PERSATUAN KEDAI BARANG-BARANG RUNCIT PERAK
CLAUSE 1 NAME
1. The Association shall be known as PERSATUAN KEDAI BARANG-BARANG RUNCIT PERAK
Hereinafter referred to as "the Association".
2. Meaning of name :
3. Level : Negeri
CLAUSE 2 ADDRESS
1. The registered address is
NO. 40, JALAN YANG KALSOM,
30250 IPOH
PERAK
or at such other place as may from time to time be decided by the Committee; and
the postal address is
NO. 40, JALAN YANG KALSOM,
30250 IPOH
PERAK
2. The registered and postal addresses shall not be changed without the prior approval of the Registrar of Societies.
CLAUSE 3 OBJECTIVE
(3.1) To promote close friendship amongst the members.
(3.2) To exchange general knowledge.
(3.3) To render mutual assistance to its business associates.
(3.4) To render help in philanthropic work.
(3.5) To act as arbitrator for the members when there is any dispute or misunderstanding arising among them and to act so only on receiving a request from both the parties concerned.
(3.6) To promote a good relationship with other Assocations which have the same objects as ours to the benefit and betterment of the Nation.
(3.7) To foster goodwill and promote better understanding amongst people of all races.
(3.8) To promote physical and literary culture and education.
(3.9) To promote Chinese art of self-defence for the benefit of members.
(3.10) Within legitimate and constitutional means to express opinions and make representations to the Government with a view to infuencing its policies so as to benefit the livelihood of the people as well as the country.
CLAUSE 4 MEMBERSHIP
(4.1)MEMBERSHIP
(4.1.1)Firm member:Any sundry shop owner in the State of Perak, of good character,who is willing to obey the Rules of the Guild, shall be eligible to become an individual member, provided he is recommended by a member and
supported by another. The Guild only accepts an individual member as a firm or a company which is registered with the Registrar of business. Each firm or company which is a member of the Guild shall appoint or authorise ONE(1)person only to represent its firm or company. The person whom the firm or company appoints can be either the employee or the proprietor as it so wishes, as its representative.
(4.1.2)The Guild will not accept any individual (employer or employee) from the various firms or companies as so to comply with the name of the Guild. The existing individual ordinary or life members who are employers or employees of sundry shops and who are admitted as members before the coming into force of these new rules will not be affected. They will continue to be members of the Guild.
(4.1.3)Life Members:Any sundry shop owner who pays RM500.00 as Entrance fee after his application for membership has been approved, shall become a Life Member of the Guild and shall be exempted from paying Monthly Subscriptions.
(4.1.4)A Life Member whose registration has been deregistered shall automatically cease to be the member of the Guild.
(4.2)ADMISSION OF MEMBERS
(4.2.1)Every candidate for admission as a member shall first fill a prescribed application form, proposed by one member and seconded by another. The application form shall be posted on the Notice Board of the Guild
for SEVEN(7)days. If no objection is raised by any member within that period, it shall be submitted to the Executive Committee Meeting for approved.
(4.2.2)When the candidate receives the written approval from the Guild, he shall pay all the necessary fees within FOUR(4)weeks. If the candidate fails to do so,he shall forfeit his membership and he shall have no
right to submit any application in future.
(4.2.3)The Executive committee may at its discretation reject any application without assigning any reason therefor.
(4.3)MEMBERS CHANGE AF ADDRESS
When a member changes his address, he shall immediately write or verbally inform the Guild in order to avoid any misdelivery of letters.
CLAUSE 5 RESIGNATION AND TERMINATION
(5.1)Any member who wishes to resign from the Guild, shall give Two(2)weeks
Notice in writing to the Honorary Secretary an pay up all dues (if any).
(5.2)If any Executive Committee member absents himself from monthly meeting
THREE(3)times in succession, notice shall be given to him by the President, and if he continues to be absent THREE(3)times without giving any written notification,he shall, with a resolution of the Executive Committee, cease to be a Committee member.
(5.3)Any member who commits a breach of any of the followings may be expelled subject to the decision of the Executive Committee meeting:-
(i) Deals in improper business.
(ii) Fails to observe the Rules or abide by the Resolutions passed by the Guild.
(iii)Causes damage to the good name of the Guild.
(5.4)Members who are expelled by the Executive Committee may appeal to the
General Meeting of Members.
