Rules & Constitution

NAME

The association shall be known as "PERSATUAN KWONG WEI SIEW LABUAN" ,Hereinafter referred to as 'the Association'
Meaning of name :
Level : Negeri

ADDRESS

1.The registered address is

1ST FLOOR,LOT F5,SAGUKING WAREHOUSE, OFF JALAN PATAU PATAU,

POST OFFICE BOX NO.261,

87008 LABUAN

WILAYAH PERSEKUTUAN LABUAN

or at such other place as may from time be decided by the committee; and the postal address is

P.O.BOX NO261,

87008 LABUAN

WILAYAH PERSEKUTUAN LABUAN

2. The registered and postal address shall not be changed without the prior approval of the Registrar of Societies.

OBJECTIVE

The objects of the Association are:

To promote unity and closer relationship among its members;
To foster a spirit of mutual assistance and cooperation among its members;
To assist the members in coping with the local environments and the necessity of community in a endeavor to uphold social welfare and loyalty to Government;
To carry out cultural ,educational and social welfare activities; and
To manage the Heap Tien Kung Altar.

MEMBERSHIP

4.1 MEMBERSHIP

4.1.1 Any Chinese resident who belongs to the race of Kwong-Zhou ,Wei-Zhou and Siew-hing districts of the Guangdong Province in China and residing in Wilayah Persekutuan Labuan, of good character and possessing proper occupation, who is above he age of sixteen(16), are eligible for membership upon his or her completing a proper application form to be approved by the management Committee. Upon approval, the application becomes a Member on payment of the Entrance and Membership Fees. A membership card will be issued to him or her by the Association.

4.1.2 Children and wives of members, though not belonging to the above mentioned races/district, may apply to become an associate member by abiding to the procedure applicable to membership as mentioned in Clause 4.1.1.

4.1.3 Anyone who have attained the age of fifty(50) year before joining the Association will have to apply as Life Member in accordance with Clause 4.3.1, 4.3.2, 4.3.3 and 4.3.4 otherwise he or she will not be accepted as a member.

4.1.4 Members who attained 65 years old will be converted into life Members upon approval of the Management Committee. (Subject to guidelines approved by the committee.)

4.2 PRIVILESGES AND OBLIGATIONS OF MEMBERS

4.2.1 Privileges of a Member are as follows:

Shall be entitled to attend General Meetings of the Association, and has the right to speak, to make motions, suggestion, decisions and propose impeachment in such meetings and be entitled to vote and be eligible to stand for an election of the management Committee or as Trustee of Association provided that he is not being disqualified under Clause 8.7 and 12.
Should there be disputes arising among members, the member concerned may approach the Association for mediation.
Entitle to enjoy all the amenities of the Association after becoming a member of the Association for (3)months.

4.2.2 Members shall give such obligations to the Association as to abide by the Association's Constitution and the Associations' Resolutions and to pay subscriptions as membership fees.

4.3 LIFE MEMBERSHIPS

4.3.1 Member who has donated at one time the sum of Ringgit Malaysia Three Hundred (RM300) to the Association or has done substantial service to the Association may become a Life Members.

4.3.2 A member who has been a Management Member for a minimum of five terms and has done good and substantial services to the Association may become an Honorable Life Committee Member through the recommendation of the Management Committee for members' approval in a General Meeting.

4.3.3 A member who has been a Management Committee Member for a minimum of five terms and during the same period has been elected as President, Deputy President or Vice-President for a minimum of three terms and at the same time has performed exceptionally good services to the Association may become Honorable Life Presidents through the recommendation of the Management Committee for members' approval in a General Meeting.

4.3.4 Honorable Life Presidents, Honorable Life Committee Members and Life Members are exempt from payment of annual subscription of the Association.

REGISNATION AND TERMINATION

5.1 Members who have violated the Association's Constitution or its various resolution or have done illegal things which are detrimental to the Association's affairs and reputation maybe warned by the Management Committee Following investigations. And if the misbehaviors are serious. Such members may have their privileges suspended or be expelled(be deprived of their right fir membership).

