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Constitution of MCPA
ARTICLE 1 - TITLES AND ADDRESS
1.1 The Association shall be called the Persatuan Farmasis Komuniti Malaysia (Malaysian Community Pharmacists Association) and is hereinafter referred to as “the Association”.
1.2 The Motto of the Association shall be “Ke Arah Terbaik Pengurusan Ubat-ubat”.
1.3 The Association’s registered address shall be NO:8, First Floor, Jalan Court House, 93000 Kuching, Sarawak, Malaysia. The place of meeting shall be at the registered address or at any such place that the Supreme Council may decide.
1.4 The Association may have affiliation with any similar professional bodies, subjected to the prior approval of the Minister of Home Affairs if the affiliation is with a foreign professional body.
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ARTICLE 2 - OBJECTIVES
The objectives of the Association shall be:
2.1 To promote and protect the honour and interests of the pharmacy profession, particularly the community pharmacy practice.
2.2 To enhance and uphold the professional standard and ethics of community pharmacy practice.
2.3 To protect and improve the interests, including the exclusive dispensing of medicines, of the community pharmacists.
2.4 To encourage and spearhead the advancement of pharmaceutical education and pharmaceutical sciences through the publication of relevant professional information and knowledge, particularly that which are related to the community pharmacy practice.
2.5 To represent the views of the members before the general public as well as in any relevant Government Board or Statutory Authority or Institution.
2.6 To affiliate and co-operate with any organization with similar objectives, as may be deemed necessary to enhance the objectives of the Association, by the Supreme Council.
2.7 To assist the country to enjoy better pharmaceutical cares through quality pharmaceutical products and effective medication management.
2.8 To monitor a proper distribution and sustainable growth of the community pharmacies by collaborating with the relevant Government Authorities.
2.9 To strengthen bona fide management of the community pharmacy, as required by the Pharmacy Legislation.
2.10 To improve the ownership of the community pharmacies.
2.11 Subject to other relevant provisions in this Constitution, to purchase, lease, or build any building, premise or land for the purposes of the Association.
2.12 Subject to other relevant provisions in this Constitution, to enter into contracts, acquire, purchase, take, hold and enjoy movable and immovable property, or any rights therein and convey, assign, surrender, charge, mortgage, reassign, transfer, dispose of or otherwise deal therewith, with the approval of the General Meeting.
2.13 Subject to other relevant provisions in this Constitution, to invest the funds of the Association as may be decided at a General Meeting.
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ARTICLE 3 - THE CREST
The Crest shall consist of a letter “R” intertwined with a letter “x”, a mortar and a pestle, name and motto of the Association. A round-shaped Crest signifies membership representation throughout the nation. Mortar and pestle are traditional symbols for pharmacy practice. Intertwined “Rx” sign, is a derived abbreviation for the Latin word “recipe” meaning “take thou”, implies the complimentary role of the community pharmacists who take and execute medication instruction from the medical practitioners. The Crest’s colours of blue, red, yellow, and white identify with our Jalur Gemilang. The facsimile of the crest is as in Appendix A.
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ARTICLE 4 - TERRITORY
The territory covered by the Association shall include all the areas called Malaysia.
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ARTICLE 5 - MEMBERSHIP
5.1 Ordinary membership:
5.1.1 Ordinary membership shall be opened to every community pharmacist who is registered as a pharmacist with the Pharmacy Board of West Malaysia at the time of application.
5.1.2 Ordinary membership shall also be opened to persons who hold pharmacy qualifications, have Type A Licence, and are employed as community pharmacists in the States of Sarawak, Sabah and Labuan Federal Territory.
5.1.3 Ordinary members shall enjoy privileges, power, voting rights, rights to be elected to the Supreme Council, rights to be appointed to represent the Association in any Statutory Board, public body and institution.
5.1.4 Ordinary members shall be entitled to use the suffix MCPA behind their names. MCPA means Membership of Community Pharmacists Association Malaysia.
