a month
- Report to the Executive Committee of any discrepancies and misappropriation of funds
- Sign all accounts of the Association after auditing.
Rules 13 Trustees
- The Trustees of the Association, who must be over 21 years of age, and whose number shall be three, shall be elected at the General Meeting of Members.
- The Trustees shall be vested in them all the properties belonging to the Association and they shall deal with them in such a way as the General Meeting of Members may direct.
- A trustee may be removed from office by a resolution of a General Meeting of Members on the ground that he is unable or unsuitable for the performance of his duties.
- In the event of the death, resignation or removal from office of a trustee, a new trustee shall be elected at a general meeting to fill the vacancy.
- The term of office of the trustees shall be four years, but they are eligible to remain provided that there is no objection from members or otherwise decided by the General Meeting of Members.
Rule 14 Term of Office
- The term of office of the office- bearers shall be two years, but they shall be eligible for re-election.
- No member however shall hold the office of the President and Hon. Treasurer for more than two consecutive terms (four years)
- At the swearing- in- ceremony, the out-going office bearers shall hand over the seal, documents etc. to the incoming office bearers. It shall be held not later than the month of March.
Rule 15 annual General Meeting
- An annual general meeting of the Association shall be held as soon as possible after the close of each financial year on a date and at a time and place to be decided by the Executive Committee but not later than the month of March each year. The business of the annual general meeting shall be:-
- To receive the Executive committee’s report on the working of the Association during the previous year
- To receive the Treasurer’s report and the audited accounts of the Association for the previous year;
- To elect an Executive Committee biennially and to appoint auditors for the ensuing year;
- To deal with such other matters as may be put before it.
- A preliminary notice of the annual general meeting stating the date, the time and the place, and calling for motions for discussion, motions for amendment of the rules and nominations for the biennial election of the Committee shall be sent by the Secretary to all members not later than 30 days before the date fixed for the meeting, and this notice shall also be prominently displayed at he registered office/ address or place of meeting of the Association
- Nominations of the biennial election of officers and motions for discussion at the meeting must be sent to reach Secretary not later than 14 days after the receipt of the preliminary notice.
- The Secretary shall send to all members at least 7 days before the meeting an agenda including copies of minutes and report, motions, names of officers, together with the audited accounts of the Association for the previous year. Copies of these documents will also be made available at the registered office/address or place of meeting of the Association for the perusal of members.
Rule 16 Extra- ordinary General Meeting
- an extraordinary general meeting of the association shall be convened:
- Whenever the Executive Committee deems it desirable, or
- At the joint request in writing of not less than twenty ordinary members, stating the objects and reasons for such meeting. All the twenty members must be present at the meeting or it shall be dissolved.
- An extraordinary general meeting requisitioned by members shall be convened for a date within thirty days of the receipt of such requisition.
- Notice and Agenda for an extraordinary general meeting shall be forwarded by the Secretary to all members at least fifteen days before the date fixed for the meeting.
Rule 17 Quorum & Postponement of General Meetings
- The quorum for any general meeting shall be at least twice the number to the Executive Committee members or one- half of the total voting 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 Executive Committee.
- Where no quorum is present at the subsequent date decided in accordance with paragraph (2) above,
- An annual general meeting shall proceed to business provided that such meeting shall not amend these rules or make decisions affecting the whole membership.
- An extraordinary general meeting requisitioned by members shall be cancelled and no extraordinary general meeting shall be requisitioned of the same purpose until after a lapse of six months from the date thereof.
Rule 18Executive Committee Meeting
- The Executive Committee shall meet quarterly and the president shall preside. Notice for the Executive Committee shall be issued seven (7) days before the date of meeting. Not less than half of the Executive Committee members shall form a quorum.
- At the Annual General Meeting of Members and at the Extraordinary General Meetings, a Chairman shall be elected among the members present to preside over the meeting if both the President and the Deputy President are absent.
Rule 19 Voting
Every resolution shall have a proposer and a seconder. When a resolution is put forward for voting, the decision shall be according to the majority of votes recorded. In the event of a an equality of votes, the Chairman of the meeting may exercise his casting vote or decide to refer to a select Committee appointed at the meeting. Decisions taken at the meeting shall be binding on all members, present or absent.