5.2 If member's subscription are in arrears for two years and no payment is made even afetr being reminded the Management Committee to pay such fees in writing ,the membership will be suspended.

5.3 A member whose membership has been suspended due to the above Clause 5.2 can re-apply for membership.

5.4 In the event a member intends to resign from the Association, the member concerned shall give the Association one month's notice in writing. The request in this respect will have to be passed by the management Committee before it takes effect, upon which all privileges enjoyed by members will no longer be enjoyed by such members.

5.5 Members who have resigned from the Association membership their own accord or who have been deprived of their membership temporarily or expelled from the Association shall have to return their Membership Card (which have been issued to them by the Association); all payments previously for funds, annual subscription and special donations by such members shall not be returned to them whilst they still have to make payments for subscription and donations in arrears to Association.

SOURCE OF INCOME

6.1 The finance of the Association shall consists of Funds received from members' Entrance Fees, Member's Annual Subscription , Special Donation, and Immovable properties of the Association.

6.2 The entrance fee for every new member shall be Ringgit Malaysia Thirty (RM30) which sum together with two (2) copies of passport-size photograph, photocopy of identity card or birth certificate and the membership application form shall be sucmitted to the Management Committee upon application for membership.

6.3 The Annual Subscription shall be Ringgit Malaysia Twenty (RM20) which sum shall be due and payable by 31st March of each financial year.

6.4 If there is a necessity, the Management Committee shall raise money by special subscription from members.

GENERAL MEETING

7.1 An Annual General Meeting shall be convened before 31st day of May in each calendar year. An Extraordinary General Meeting of Association shall be convened:

Whenever the Management Committee deems it desirable; or
At the joint request in writing of not less than one third of the total membership of the Association, stating the objects and reasons for such meting.

7.2 The management committee shall hold at least one meeting within two months time. In the events of fifty percent of the total number of the Committee Members requesting the holding of such a meeting or at the request or at the request of the President, an extraordinary Committee may be convened.

7.3 At least one sixth of the total membership of the Association or forty-six (46)members of the Association whichever is less, must be present at an Annual General Meeting for its proceedings to be valid and to constitute a quorum. If a quorum is not present, the meeting shall be postponed to a date not exceeding fourteen (14) days to be decided by the Management Committee, and if quorum is not present at the postponed meeting, the members present shall have power to proceed with the business of the day but they shall not have power to alter the Constitution of the Association or make decisions affecting the whole membership. Rule regarding quorum and the postponed of an Annual General Meeting shall apply also to an Extraordinary General Meeting.

7.4 At least twelve (12) Committee members must be present at a Committee Meeting for its proceedings to be valid and to constitute a quorum.

7.5 The Auditor may attend the Management Committee provided he has report to make to the Committee or provided his presence is requested by the President.

7.6 To call a General Meeting, a circular in this regard shall be issued to all Members two weeks prior to the date of the Meeting, and to call a Committee Meeting, a circular to all Committee Members one week prior to the date of the Committee Meeting.

COMMITTEE

8.1 MANAGEMENT COMMITTEE

8.1.1 The Management Committee of the Association shall consist of the followings twenty three(23)Committee Members :

A President;

A Deputy President;

A Vice President;

A Secretary General;

A Treasurer;

An Assistant Treasurer;

A General Affairs Officers;

A Social Welfare Officer;

An Assistant Social Welfare Officer;

A General Affairs Officer;

A Social Welfare Officer;

An Assistant Social Welfare Officer;

An Entertainment Officer;

An Assistant Entertainment Officer;

A ladies Affairs Officer;

An Assistant Ladies Affairs Officer;

A Youth Affairs Officer;

A Assistant Youth Affairs Officer;

A Bahasa Malaysia Secretary;

An English Language Secretary;

And Six (6) Ordinary Committee Members.