5.2 Associate Membership
5.2.1 Associate membership shall be opened to all the pharmacists, other than the community pharmacists, who are registered with the Pharmacy Board of West Malaysia, in Malaysia.
5.2.2 Associate membership shall also be opened to all the graduates of pharmacy, from any Malaysian or overseas institutions of pharmacy education that are recognized by the existing Pharmacy Laws in Malaysia, and who are preparing to register as pharmacists.
5.2.3 Associate membership shall also be opened to any person who, other than a person who is entitled to be registered as a pharmacist in Malaysia, is teaching pharmacy as a full time lecturer in any Malaysian Institution of Pharmacy Education that offer Pharmacy Degrees qualification.
5.2.4 Associate members shall enjoy the privileges and powers of the ordinary members except the rights to vote, to be elected to the Supreme Council, and to represent the Association in any Statutory Board, public body and institution.
5.2.5 Associate members shall be entitled to use the suffix AMCPA behind their names. AMCPA means Associate Membership of Community Pharmacists Association Malaysia.
5.3 Honorary Membership
5.3.1 The Association may confer Honorary Membership on such persons who, whether or not registered in the Register of Pharmacists, have done exceptional work in the fields of pharmacy and allied sciences or have rendered meritorious services in the cause of pharmacy and associated sciences or to this Association. Those persons shall be nominated by the Supreme Council, subject to approval by a resolution at a General Meeting.
5.3.2 Honorary members shall be exempted from any payment of annual membership subscription.
5.3.3 Honorary members shall enjoy the privileges and powers of the ordinary members except the right to vote, to be elected to the Supreme Council, and to be appointed to represent the Association in any Statutory Board, public body and institution.
5.3.4 Honorary members shall be entitled to use the suffix MCPA(Hon) behind their names. MCPA(Hon) means Honorary Membership of Community Pharmacists Association Malaysia.
5.4 Life Membership
5.4.1 Life membership shall be opened to any community pharmacist who, at the time of application, is registered without any restriction whatsoever under the existing Malaysian laws.
5.4.2 Life members shall pay a lump sum of Rm1,000.00 which shall not be refundable.
5.4.3 Life members shall be entitled to the privileges, powers and voting rights, and the rights to be appointed to represent the Association, of the ordinary members.
5.4.4 Life members shall be exempted, for life, from any payment of membership annual subscriptions.
5.4.5 Life members shall be entitled to use the suffix MCPA behind their names.
5.5 Consultant Community Pharmacists Membership
5.5.1 Any registered community pharmacist who, at the time of application, is registered with the Pharmacy Board of West Malaysia, and has been practising community pharmacy in Malaysia, for at least ten years, may apply in a prescribed Application Form B, to use the title “MCP Consultant Community Pharmacist” and whose name will appear in a Register provided for this purpose.
5.5.2 The Supreme Council may determine, at its discretion and at any appropriate time, any professional assessment that may be required as a prerequisite to admitting this class of membership.
5.5.3 The Supreme Council shall establish a special Professional Assessment Committee to carry out the duty contained in section 5.5.2 above at an appropriate time.
5.5.4 A Consultant Community Pharmacist shall be entitled to the same privileges, power, and all the rights of an ordinary member
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ARTICLE 6 - APPLICATION FOR MEMBERSHIP
6.1 Every application for membership, shall be proposed and seconded by two ordinary members and, shall be submitted to the Honorary Secretary who, shall at the first opportunity submit it to the Supreme Council for approval. The Supreme Council may at its discretion approve or reject the application. The proposer and seconder of the said rejected application may write to the Honorary Secretary, within three months of the date of rejection, to obtain the reason for the rejection.
6.2 All the membership application shall be made in the prescribed Membership Application Form A or B.
6.3 Every membership application shall be accompanied by the appropriate membership subscription fee and entrance fee.
6.4 All the fees made are non-returnable except in the case where the application is rejected. The rejected applicant shall have all the fees returned without any interests.