(5.5)Any member who leaves the Guild either on resignation or by expulsion, should have no right to claim for refund of any fee paid by him to the Guild.
CLAUSE 6 SOURCE OF INCOME
(6.1)Candidates who receive written approval from the Guild, shall pay RM500.00 as Entrance Fee and shall become Life Members of the Guild.
CLAUSE 7 GENERAL MEETING
(7.1) The supreme authority of the Guild is vested in a General meeting of Members. At least TWICE the number of the Executive Committee members of the Guild must be present at a General Meeting for its proceedings to be
valid and to constitute a quorum.
(7.2) An Annual General Meeting of the Guild shall be held before the end of April each year on a date and at a time to be decided by the Executive Committee.
(7.3) If half an hour after the time appointed for a meeting, a quorum is not present,the meeting shall be postponed to a date not exceeding 30 days, to be decided by the Executive Committee, and, if a quorum is not present
half an hour after the time appointed for the postponed meeting, the members present shall have power to proceed with the business of the day but they shall not have the power to alter the Rules of the Guild or to make decisions affecting the whole membership or the properties of the Guild.
(7.4) The business of the Annual General Meeting of Members shall be:-
(7.4.1)To receive the Executive Committees report on the working of the Guild during the previous year.
(7.4.2)To received the Treasurer's report and the audited account for the previous year.
(7.4.3)To amend any rule or adopt any new rule of the Guild.
(7.4.4)To elect 25 Executive committee Members and two reserves for three years.
(7.4.5)To purchase any immovable property for the Guild. Whenever the Guild is short of Funds, the Members'General Meeting shall have the right to sell or mortgage the properties of the Guild.
(7.4.6)To check the documents or instruments of all movable and immovable properties of the Guild.
(7.4.7)To deal with such other matters which cannot be solved by the Executive Committee.
(7.4.8)The Members'General Meeting shall have the right to overdraft a limited cash from Bank when it is necessary.
(7.5) The Honorary Secretary shall send to all members at least
FOURTEEN(14)days before the meeting a notice of the Annual General Meeting of Members stating the date, time and the place and an Agenda including copies of minutes, reports, motion(if any)and nomination forms for election of office-bearers together with the audited accounts of the Guild for the previous year.Copies of these documents will also be made available at the Registered office or place of meeting of the Guild for perusal of members.
(7.6) Notice and Agenda for an Extra General Meeting of Members shall be forwarded by the Honorary Secretary to all members at least SEVEN (7) days before the date fixed for the meeting.
(7.7) An Extra General Meeting of Members shall be convened:-
(7.7.1)Whenever the President deems necessary.
(7.7.2)Whenever the Executive Committee deems necessary.
(7.7.3)At the joint request in writing of not less than SIXTY(60)members, stating the objects and reasons for such meeting.
(7.8) An Extra General Meeting of Members requisite by members shall be convened for a date within FOURTEEN(14)days of the receipt of such requisition and notice for such meeting shall be sent out to all members by the Honorary Secretary SEVEN(7)days before the date of the meeting.
(7.9) The Sub-Rule 8(1) and 8(3) regarding quorum and postponement of Members shall apply also to an Extra General Meeting of Members, but with the proviso that if no quorum is present after half an hour from the time
appointed for a postponed Extra General Meeting of Members requisited by members,the meeting shall be cancelled and no Extra General Meeting shall be requisited for the same purpose until after the lapse of at least
SIX(6) months from the date thereof.
(7.10)Any member who is unable to attend the election at the Annual General Meeting, he/she may get a 'Proxy Form'from the Secretariat, after completion of the form, it must be submitted to the Secretariat one week(7
days) before the date of the Annual General Meeting.
CLAUSE 8 COMMITTEE
(8.1) An Executive Committee consisting of 25 members who shall be termed as Office-bearers of the Guild and who have obtained the hightest number of votes among the candidates, shall be elected once every THREE(3)years at the Annual General Meeting of Members.
(8.2) Election of Office-bearers will be by a simple majority of votes of the members cast and counted at the Annual General Meeting of Members.
(8.3) The 25 Office-bearers elected during the Annual General Meeting of Members shall re-elect among themselves within FOURTEEN(14)days by unsigned ballots to hold various posts as mentioned below:-
1 President
1 Deputy President
1 First Vice-President
1 General Secretary
1 Assistant General Secretary
1 Treasurer
1 Assistant Treasurer
2 Social Secretaries
2 Commercial Affairs Officers
2 Welfare Officers
1 Education Officers
1 Recreation Officers
10 Ordinary Committee Members
2 Reserves
(8.4) All Office-bearers performing executive function in the Guild shall be Malaysian Citizens.