8.1.2 The Bahasa Malaysia Secretary and the English Language Secretary shall be appointed by the President.

8.1.3 Names for the election of the remaining twenty-one (21) Committee Members shall first be proposed and seconded and the election of these Committee Members will be by a majority vote of the members at the General Meeting.

8.1.4 The General Meetings may by resolutions appoint Honorable President, Honorable Advisors, Honorable Committee Members and Honorable members. Advisors may be appointed by the Management Committee.

8.2 SUPEPRVISORY COMMITTEE 8.2.1 The Supervisory Committee shall consist of a Chairman and two (2) supervisors. It shall be elected from among the members at the Annual General Meeting in the year when the election shall be held.

8.2.2 The tenure of office of the Supervisory Committee shall be co-existent with that of the Management Committee.

8.2.3 The Supervisory Committee shall be accountable to the general meeting only. It does not come under the Management Committee.

8.2.4 The twenty-one (21)elected committee Members shall elect among themselves to sit on the various offices (with the exception of the Bahasa Malaysia Secretary and the English Language Secretary) as mentioned in Clause 8.1.1.

8.2.5 The office-bearers of the Association and every officer performing executive functions in the Association shall be Malaysian Citizens.

8.3 The organization of the Association and its Management Committee is indicated in the following chart: ~ Please refer to end of this Page for the Chart ~

8.4 The supreme authority of the Association is vested in the general meeting of the members, which is empowered as under:-

(a) To confirm minutes of the previous general meeting.

(b) To approve financial budgets submitted by the management committee and to consider and adopt the audited accounts for the previous year.

(d) To elect and to terminate Management Committee members, if applicable.

(e) To appoint an auditor who shall not be a member of Management Committee, if applicable.

(f) To elect three (3) Trustees, if applicable. The candidate must have served a minimum of two terms as committee members.

(g) To transact any other business of which due notice has been given.

8.5 Powers of the Supervisory Committee are as under:

(a) To supervise the work of the Association and the Management Committee, and to call for and submit report to the joint meeting of the Supervisory Committee and the Management Committee if there is any breach of duty by the Management Committee and any office-bearers.

(b) Examine the work report of the Management Committee and the contents shall include: (i) Inspection of the financial position of the Association

(ii)Due performance of duties by the office-bearers of the Association and implementation of the Constitution of the Association and the resolutions of the general meeting by members;

(c) Responsible for arbitration and mediation of disputes among members. To report any other important matters which the Supervisory Committee deem it necessary to the general meeting.

8.6 Powers of the Management Committee are as under:

(a) To implement resolutions of the General Meeting.

(b) To manage all the Affairs of the Association;

(d) To revise or amend various rules of awards and such details and to approve and implement them;

(e) To bring about special or sub-committee;

(f) To engage or dismiss workers paid by the Association; and

(g) To instruct Trustees in the dealings of the Association's immovable properties.

8.7 The following types of members shall be disqualified to stand for election as members of the Management Committee:

(a) Supervisory Committee;

(b) Age under eighteen (18);

(d) Being an undercharged bankrupt;

(e) Receiving an allowance or salary from the Association;

(f) Of improper occupation or having been convicted legally in the court of law;

(g) Being admitted as member of the Association for less than one (1) year;

(h) Having decided to leave Wilayah Persekutuan Labuan on a permanent basis;

(i) Having failed to abide by clause 4.2.2;

(j) Non Malaysian Citizens;

(k) Being an associate member of the Association; or

(l) Being disqualified under Clause 8.8.

8.7.1 The following types of members shall be disqualified to stand for election as members of the Supervisory Committee:

(a) A member of the Management Committee of the Association.

(b) Age under Thirty-One (31) and over One Hundred(100).

(c) If the Members have not served a minimum of Five (5) terms in a Management Committees, and out of these 5 terms, 2 terms must be holding posts of either President, Deputy President, Vice President, Secretary and Treasurer.

(d) Of unsound mind or insane.

(e) Being an undischarged bankrupt.

(f) Receiving an allowance or salary from the Association.

(g) Legally convicted in the Court of Law.