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ARTICLE 7 - DUTIES AND PRIVILEDGES OF MEMBERS
7.1 Duties
7.1.1 Acceptance of Membership shall be ipso facto acceptance of the Constitution, Articles, Rules and By-Laws of the Association.
7.1.2 It shall be the duty of all the members, except Honorary Members, to actively participate in all the activities of the Association and to abide by the Constitutional decisions of the Supreme Council.
7.1.3 It is the duty of a member to pay all the subscription fees or practicing fee in time. Failure to discharge this duty may result the membership being terminated
7.1.4 It is the duty of a member to inform the Association of any change in his/her corresponding address.
7.2 Privileges
7.2.1 Associate and Honorary members shall enjoy the privileges of the ordinary members except that of voting, holding of office in the Supreme Council, and the rights to be appointed to represent the Association in any Statutory Board, public body and institution.
7.2.2 All the members shall be entitled to receive publications, newsletters, circulars or any other information disseminated by the Association. Some special publications may require some charges.
7.2.3 All the members shall be entitled to the use of whatever facilities or services of the Association.
7.2.4 Any member, whose membership has been terminated or suspended, shall immediately cease to enjoy any privilege, right, power or entitlement normally enjoy by a subsisting member.
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ARTICLE 8 - FINANCE
8.1 The Financial Year shall commence on the first day of January and terminate on the thirty-first day of December of the same year.
8.2 There shall be payable and due, by all the members of the Association except the Honorary members and Life members, an annual membership subscription fee as specified below:
8.2.1 An Ordinary member annual subscription fee shall be Rm100.00
8.2.2 An Associate member annual subscription fee shall be Rm60.00
8.2.3 A MCP Consultant Community Pharmacist annual fee shall be Rm200.00
8.2.4 Any class of member shall pay Rm20.00 for the Entrance Fee.
8.3 All the fees specified in sections 8.2.1, 8.2.2, and 8.2.3 above shall become due and payable on the first day of January of each year without any notice from the Association and, shall become an undischarged debt due to the Association on the thirty-first day of March of each year, and shall not be refundable under any circumstances.
8.4 Any applicant shall pay the full subscription fee for the first financial year if the membership was approved between 1st January and 30th June. He or she shall pay 50% subscription fee for the first financial year if the membership application was approved between 1st July and 31st December. Subsequent annual membership fees are as stipulated under various appropriate sub-sections in this Constitution. This shall apply to MCP Consultant Community Pharmacist.
8.5 The Honorary Treasurer may hold a petty cash advance, not exceeding Rm500.00 at any one time. All the monies in excess of this sum shall, within seven days of receipt, be deposited in a bank account opened and approved by the Supreme Council. The bank account must be in the name of the Association.
8.6 No expenditure exceeding Rm5,000.00 at any one time shall be incurred without prior sanction of the Supreme Council, and no expenditure exceeding Rm30,000.00 at any one time shall be incurred without the prior sanction of a General Meeting.
8.7 As soon as possible after the end of each financial year, a statement of income and expenditure and balance sheet for the year shall be prepared and audited by the Auditors appointed under the relevant provision of the Constitution. The audited accounts shall be submitted for the approval of the next Annual General Meeting, and copies shall be made available at the registered address or place of meeting of the Association for the perusal of members.
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ARTICLE 9 - TERMINATION OF MEMBERSHIP
9.1 Termination of membership shall take place in any one or more of the following ways:
9.1.1 By clear intention expressed in writing to the Supreme Council to resign membership for whatever cause, provided always, that such notice or resignation be given at least one month in advance.
9.1.2 Through failure to pay the annual subscription fee or annual practicing fee, allowing it to become undischarged debt, and did not settle the debt after a final reminder, in writing, from the Honorary Treasurer.
9.1.3 Automatically by reason of the name of the member being removed from the Pharmacists’ Register maintained under the existing laws or by reason of the demise of the member.