Rule 20 Election of Office Bearers
- The Executive Committee shall be elected biennially,
- The Executive Committee shall forward to all members at least one month before the expiration of the term of office of the office-bearers, a notice of the date of election, ballot papers and a list of members.
- An Annual General Meeting of members shall be convened after the issue of ballot papers to witness the counting of the ballot
- The 25 members, who received the largest number of votes shall be declared elected.
- In the event of an equality of votes, the members concerned shall draw lots to decide who shall be elected
- A meeting of the elected 25 members shall be convened within 10 days after election. They shall elect among themselves into the various posts to be held In the Executive Committee.
Rule 21Custody of Funds
- The cash in hand with the Hon. Treasurer shall not exceed RM500 ( Five Hundred Ringgit only). All excess of money of the Association shall be deposited into the bank in the name of the Association
- Only the President, the hon. Secretary and the Hon. Treasurer are authorized to operate the banking account on behalf of the Association.
- Any cheques for withdrawals from the bank shall be signed by the President and the Hon. Treasurer or the Hon. Secretary and shall be stamped with the Association’s official seal.
- No expenditure exceeding RM2000 (Two Thousand Ringgit only) shall be incurred at any time without the prior sanction of the Executive Committee and no expenditure exceeding RM5000 shall be incurred at any time without the prior sanction of a General Meeting.
Rule 22 Membership Card
- All members shall take proper care of their membership card
- Any member who approaches the Association for assistance or presents himself to claim any privileges shall produce his membership card to prove his identity.
- In the event of the loss of a membership card the member concerned shall inform the Association of the occurrence and a duplicated card shall then be issued to him at a charge of RM3 (Three Ringgit only).
- Any claim for privileges or request for assistance shall not be eligible to be a paid employee of the Association.
Rule 23 Paid Employees
Any member who holds any post in the Executive Committee and given a title by the
Association shall not be eligible to be a paid employee of the Association.
Rule 24 Prohibitions
- Members are not allowed to stay in the Association’s premises without the permission of the President or the Hon. Secretary
- Paid employees are allowed to stay in the Association’s premises with the approval of the Executive Committee
- The Association shall not indulge in any political activity or allow its funds and/or premises to be used for political purposes.
- Gambling, or opium, marijuana and heroin smoking are prohibited
- Bad characters are prohibited into the premises
- The funds of the Association shall not be used to pay the fines of the members who have been convicted in court.
Rule 25 Amendments of Rules
No alternation or addition to these rules shall be made except at the General Meeting, or Extraordinary Meeting of members and they shall not come into force without the prior approval of the Registrar of Societies.
Rule 26 Dissolution
- The Association shall not be dissolved, except with the consent of not less that 60% of its members obtained at a General Meeting or Extraordinary Meeting of Ordinary Members convened for the purpose.
- In the event of the Association being dissolved all debts and liabilities legally incurred shall be fully discharged and the disposal of the remaining funds shall be decided at a General Meeting of Members.
- Notice of Dissolution shall be given within seven days of the dissolution to the Registrar of Societies.
Rule 27 Interpretations of Rules
In the event of any question or matter arising out of any point which is not expressly provided for in the rules and regulations, the Executive Committee shall have the power to use their own discretion.
Rule 28 Special Provision
- All members of the Committee and every officer performing executive functions in the Association shall be Malaysian Citizens.
- The Association shall not have any affiliation or connection with any society established outside Malaysia.
- Any student of University or University Collage shall not be admitted as a member of the Association unless he has obtained prior written permission from the Vice-Chancellor of the university concerned.
- No benefits as defined under Section 2 of the Societies Act, 1966 shall be given by the Association to any of its members.
- Any person shall not hold office in the Association or become an adviser or employee of the Association if he is disqualified under Section 9A of the Societies Act (Amendment), 1981.
- The Association shall not carry out political activities or involve itself whether directly or indirectly with any political society or political party.