(h) Having decided to leave Wilayah Persekutuan Labuan on a permanent basis.

(i) Non Malaysian Citizens.

(j) Being an associate member of the Association.

(k) Being disqualified under Clause 8.8.

8.8 A member of the Association who is an office bearer or is holding the office of supervisors committee member,trustee or officer or any such similar position by whatever name called (and includes a person in accordance with whose directions or instructions the office bearer of a society, an association or an organization are accustomed to the act) in another society, association or organization in Labuan which has similar aims and objects as the Association and also concurrently admitas its members persons who belong to the race of Kwong-zhou, Wei-zhou and Siew-hing Districts of the Guangdong Province in China, shall be disqualified to hold any such similar offices in the Association.

DUTIES OF OFFICER BEARERS

9.1 The President shall have the following duties:

(a) To be the legal individual-representative of the Association and represent the Association in all external affairs;

(b) To call and preside at all general meetings and all meetings of the Management
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 and to ensure that all resolutions are carried out;

(d) To sign all documents and announcements of the Association and to countersign cheques of the Association with the Treasurer or Secretary-General;

(e) To manage all urgent matters and to authorize and approve expenditures below Ringgit Malaysia Five Thousand (RM5,000).

9.2 The Deputy President shall have the following duties:

(a) To coordinate and assist the President in carrying out various Association affairs; and

(b) To act on behalf of the president when the President is absent or has resigned from his post, or is on casual leave or is absent for other reasons.

9.3 The Vice-President shall have the following duties:

(a) To coordinate and assist the Deputy President in carrying out various Association affairs; and

(b) To act on behalf of the Deputy President when the Deputy President is absent or has resigned from his post, or is on casual leave or is absent for other reasons.

9.4 The Secretary-General shall have the following duties:

(a) To manage the affairs of the Association on instructions of the President or in his absence the Deputy President or Vice-President;

(b) To call meetings and to prepare Agenda for the meeting as may be directed by the President;

(c) To deal with and handle all correspondences of the Association and if agreed to by the President to sign such correspondences and when necessary, to countersign, together with the Treasurer, Association's cheques;

(d) To prepare reports on affairs of the Associations and to supervise the staff paid by the Association and other workers doing work for the Association;

(e) To prepare minutes of meetings and to keep the Association's records and important documents in custody;

(f) To look after the recruiting of new members in accordance with Clause 4 and to maintain a proper membership register of the members.

9.5 The Bahasa Malaysia Secretary shall have the following duties:

(a) To assist the Secretary-General in recording minutes in any meeting of the Association when necessary;

(b) Deal with all correspondence in Bahasa Malaysia;

(d) To assist the Secretary-General in his duties.

9.6 The English Secretary shall have the following duties:

(a) To assist the Secretary-General in recording minutes in any meeting of the Association when necessary; (b) Deal with all correspondence in English; (c) Translate documents to and from English; and
8
(d) To assist the Secretary-General in his duties.

9.7 The Treasurer shall have the following duties:
(a)To keep in custody all important documents, agreements, contracts, and title deeds of the properties of the Association;

(b) To be responsible for the finances of the Association and shall keep accounts of all its financial transactions and shall be responsible for the preparation of the annual financial statements and their correctness. He shall also prepare and submit any budget to the Management Committee and General Meetings; and

(c) To countersign cheques of the Association in conjunction with the President or the Secretary-General. He may hold a petty cash in the hand not exceeding Ringgit Malaysia Five Thousand (RM5,000). All money in excess of this sum shall within seven days of receipt be deposited in a bank account of the Association.

9.8 The Assistant Treasurer shall assist the Treasurer in carrying out his duties and to act for him in his absence but shall not be authorized to sign any cheques on his behalf.

9.9 The General Affairs Officer shall manage all miscellaneous matters in accordance with resolutions of the Management Committee.

9.10 The Social Welfare Officer shall carry out resolutions of the Management Committee pertaining to social welfare matters.