9.1.4 By a majority opinion of the Supreme Council that member is found guilty of infamous conduct in accordance to the existing laws of Malaysia or has been found to act in a manner prejudicial to the interests of the Association.
9.1.5 By expulsion by the Association acting in accordance with the procedures in the Code of Ethics as may be prescribed by the Association and binding on all the members.
9.2 Provided however:
9.2.1 Resignation shall not affect any liability to pay the subscription due and payable as on the date of such resignation.
9.2.2 The Supreme Council may in its absolute discretion restore such membership upon being satisfied that there were good reasons for the subscription having fallen into areas, and a tender of all such arrears having been made.
9.2.3 In the event of the member being restored to the Register he shall automatically resume such membership subject to payment of all the subscriptions due and payable.
9.2.4 Any member who has been expelled may apply for restoration of membership. Such application shall be considered at a Supreme Council meeting and shall be decided upon by a two-third majority
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ARTICLE 10 - MANAGEMENT OF THE ASSOCIATION
10.1 Supreme Council
10.1.1 The Supreme Council shall consist of nine Ordinary members elected at the Annual General Meeting by means of postal ballot and shall each hold office for two years. Any Supreme Council member shall be eligible for re-election thereafter.
10.1.2 “Election at an Annual General Meeting by means of postal ballot” means that the ballot papers in the prescribed form shall be dispatched to every voting member at least one month before the date of an Annual General Meeting prior to the counting of the ballot at an Annual General Meeting.
10.1.3 The Supreme Council shall comprise the following:
- One President.
- One Deputy President.
- One Honorary Secretary.
- One Honorary Treasurer.
- One Assistant Honorary Secretary.
- One Assistant Honorary Treasurer.
- Three Supreme Council Members.
- Branch Chairmen representing their respective Branches.
10.1.4 All the offices, mentioned in sub-section 10.1.3 above, except (h) Branch Chairmen, shall be elected directly by all the voting members during the Annual General Meeting of the Association.
10.1.5 All the members of the Supreme Council and every officer performing executive functions in the Association shall be Malaysian citizens.
10.2 Duties of the Supreme Council
10.2.1 The Supreme Council shall organize and supervise the day-to-day activities of the Association and to make decisions on matters affecting the running within the Objectives of the Association or the general policy decided by the General Meeting. The Supreme Council may not act contrary to the Constitution or the expressed wishes of the General Meeting without prior reference to it and shall always remain subordinate to the General Meeting. It shall furnish a report to each Annual General Meeting on its activities during the fiscal year.
10.2.2 The Supreme Council shall meet, at least, once every three months. The President or in his absence, not less than five Supreme Council members collectively may call for a meeting of the Supreme Council to be held at any time. At least one half of the Supreme Council members must be present for its proceedings to be valid and to constitute a quorum.
10.2.3 Where any urgent matter requiring the approval of the Supreme Council arises and it is not possible to convene a meeting, the Honorary Secretary may obtain such approval by means of a circular letter, either send by post or by email. The following conditions must be fulfilled before a decision on the Supreme Council is deemed to have been obtained:
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The issue must be clearly set out in the circular and forwarded to all the members of the Supreme Council.
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At least 50 percents of the Supreme Council members must indicate whether they are in favour of or against the approval.
- The decision must be by a majority vote.
10.2.4 Any decision obtained by circular letter shall be reported by the Honorary Secretary to the next Supreme Council Meeting and recorded in the minutes thereof.
10.2.5 Any member of the Supreme Council who fails to attend three consecutive meetings of the Supreme Council, without satisfactory explanation, shall be deemed to have resigned from the Supreme Council.
10.3 Powers of the Supreme Council
10.3.1 To lay down the policy of the Association.
10.3.2 To disburse such funds as are approved and are deemed necessary for the functioning of the Association.
10.3.3 To exercise such other powers and discharge such other duties as the Articles, Rules and Bye-Laws of the Association may for the time being provided.
