RULES AND CONSTITUTION OF PERTUBUHAN JANADAYA KOMUNITI SARAWAK
(Sarawak Society For Community Empowerment)
RULE 1 NAME
The name of the Society shall be known as PERTUBUHAN JANADAYA KOMUNITI SARAWAK (Sarawak Society For Community Empowerment) hereinafter referred to as the Society.
RULE 2 REGISTERED/POSTAL ADDRESS
(1) The registered address of the Society shall be AC420 LEVEL 4, BATU KAWAH NEW TOWNSHIP, JALAN BATU KAWA, 93250 KUCHING.
(2) The postal address of the Society shall be AC420 LEVEL 4, BATU KAWAH NEW TOWNSHIP, JALAN BATU KAWA, 93250 KUCHING.
(3) The registered address and postal address of the Society shall not be changed without the prior approval of the Registrar of Societies.
RULE 3 OBJECTS
The objects of the Society shall be:
(1) To provide a forum for community organizers and like-minded citizens to exchange ideas and experiences;
(2) To provide training in capacity building for individuals, families and communities through creative thinking with actions;
(3) To initiate and support programmes for the eradication of poverty;
(4) To support and empower communities working for peace and justice, indigenous and human rights, democracy and gender equality;
(5) To support programmes to provide basic amenities in promoting health and sanitation;
(6) To create awareness and undertake activities to promote the protection and conservation of the environment;
(7) To empower communities through information and communication technologies (ICT) to make meaningful contributions to positive social development;
(8) To accept from government, purchase, take on lease or in exchange or otherwise occupy or acquire any land or building for the attainment of the objectives of the Society; and
(9) Any other initiatives to enhance the progress, empowerment and holistic development of communities .
RULE 4 MEMBERSHIP QUALIFICATION
Any Malaysian above 18 years of age domicile in Sarawak may apply for membership.
RULE 5 TYPES OF MEMBERSHIP
Membership shall be divided into the following categories:
(1) Ordinary Member
Any person who is qualified for membership under Rule 4 may apply for admission as an Ordinary Member in accordance with the provision of Rule 6.
(2) Honorary Life Member
The Society may elect Ordinary Member(s) to be Honorary Life Member(s) as is considered to warrant his/their recognition for past services rendered to the Society provided that the number of Honorary Life Member shall not exceed ten at any one time.
RULE 6 APPLICATION FOR MEMBERSHIP
(1) Every application for membership shall be proposed and seconded by two existing members and shall be forwarded to the Secretary who shall, at the first convenient opportunity, submit it to the Committee for approval. The Committee may, at its discretion, reject any application without assigning any reason thereof.
(2) Every applicant whose application has been approved as aforesaid shall, upon payment of the prescribed entrance fee and first annual subscription, be admitted as an Ordinary Member of the Society and shall be entitled to all the privileges of membership.
RULE 7 MEMBERSHIP REGISTER
The Secretary shall keep a membership register containing the following particulars:-
(1) Serial No.;
(2) Date of Admission;
(3) Name;
(4) Date and Place of Birth;
(5) Identity Card Number;
(6) Nationality;
(7) Occupation and Office Address; and
(8) Home Address.
RULE 8 CHANGE OF ADDRESS
Each and every Member shall notify the Secretary of his change of address, failing which any letter, circular or notice sent to his last registered address shall be deemed to have been given to and received by such member for any purpose provided by these rules.
RULE 9 RESIGNATION
Any Member may resign his membership by giving to the Secretary, notice in writing to that effect. Every such notice shall, unless otherwise expressed, be deemed to take effect as from the first day of January next, following the receipt thereof.
RULE 10 EXPULSION OF MEMBERS
The Committee may, if at any time it shall be of the opinion that the interests of the Society so require, by letter invite any Member to withdraw from the Society within such time as is specified in such letter, and in default of such withdrawal to submit the question of his expulsion to an extraordinary general meeting 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 Members. It shall be the duty of the Secretary to inform the Member in question of the time and place of the meeting and of the nature of the complaints against him in sufficient time to afford him a proper opportunity of offering his explanation(s). At such meeting, the Member shall be allowed to offer any explanation of his conduct verbally or in writing, and thereupon, if two-thirds of the Members present shall vote for his expulsion, he shall cease to be a Member of the Society: Provided that at any such general meeting voting shall be by ballot if not less than five members present thereat shall so demand. It shall be at the power of the Committee to exclude such Member from the Society’s premises until such extraordinary general meeting is held as required above.