9.11 The Assistant Social Welfare Officer shall assist the Social Welfare Officer in all matters related to social welfare and to act for him in his absence.

9.12 The Entertainment Officer shall carry out resolutions of the Management Committee pertaining to entertainment matters.

9.13 The Assistant Entertainment Officer shall assist the Entertainment Officer in all matters related to entertainment and to act for him in his absence.

9.14 The Ladies Affairs Officer shall carry out resolutions of the Management Committee pertaining to Ladies' affairs.

9.15 The Assistant ladies Affairs Officer shall assist the Ladies Affairs Officer in carrying out her duties and to act for her in her absence.

9.16 The Youth Affairs Officers shall be responsible for affairs relating to the youth members of the Association and shall carry out his duties in accordance with the directions, intentions and resolutions of the Management Committee.

9.17 The Assistant Youth Affairs officer shall assist the Youth Affairs Officer in carrying out his duties and shall act for him in his absence.

9.18 The six (6) ordinary management Committee Members shall attend management Committee meetings and shall be responsible for matters of general nature not otherwise assigned to any of the above office-bearers. When a casual vacancy exists in any of the above office, the Management Committee shall elect one of these ordinary Committee Members to fill the casual vacancy.

9.19 The term of the office for the Guangdong Cemetery Affairs Sub-Committee and the Heap Tien Kung Altar Sub-Committee is the same as that of the Management Committee. The Guangdong Cemetery Affairs Sub-Committee shall coordinate with Hainan Association and Teo Chew Association both of Wilayah Persekutuan Labuan in the running of cemetery affairs. The Heap Tien Kung Altar Sub-Committee shall be responsible for the running and administering of the affairs of Heap Tien Kung Altar and to keep and maintain the altar in good and proper condition.

9.20 The duties of the Special or Sub-committee are to carry out special missions decided upon by the management Committee.

9.21 Duties of the three Trustees are to sign title deeds and relevant documents on behalf of the Association, but the signing must first of all have the approval of the General Meeting. A trustee will be removed from his office and replaced as a result of resolutions of the General Meeting if he subsequently becomes disqualified under Clause 12 or if he has passed away.

9.22 The Auditor shall be required to audit the accounts of the Association during his term of office and make a report to the General Meeting if fraud, misappropriation of funds, corruption and any contravention of Constitution or members' resolutions by the Management Committee are discovered. He may also be required by the President to audit the accounts of the Association for any period within his tenure of office ant any date. He shall be held personally responsible if he willfully or intentionally conceals any material facts without reporting to the General Meeting. He shall be required to attend every General Meeting during his term of

9.23 The General Affairs Officer, the Social Affairs Officer, the Entertainment Officer, the Ladies Affairs Officer and the Youth Affairs Officer may co-opt members of the Association to form their respective Sub-Committees.

9.24 The Management Committee are authorized to employ salaried assistants and other staff. The Management Committee will decide the number of assistants and staff employed and authorize the President to engage accordingly.

9.25 The tenure of office of the management Committee in two (2)years. Committee Members may be reelected except for the President and Treasurer who shall not hold office for more than five (5) terms. The Auditor shall hold office for one term only and shall not be reelected. If vacancy exists in the Management Committee, such vacancy shall be filled by the candidate who received the next highest number of votes at the previous election to the Management Committee. If no such candidate exists, then the Management Committee shall appoint one of the members of the Association to fill such vacancy.

9.26 Any member of the Management Committee who fails to attend three (3) consecutive meetings of the Management Committee without satisfactory written explanation shall be deemed to have resigned from the Management Committee. Such vacancy shall be filled in accordance with Clause 9.18 and 9.25.

9.27 The Supervisory Committee shall convene at least one meeting in each six months. The written notice of the meeting shall be issued 10 days before the meeting.

9.28 The Supervisory Committee shall formulate its own regulations and bylaws for the conduct of the affairs of the Supervisory Committee

9.29 If vacancy exists in the Supervisory Committee, the Management Committee shall appoint one of the members of the Association to fill such vacancy.