10.3.4 To call for Extraordinary General Meetings.
10.3.5 To approve Application of Memberships.
10.3.6 To accept resignation and fill vacancies of the Association.
10.3.7 To manage the financial affairs of the Association and to authorize expenditure incurred.
10.3.8 To appoint sub-committees. All properties and proceedings of the sub-committees shall remain the properties of the Association.
10.3.9 To act generally on the behalf of the Association in all the matters wherein the Articles, Rules and By-Laws do not exactly or otherwise provide.
10.3.10 To make Rules, and Bye-Laws of the Association consistent with the Constitution, with the approval by a resolution of the General Meeting and subject to approval of the Registrar of Societies.
10.3.11 To encourage and sustain interests in the Objectives of the Association.
10.3.12 To nominate Representatives to Statutory Board and other bodies to further the Objectives of the Association.
10.3.13 To co-opt an Ordinary Member as a Co-opted Supreme Council Member whenever there is a vacancy.
10.3.14 The Supreme Council shall have the power to accept resignation of any Supreme Council member and to fill any vacancy arising thereof.
10.4 Duties and Powers of Office Bearers
10.4.1 President
The President shall, during his term of office, preside all general meetings and all the meetings of the Supreme Council, and he 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 whenever they are approved. He shall, with the Honorary Treasurer, sign all the cheques on behalf of the Association.
10.4.2 Deputy President
He shall deputise for the President during the later’s absence. President can assign specific roles and duties to the Deputy President. He shall assist the President fully for proper functioning of the Association.
10.4.3 Honorary Secretary
The Honorary Secretary shall conduct the business of the Association in accordance with its Constitution and Rules, and shall carry out the instructions of the General Meeting and of the Supreme Council. He shall be responsible for conducting all correspondence and keeping all books, registers, documents and papers except accounts and financial records. He shall attend all the meetings and record the proceedings. He shall, with the Honorary Treasurer, sign cheques on behalf of the Association. He shall keep a Register of all the members of the Association, and another Register for all the MCP Consultant Community Pharmacists, and any other required registers as the Supreme Council may decide.
10.4 4 Honorary Treasurer
The Honorary Treasurer shall be responsible for the finance of the Association. He shall keep accounts of all the financial transactions and shall be responsible for their correctness. He shall, together with either the President or the Honorary Secretary, sign all the cheques and financial documents on behalf of the Association.
10.4.5 Assistant Honorary Secretary
The Assistant Honorary Secretary shall assist the Honorary Secretary and in the absence of the Honorary Secretary, shall assume the powers and duties of the Honorary Secretary
10.4.6 Assistant Honorary Treasurer
The Assistant Honorary Treasurer shall assist the Honorary Treasurer and in the absence of the Honorary Treasurer, shall assume the powers and duties of the Honorary Treasurer.
10.4.7 Supreme Council Members
All the Supreme Council Members shall actively participate in the administration of the Supreme Council and shall whenever necessary to chair at least one of the Committees. They shall be responsible for all resolutions and implementations of the Supreme Council during the term of Office.
10.4.8 Auditors
10.4.8.1 The General Meeting shall appoint two ordinary members, who are not the office-bearers of the Association, to be the Auditors. They shall hold office for two years and shall be eligible for re-appointment.
10.4.8.2 The Auditors shall be required to audit the accounts of the Association and to prepare a report or certificate for the Annual General Meeting. They may also be requested, by the President, to audit the accounts of the Association for any period within their tenure of office at any date and to make the report to the Supreme Council.
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ARTICLE 11 - GENERAL MEETINGS OF THE ASSOCIATION
11.1 The Annual General Meeting
The Annual General Meeting of the Association shall be held before the end of March of each year and on a date and at a time and place to be decided by the Supreme Council. Notification of the Annul General Meeting by the Honorary Secretary shall be forwarded to all the members of the Association at least six weeks in advance on the date of the Annual General Meeting.