(8.5) The New Office-bearers shall take over duties from the old Office-bearers within 20 days after the New Executive Committee has been formed. Notice for such take-over ceremony shall be sent out to the new and outgoing Executive Committee members SEVEN(7)days before the date of meeting by the General Secretary.
(8.6) The Executive Committee shall meet once a month to attend to the affairs of the Guild. Meeting of the Executive Committee shall be convened by the President. Notice for the meeting shall be sent to all Executive Committee members SEVEN(7)days before the date of the meeting. THIRTEEN(13)members of the Executive Committee shall form a quorum. Whenever there is inadequate quorum, the meeting shall be postponed, and shall be held on the postponed date whether there is a quorum or not.
(8.7) The function of the Executive Committee is to supervise the day to day work and activities of the Guild and to make decisions on the matters affecting its running within the general policy laid down by the general
meeting of members. It shall furnish reports of activities and the financial position of the previous year to each General Meeting of Members.
(8.8) The Executive Committee shall plan and work for the expansion and development of the Guild.
(8.9) The Executive Committee shall have power to appoint any sub-committees to deal with any special problem or problems.
(8.10)The Executive Committee shall have the power to approve any item of expenditure not exceeding RM10,000.00 at any time. The Anniversary Celebration Dinner and the Scholarship Incentive Payment Scheme for
members'children shall not be subject to this Rule.
(8.11)The Executive Committee shall have the power to appoint certain number of members from amongst those in various outstation towns as outstation assistants.
(8.12)The Executive Committee shall have the power to appoint Honorary Legal Advisor or advisors and appoint those members who have rendered meritorious service as Honorary Presidents of the Guild.
(8.13)In the event of the death or resignation of a member of the Executive Committee, the Executive Committee shall have the authority to invite one of the reserves to fill the vacancy,or leave it vacant until the next election of members of the Executive Committee in an Annual General Meeting of Members.
(8.14)On the death of any serving member of the Executive Committee, the other members of the Executive Committee shall be notified to attend the funeral and express condolences.
(8.15)Term of Office of Office-bearers: The term of office of office-bearers shall be THREE(3)years but all office-bearers may continue to hold office if re-elected, except the President, the General Secretary and the Treasurer who shall not hold the same post for more than SIX(6)years.
CLAUSE 9 DUTIES OF OFFICE BEARERS
(9.1) The President
(9.1.1)He shall be in control of all affairs of the Guild both internally and externally. He shall represent the Guild in all its dealings with outside bodies.
(9.1.2)He shall manage all affairs and carry out all resolutions of the Guild.
(9.1.3)He shall have the power to employ or terminate any paid staff in the Guild, except the Executive Secretary.
(9.1.4)He shall have the power to approve any item of expenditure not exceeding RM5,000.00.
(9.1.5)He shall preside at all meetings.
(9.1.6)He shall sign all outgoing documents.
(9.1.7)He shall take charge of the Official Seal.
(9.1.8)He shall take charge of all leases, grants and all other documents of the Guild.
(9.1.9)In the event of a tie at any meeting, he shall have the casting vote besides his own vote.
(9.2) Deputy President
(9.2.1)He shall assist the President in the management of the affairs of the Guild.
(9.2.2)He shall act for the President in the latter's absence.
(9.2.3)In case of the absence of the President at any meeting, the Chair shall be taken by the Deputy President.
(9.3) The First Vice-President
(9.3.1)He shall assist the President in the Management of the affairs of the Guild.
(9.3.2)He shall act for the President in the absence of both the President and the Deputy President.
(9.3.3)In case of absence of both the President and the Deputy President at any meeting,the Chair shall be taken by the First Vice-President.
(9.4) The General Secretary
(9.4.1)He shall under the instructions of the President, attend to the daily routines and supervise all the affairs of the Guild and shall have the power to appoint or dismiss any staff of the Guild, except the Executive Secretary.
(9.4.2)He shall have the power to incur expenditure in any one item not exceeding RM2000.00 on the account of the Guild.
(9.4.3)He shall sign all documents or correspondence, all receipts and vouchers in connection with such receipts and payments.