RULE 11 EFFECT OF CEASING TO BE A MEMBER
Any person shall, upon ceasing to be a Member of the Society, whether on account of resignation or expulsion, forfeit all rights to any claim upon the Society and its property and funds.
RULE 12 ENTRANCE FEE, SUBSCRIPTION AND OTHER DUES
(1) The entrance fee and subscription payable shall be as follows:
(a) Entrance fee ＿＿＿＿＿＿＿＿＿ RM10.00;
(b) Annual subscription ＿＿＿ RM10.00; and
(c) Life Membership ＿＿＿＿＿＿＿＿ RM100.00.
(2) All annual subscriptions shall be payable to the Treasurer in advance before 30th January each year.
(3) Any Member who allows his arrears to exceed one year’s subscription shall receive a written notification signed by or on behalf of the Secretary and shall be denied the privileges of membership until he settles his account.
(4) Any Member who allows his arrears to exceed three years’ subscription shall automatically cease to be a Member of the Society, and the Committee may direct that legal action be taken against him, provided that it is satisfied that he has received due notice of his debts.
(5) The Committee shall have the power to fix a re-entrance fee for any person who has allowed his membership to lapse through arrears.
(6) Special subscriptions or levies for particular purposes may be raised from Members by resolution of the annual general meeting of the Society. 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 13 ANNUAL GENERAL MEETING
(1) An annual general meeting of the Society 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 Committee but not later than 31st of March. The business of the annual general meeting shall be:
(a) To receive the Committee’s report on the working of the Society during the previous year;
(b) To receive the Treasurer’s report and the audited accounts of the Society for the previous year;
(c) To elect a Committee and to appoint auditor(s) for the ensuing year; and
(d) To deal with such other matters as may be presented before it.
(2) A preliminary notice of the annual general meeting stating the date, time and place, and calling for motions for discussion, and calling for motions for amendment of the rules shall be sent by the Secretary to all members not later than 21 days before the date fixed for the meeting; and this notice shall also be prominently displayed at the registered office/address of the Society.
(3) Motions for discussion at the meeting must be sent to reach the Secretary not later than 14 days from the date of the preliminary notice.
(4) The Secretary shall send to all Members at least 21 days before the meeting an agenda including copies of minutes and reports, motions and the audited accounts of the Society for the previous year. Copies of these documents will also be made available at the registered office/address of the Society for the perusal of all Members.
RULE 14 EXTRAORDINARY GENERAL MEETING
(1) An extraordinary general meeting of the Society shall be convened:
(a) whenever the Committee deems it desirable;
(b) at the joint request in writing of not less than twenty Members, stating the objects and reasons for such meeting.
(2) An extraordinary general meeting requisitioned by Members shall be convened on a date within thirty days of the receipt of such requisition.
(3) Notice and agenda for an extraordinary general meeting shall be forwarded by the Secretary to all Members at least fifteen days before the day fixed for the meeting.
RULE 15 QUORUM AND POSTPONEMENT OF GENERAL MEETINGS
(1) The quorum for any general meeting shall be at least twice the number of the Committee Members or one-half of the total voting membership, whichever is the lesser.
(2) In the absence of a quorum, the meeting shall be postponed to a later date to be decided by the Committee.
(3) Where no quorum is sufficient at the subsequent date decided in accordance with paragraph (2) above:
(a) An annual general meeting shall proceed to business provided that such meeting shall not amend these rules or make decisions affecting the whole membership.
(b) An extraordinary general meeting requisitioned by Members shall be cancelled and no extraordinary general meeting shall be requisitioned for the same purpose until after a lapse of six months from the date thereof.
RULE 16 COMMITTEE
(1) (a) A Committee comprising the following who shall be termed the office-bearers of the Society, shall be elected at the annual general meeting:
A President;
A Deputy President;
A Secretary;
An Assistant Secretary;
A Treasurer;
An Assistant Treasurer; and
Three Ordinary Committee Members
(b) All members of the Committee and every officer performing executive functions in the Society shall be Malaysian citizens.