9.30 The Management Committee shall formulate its own regulations and bylaws for the conduct of the affairs of the Association, the Management Committee and other Sub-Committee in accordance with the provisions of the Constitution of the Association.

FINANCIAL PROVISION

10.1 No expenditure exceeding Ringgit Malaysia Five Thousand (RM 5,000) at any one time shall be incurred without the prior sanction of the Management Committee and no expenditure exceeding Ringgit Malaysia Twenty Thousand (RM20,000) at any one time shall be incurred without the prior sanction of a General Meeting.

10.2 The audited financial statement of the Association shall be made available at the registered address or place of meeting of the Association for the perusal of the members and shall be submitted for approval at the next Annual General Meeting.

AUDITOR

The financial year of the Association shall be from the first day of January to the thirty-first say of December of the same year. The management Committee shall have the authority to appoint qualified accountants (or firms of accountants) to carry out an audit of the Association's accounts and to deal with the association's taxation matters.

PROPERTY ADMINSTRATOR

There is no fixed term for the office of the trustee. However, the following type of
members is disqualified to stand for election as Trustees of the Association:

(a) Age under twenty-one (21) and over sixty five (65).

(b) Of unsound mind of insane.

(d) Receiving an allowance or salary from the Association.

(e) Of improper occupation or having been convicted legally in the court of law.

(f) Non Malaysian citizens.

(g) Having decided to leave Wilayah Persekutuan Labuan on a permanent basis.

(h) Not being a life member of the Association.

(i) Being an associate member of the Associations;

(j) Being disqualified under Clause 8.8; or

(k) If the members have not served a minimum of two terms as committee members.

INTERPRETATION

13.1 Between General Meetings the Management Committee shall interpret the Constitution of the Association and, when necessary, determine any point on which the Constitution is silent.

13.2 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 members of the Association unless or until countermanded by a resolution of a General Meeting.

ADVISOR/PATRON

Not Applicable

PROHIBITION

15.1 None of the following games shall be played in the premises of the Association: Roulette, Lotto, Fan-Tan, Poh, Pen Bin, Belangkai, Pai Kau, Tau Ngau, Tien Kow, Chap Ji Kee, Sam Cheong, Twenty-one, Thrity-One, Ten and a half, all games of dice, bankers' games, video games and all games of mere chance.

15.2 Neither the Association nor its members shall attempt to restrict or in any other manner interfere with the trade or prices or engage in any Trade Union activities as defined in the Trade Union Act 1959.

15.3 The Association shall not hold any lottery, whether confined to its members or not, in the name of the Association or its office-bearers, Management Committee or member.

15.4 The Association shall not pay out any benefits as defined under Section 2 of the Societies Act 1966 to any of its members.

AMENDMENT OF CONSTITUTION

The Constitution of the Association shall 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.

DISSOLUTION

17.1 The Association may voluntarily dissolved by a resolution of not less than three quarter of the total number of members' at a General Meeting specifically convened for the purpose.

17.2 In the event 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.

17.3 The Registrar of Societies shall be informed of the dissolution of the Association within 14 days from the date of its dissolution.

FLAG, LOGO AND BADGE

1. Flag - Description

2. Logo
Description 18.1 MEANING OF LOGO COLOUR

18.1.1 Red - To promote unity and closer relationship among its members.
18.1.2 Yellow - To foster a spirit of mutual assistance and cooperation among its members.
18.1.3 Blue - To assist the members in coping with the local environments and necessity of community in an endeavor to uphold social welfare and loyalty to Government.

18.2 OBJECTS
18.2.1 Big Yellow Ring - To carry out cultural, educational and social welfare activities and to manage the Hep Tien Kung Altar.
18.2.2 Three Rings This - represents Kwong Zhou, Hui Zhou and Siew Hing district.
18.3 Association's Name - The association's name stated in the Logo in Chinese ("Na Min Guang Hui Zhao Hui Guan") and BM ("Persatuan Kwong Wei Siew Labuan").
3. Badge - Description