11.2 Business of the Annual General Meeting:
11.2.1 To confirm the Minutes of the last Annual General Meeting.
11.2.2 Matters arising.
11.2.3 To receive the Annual Reports of the Supreme Council.
11.2.4 To receive the Statement of Accounts duly audited.
11.2.5 To amend the Constitution, Rules or Bye-Laws of the Association.
11.2.6 To carry out the election of the Supreme Council Members.
11.2.7 To appoint two Auditors, where appropriate, once in two years.
11.2.8 To discuss any other matters, notice of which shall be given to the Honorary Secretary at least four weeks before the date of the Meeting. This notice shall be sponsored by one ordinary member and seconded by one other ordinary member.
11.2.9 The quorum of an Annual General Meeting shall be twenty-five ordinary members.
11.2.10 In the event of a lack of quorum on the date fixed for the Annual General Meeting, the President shall postpone the Annual General Meeting to a date not later than one month from that date. At the postponed Annual General Meeting the members present shall constitute a quorum, but they shall not have the power to amend the rules of the Association or to make decisions affecting the whole membership.
11.3 Extraordinary General Meeting
The Supreme Council or a group of fifteen ordinary members may request to hold an Extraordinary General Meeting. Notice of an Extraordinary General Meeting shall be forwarded to every member of the Association at least four weeks before such a meeting is held. The only business to be conducted at the Extraordinary General Meeting shall be confined to matters on the Agenda and the quorum shall be twenty-five ordinary members. In the event of a lack of quorum, such an Extraordinary General Meeting shall be considered cancelled.
11.4 Emergency General Meeting
The Supreme Council or a group of fifteen ordinary members may request to hold an Emergency General Meeting. Notice of an Emergency General Meeting shall be forwarded to every member of the Association at least two weeks before such a meeting is held. The only business to be conducted at the Emergency General Meeting shall be confined to matters on the Agenda and the quorum shall be twenty-five ordinary members. In the event of a lack of quorum, such an Emergency General Meeting shall be considered cancelled.
11.5 Minutes
The Honorary Secretary shall prepare the Minutes of all the General Meetings, which shall be verified by the Supreme Council, and then send to all the members within forty-five days of the Meeting. Any disagreement to the correctness and accuracy of the Minutes shall be forwarded, in writing, to the Honorary Secretary within thirty days of the receipt of the Minutes.
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ARTICLE 12—BRANCHES
12.1 Territory
The territory of each Branch shall be the geographical boundaries of each State and territory of Malaysia. However, two states can decide to form a Branch to be named after the two states.
12.2 Formation and Dissolution of Branches
12.2.1 The Supreme Council may by a majority vote at a meeting approve the formation of a Branch in any territory provided there are not less than 20 voting members of the Association, with the approval of the Registrar of Societies.
12.2.2 The Supreme Council may dissolve a Branch:
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If for a consecutive period of six months the number of Branch voting members is below 10; or
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If the Branch refuses to abide by the Rules of the Association or decisions of the Supreme Council or if it is in the opinion of the Supreme Council guilty of conduct detrimental to the Association.
12.2.3 A decision to dissolve a Branch shall be by a majority vote at a meeting of the Supreme Council. The affected Branch shall be given a 30 days written notice to answer the allegations listed under 12.2.2(b) before any decision shall be made.
12.2.4 The Dissolution Order shall be signed by the Honorary Secretary. On receipt of such an order the Branch shall cease to function except for the purpose of winding-up. Any Branch aggrieved by an order of dissolution may, within 30 days of receiving the order, lodge an appeal to the Supreme Council for final reconsideration.
12.2.5 It shall be the responsibility of the Branch Chairman, Branch Secretary and Branch Treasurer to deliver to the Honorary Secretary all the books, records, money, property and whatsoever that belong to the Association, from the date of last submission of accounts to the date of the Dissolution Order.
12.3 Branch Finance
12.3.1 The financial year of each Branch shall begin on the first day of January and ends on 31st December of each year.
12.3.2 The Branch shall remit to the Honorary Treasurer of the Association all the annual subscriptions received from members in its territory, within 7 days of receipt of such subscription.