(9.5) The Assistant General Secretary
The Assistant General Secretary shall assist the General Secretary in the management of the affairs of the Guild and act for the General secretary in the latter's absence.
(9.6) The Treasurer
(9.6.1)He shall be in charge of the Funds of the Guild and shall take charge of all financial matters. He shall also keep accounts of Income and Expenditure of the Guild.
(9.6.2)He shall hold RM1000.00 as petty cash. When cash in hand exceeds RM1000.00,the excess cash shall be deposited in the Bank appointed by the Executive Committee.The Bank account shall be in the name of
the Guild.
(9.6.3)Withdrawals from the Bank shall be jointly signed by the President or the Deputy President and the Treasurer or the Assistant Treasurer. The Cheque must also bear the Official Seal of the Guild.
(9.7) Assistant Treasurer
The Assistant Treasurer shall assist the Treasurer in his work and act for him
during his absence.
(9.8) Two Social Secretaries
They shall represent the Guild in attending social functions on behalf of the Guild.
(9.9) Two Commercial Affairs Officers
(9.9.1)They shall collect Marketing statistics, prepare memorandums and submit them to the Executive Committee for approval.
(9.9.2)They shall study Government Acts and look into the implementation of any new Acts which may cause difficulties to members of the Guild.
(9.10)Two Welfare Officers
They shall be in charge of the welfare of the members of the Guild. They shall be
authorised to donate a sum of not more then RM100.00 to the "Relief Committee" of an affected area during their visit to the member concerned.
(9.11)One Education Officers
He shall be responsible for all Education Programmes of the Guild. He shall be authorised to donate a sum of not more than RM100.00 to any Educational or Cultural body while attending meeting convened by any Educational or Cultural bodies.
(9.12)One Recreation Officers
He shall deal with the following activities such as Chinese Art of self-defence, music and theatricals.
(9.13)Ten Ordinary Committee Members
They shall assist in the management of the affairs of the Guild.
(9.14)Out-Station Assistants
They shall assist the Guild in the transmission of notices or messages and in the collection of all dues.
(9.15)Rights And Duties Of Mmebers
(9.15.1)All members of the Guild shall have the right to vote and stand for election and shall enjoy all other privileges offered by the Guild to its members. All members of the Guild shall abide by the Rules of the Guild, and observe and obey all resolutions passed by the Guild. They shall also pay all the fees prescribed under the Rules.
(9.15.2)Rentals of the Meeting Hall of the Guild shall be decided from time to time by the Executive Committee. Members who rent this Meeting Hall shall be given a discount of 50%.
(9.15.3)Any member who comes across any difficulty or disputes may ask for aid in writing stating the reasons if it is within the Guild's ability to do so. The President and the General Secretary shall render their assistance on behalf of the Guild before getting approval from the Executive Committee Meeting.
(9.15.4)There are"CONDOLENCE BANNERS" in the Guild. The Bereaved family of members or the bereaved member can, if require, borrow the same from
the Guild.
CLAUSE 10 FINANCIAL PROVISION
(10.1)The Funds if the Guild shall be derived from rentals paid by tenants and fromsources as described in Rule 6.
(10.2)The Funds of the Guild may be expended for purposes necessary for the carrying out of its objects including the expenses of its administration, the payments of salaries,allowances and expenses to its employees and audit of its accounts. They shall on no account be used to pay fine of any member who may be convicted in a court of law.
(10.3)The Financial year of the Guild shall commence from the 1st of January and end on the 31st of December each year.
(10.4)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 an auditor who shall not be an office-bearer of the Guild.
The audited accounts shall be submitted for the approval of the next Annual General Meeting of Members and copies shall be made available at the Registered Office or place of meeting of the Guild for the perusal of
members.
CLAUSE 11 AUDITORS
Two External Auditors
The External Auditors shall audit the accounts and receipts and vouchers of the
Guild once a month. They shall sign all audited statements.
CLAUSE 12 PROPERTY ADMINISTRATOR / TRUSTEES
(12.1)The immovable properties of the Guild shall be registered in the name of the Guild and all instruments relating to those properties shall be as valid and effective as if they are executed by THREE(3) principal office-bearers i.e.
the President , the General Secretary and the Treasurer for the time being of the Guild whose appointments are authenticated by a certificate of the Registrar, and seal with the Official Seal of the Guild.