(2) Names for the above offices shall be proposed and seconded and election will be by a simple majority vote of the voting Members at the annual general meeting. All these office-bearers shall be eligible for re-election.
(3) The function of the Committee is to organize and supervise the day-to-day activities of the Society and to make decisions on matters affecting its running within the general policy laid down by the annual general meeting. The Committee may not act contrary to the expressed wishes of the annual general meeting without prior reference to it and shall always remain subordinate to the annual general meeting. It shall furnish a report to each annual general meeting on its activities during the previous year.
(4) The Committee shall meet at least once every three months, and seven days’ notice of each meeting shall be given to the Committee Members. The Chairman acting alone, or not less than three of its Committee Members acting together may call for a meeting of the Committee to be held at any time. At least one half of the Committee Members must be present for its proceedings to be valid and to constitute a quorum.
(5) Any Member of the Committee who fails to attend three consecutive meetings of the Committee without satisfactory explanation shall be deemed to have resigned from the Committee.
(6) In the event of the death or resignation of a Member of the Committee, the Committee shall have the power to co-opt any other Member of the Society to fill the vacancy until the next annual general meeting.
(7) The Committee shall give instructions to the Secretary and other officers for the conduct of the affairs of the Society. It may appoint any such organizer(s) and staff as it deems necessary. It may suspend or dismiss any organizer or member of staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Committee, or for any other reason which it deems good and sufficient in the interest of the Society.
(8) Except where they are contrary to or inconsistent with the policy previously laid down by the general meeting the decisions of the Committee shall be binding on all Members of the Society unless and until countermanded by a resolution of a general meeting.
RULE 17 DUTIES OF OFFICE-BEARERS
(1) The President shall, during his term of office preside at all general meetings and all meetings of the Committee, and shall be responsible for the proper conduct of all such meetings. He shall have the casting vote and shall sign the minutes of each meeting at the time they are approved.
(2) The Deputy President shall deputise for the President during the latter’s absence.
(3) The Secretary shall conduct the business of the Society in accordance with its rules, and shall carry out the instructions of the general meeting and of the Committee. He shall be responsible for conducting all correspondence and keeping all books, documents and papers except the accounts and financial records. He shall attend all meetings and record the proceedings.
(4) The Assistant Secretary shall assist the Secretary in carrying out his duties and shall act for him in his absence.
(5) The Treasurer shall be responsible for the finances of the Society. He shall keep accounts of all its financial transactions and shall be responsible for their correctness.
(6) The Assistant Treasurer shall assist the Treasurer in carrying out his duties and shall act for him in his absence.
(7) The Ordinary Committee Members shall assist in the activities as decided by the Committee.
RULE 18 FINANCIAL PROVISIONS
(1) The financial year of the Society shall commence on 1st January annually.
(2) The incomes and property of the Society and profits derived from participation in any business or investment shall be applied solely towards the furtherance, promotion and execution of the objects of the Society and no portion thereof shall be paid or transferred directly or indirectly by way of dividend or bonus or otherwise to the person(s) who at any time are or have been Members of the Society or to any person claiming through them. But nothing herein contained shall prevent the payment in good faith of remuneration to any office-bearers or servants of the Society or to any member thereof or any other person in return for any services actually rendered to the Society.
(3) The Treasurer may hold a petty cash advance not exceeding RM 500.00 (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 Committee. The bank account shall be in the name of the Society.
(4) All cheques or withdrawal notices on the Society’s account shall be signed jointly by the President (or in his absence the Deputy President), the Secretary and the Treasurer. In the absence of the Secretary or the Treasurer, the Committee shall appoint one of its Members to sign in his place.
(5) No expenditure exceeding RM1000.00 (One Thousand Ringgit) at any one time shall be incurred without the prior sanction of the Committee, and no expenditure exceeding RM10,000.00 (Ten Thousand Ringgit) at any one time shall be incurred without the prior sanction of a general meeting.
(6) 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 Auditor(s) appointed under rule 19. The audited accounts shall be submitted for the approval at the next annual general meeting, and copies shall be made available at the registered office/address of the Society for the perusal of Members.
RULE 19 AUDIT
(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 one year only and shall not be re-appointed.