(12.2)The Executive Committee shall take charge of the immovable properties of the Guild but with the proviso that the purchase, sale, mortgage or transfer of all or any of the immovable properties of the Guild shall be decided at a
Members' General Meeting of the Guild and with the consent of not less then
2/3 of the members present at such meeting.
CLAUSE 13 INTERPRETATION
NIL
CLAUSE 14 ADVISOR / PATRON
NIL
CLAUSE 15 PROHIBITION
(15.1)All members of the Guild shall be Malaysian Citizens.
(15.2)The Guild shall not have any affiliation or connection with any Society established outside Malaysia.
(15.3)Taking of drugs on the premises and the introduction of prostitutes and bad characters into the premises are strictly prohibited.
(15.4)The Guild shall not give any benefit as defined under Section 2 of the Societies Act 1966 to any member of the Guild.
(15.5)None of the following games shall be played in premises of the Guild:
Poulette, Lotto,Fan Tan, Poh, Peh Bin, Belangkai, Pai Kau, Tan Ngau,
Tien Kow, Chap Ji Kee,Sam Cheong, Twenty-one, Thirty-one, Ten and a half,
all games of dice, banker's games, and all games of mere chance.
(15.6)Neither the Guild nor its members shall attempt or 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 Ordinance 1959.
CLAUSE 16 AMENDMENT OF CONSTITUTION
Any further addition or amendment to the Rules shall be submitted to the Members' General Meeting for Approval. Such Alterations or amendments shall be submitted to the Registrar within 28 days of the date of the meeting and shall take effect from the date of the their approval by the Registrar of Societies.
CLAUSE 17 DISSOLUTION
The Guild shall not be dissolved except by a resolution passed at a Members'
General Meeting attend by not less than 3/4 of the membership. When the Guild is to be dissolved, all debts and liabilities lawfully incurred on behalf of the Guild shall be fully discharged and any balance of funds shall be distributed proportionally amongst the members of the Guild or in a manner as adopted by the meeting. Notice of dissolution shall be signed by TWO(2) principal office-bearers of the Executive Committee and submitted to the Registrar of Societies within FOURTEEN(14)days from the date of dissolution.
CLAUSE 18 FLAG, LOGO AND BADGE
1. Flag
-
Description
-
2. Logo
-
Description
-
3. Badge
Description
A GLOBE (Ref. to the diagram)
CLAUSE 19 REWARDS
(19.1)A member who has served as a President of the Guild for more then Ten(10)years shall be appointed as an Honorary President of the Guild by the Executive Committee.
(19.2)A member who has rendered meritorious services to the Guild shall be appointed as an Honorary President of the Guild by the Executive Committee
CLAUSE 20 MEETING HALL
Rental of the Meeting Hall shall be decided and adjusted from time to time by the Executive Committee. Any public body wishing to use the Meeting Hall for any charity purpose, may apply for a discount or shall be given free of charge.
CLAUSE 21 SPRING AND AUTUMN FESTIVALS
(21.1)The Guild shall hold regular worshipping ceremonies to pacify the spirits of the departed elders. All office-bearers shall go together to the cemetery to perform the necessary obeisance.
(21.2)Office-bearers shall be at liberty to participate in the feasts to be held then.
CLAUSE 22 PAID STAFF
(22.1)The Guild shall have an Executive Secretary and a clerk or clerks. All such appointments shall be made on the recommendations and decisions of the Executive Committee. The Executive Committee shall determine the amount of security money or surety to be furnished to the Executive Secretary and clerk or clerks. A month's notice to quit
shall be given by either party if dissatisfied with the work.
(22.2)If any paid staff is elected as an Executive Committee member, he has to resign from the paid post.
CLAUSE 23 BUSINESS AND INVESTMENTS
(23.1)The Guild may participate in any business or investments. All money and profits accruing to the Guild from participation in any business or investment shall be applied solely towards the furtherance, promotion and execution of the objects of the Guild and no portion thereof shall be paid by way of dividend, bonus or profit to
any member of the Guild.
(23.2)The business or investments of the Guild, notwithstanding the provisions of any written law to the contrary, shall be registered in the name of the Guild, and all instruments relating to that business or investments shall
be as valid and effective as if they had been executed by a registered proprietor provided that they are executed by THREE(3)office-bearers for the time being of the Guild whose appointments are authenticated by a
certificate of the Registrar, and sealed with the Official Seal of the Guild. |