(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 Society for any period within his/their tenure of office at any date, and to make the report to the Committee.
RULE 20 APPOINTMENT OF OFFICERS UNDER SECTION 9(b) OF THE SOCIETIES ACT, 1966
(1) Three officers who must be office-bearers and over 21 years of age shall be appointed at the annual general meeting for the purpose of Section 9(b) of the Societies Act, 1966.
(2) They shall hold office until their term expires at the next annual general meeting and shall be eligible for re-election.
(3) The officers appointed under this rule shall deal with the immovable property of the society in such manner as the general meeting may direct provided that all immovable properties shall be registered in the name of the Society.
(4) The officers shall not sell, withdraw or transfer any of the properties of the Society without the consent and authority of a general meeting.
(5) An officer may be removed from office by a general meeting on the grounds that, owing to ill health, unsoundness of mind, absence from the country or for any reason, he is unable to perform his duties or unable to do so satisfactorily. In the event of the death, resignation or removal of an officer before the annual general meeting, the vacancy shall be filled by an extraordinary general meeting convened for the purpose.
RULE 21 BY-LAWS
The Committee may make, repeal and alter by-laws which are inconsistent with these rules. All by-laws or rescissions and alterations thereof shall be posted on the notice board in the Society’s premises for a fortnight, during which time any twenty Members may, by notice in writing to the Secretary, require the opinion of an extraordinary general meeting to be taken thereof. If no such notice is given, the by-laws or rescissions or alterations thereof shall become binding on all Members.
RULE 22 SUB-COMMITTEES
The Committee shall have the power to appoint sub-committees for the furtherance of the objects of the Society as it may deem fit and to delegate to sub-committees all or any of the powers so delegated and revoke all such appointments. Any sub-committees 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 Committee.
RULE 23 DAMAGES/REMOVAL OF PROPERTY
(1) Any Member of the Society breaking or damaging any article or property of the Society shall pay the cost of repairing or replacing it, if he is called upon to do so by the Committee.
(2) No books, periodicals, newspapers or any other property of the Society shall be removed from the Society without the prior consent of the Committee.
RULE 24 INJURIES TO MEMBERS
The Society shall not be liable in respect of the death of, or any injury sustained by any Member or his guests arising in any way whatsoever from his membership of the Society or from his use or enjoyment of the Society, its amenities, privileges and facilities or other, however arising.
RULE 25 GUESTS
(1) Any Member shall have the privilege of introducing to the Society premises his friends and relatives as guests.
(2) Members shall be responsible for the conduct and behaviour of their guests and for all expenses incurred on behalf of their guests or for any breakage or damage caused by their guests to the property of the Society.
RULE 26 PATRONS/ADVISORS
Patrons/Advisors may be elected at a general meeting on the proposal of the Committee.
RULE 27 ANNUAL RETURN
The Secretary shall forward to the Registrar of Societies an annual return in the prescribed forms as required under Section 14(1) of the Societies Act, 1966.
RULE 28 SPECIAL PROVISIONS
(1) No benefit as defined under Section 2 of the Societies Act, 1966 shall be given by the Society to any of its Members.
(2) Any person shall not hold office in the Society or become an advisor or employee of the Society if he is disqualified under Section 9A of the Societies Act, 1966.
(3) Neither the Society nor its Members shall engage or try to engage in any trade union activities as defined in the Trade Union Act, 1959.
(4) No gambling or any other illegal activities shall be carried out in the premises of the Society.
RULE 29 INTERPRETATION OF RULES
Between annual general meetings, the Committee shall interpret the rules of the Society and, when necessary, determine any point on which the rules are silent.
RULE 30 AMENDMENT OF RULES
These rules may not be altered or amended except by resolution of a general meeting. Such alterations or amendments shall take effect from the date of their approval by the Registrar of Societies.
RULE 31 DISSOLUTION
(1) The Society may be voluntarily dissolved by a resolution of not less than three-fifths of the total voting membership at a general meeting convened for the purpose.
(2) In the event of the Society being dissolved as provided above, all debts and liabilities legally incurred on its behalf, shall be fully discharged and the remaining fund disposed off in such manner as may be decided upon by general meeting.
(3) Notice of dissolution shall be given to the Registrar of Societies within 14 days of such dissolution.
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