12.3.3 Each Branch shall be allocated such funds as may be determined by the Supreme Council of the Association.
12.4 Branch Committee
12.4.1 The Branch Committee shall be elected from Ordinary and Life members resident in the territory of the Branch by postal ballot in the Annual General Meeting of the Branch and shall take office immediately after the Annual General Meeting.
12.4.2 The Branch Committee shall be composed of:
- A Branch Chairman.
- A Branch Vice-Chairman.
- A Branch Honorary Secretary.
- A Branch Honorary Treasurer.
- Three Committee members
12.4.3 The duties of the Branch Committee Office Bearers shall be:
a. Branch Chairman
Branch Chairman shall preside all the Branch General meetings and all the meetings of the Branch 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. He shall, with the Branch Treasurer, sign all cheques on the behalf of the Branch.
b. Branch Vice-Chairman
He shall deputise for the Branch Chairman during the later’s absence.
c. Branch Secretary
Branch Secretary shall conduct the business of the Branch in accordance with the Constitution, Rules and Bye-Laws of the Association, and he shall carry out the instructions of the General Meeting and of the Supreme Council. He shall be responsible for conducting and keeping all correspondence, documents, books except the accounts and financial matters. He shall attend all meetings and record the proceedings.
d. Branch Treasurer
Branch Treasurer shall be responsible for the finance of the Branch. He shall keep accounts of all financial transactions and shall be responsible for their correctness. He shall, either with Branch Chairman or Branch Secretary, sign all the cheques on behalf of the Branch.
12.4.4 The duties and powers of the Branch Committee shall be:
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To prepare and submit the budget for the ensuing year at the first meeting of the Supreme Council.
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To manage the affairs of the Branch and arrange the professional, clinical, scientific, and social meetings for the benefit of the members of the Branch.
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To ensure the policy and decisions of the Supreme Council is carried out at the Branch level, and to convey views of the Branch members to the Supreme Council.
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To fill vacancies of the Branch Committee.
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To prepare an Annual Report together with an audited Statement of Accounts for the Annual General Meeting of the Association, within two weeks of the Branch Annual General Meeting.
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To form sub-committees within the Branch.
12.4.5 A Branch Committee shall meet at least once every three months, and the quorum shall be four members.
12.4.6 The Branch Annual General Meeting shall be held before 31st January of each year.
12.4.7 The Branch Secretary shall send Notice of the Branch Annual General Meeting to each member, three weeks before the meeting.
12.4.8 Nomination for the Branch Committee shall be on a prescribed form. The consent of the nominee concerned shall be obtained.
12.4.9 Nomination shall be open to all Life and Ordinary Members resident in the territory of the Branch.
12.4.10 The business of the Branch Annual General Meeting shall be:
- To receive the Branch Treasurer’s report and the audited accounts of the Branch for the previous year.
- To elect a Branch Committee and to appoint a Branch auditor for the coming year.
- To deal with any matter that may be put before it.
12.4.11 A Branch Extraordinary General Meeting shall be convened:
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on the instruction of the Supreme Council; or
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whenever the Branch Committee deems it desirable; or
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at the request in writing of at least ten members of the Branch, stating the objective and reason for such meeting.
12.4.12 A Branch Extraordinary General Meeting requisitioned by members shall take place within 15 days from the receipt of such requisition. The Secretary shall forward notice and agenda for an Extraordinary General Meeting to all members at least 7 days before the date fixed for the meeting.
12.4.13 The quorum for the Branch General Meeting shall be not less than ten ordinary members.
12.4.14 Each Branch Chairman shall represent the Branch in the Supreme Council by virtue of Article 10.1.3 (h).
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ARTICLE 13 – ANNUAL REPORT
The Annual Report, the Balance Sheet and a full list of members shall be open for inspection at the Annual General Meeting. Any member, at any subsequent meeting, may ask to see these copies.
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ARTICLE 14—PATRONS OF THE ASSOCIATION
The Supreme Council may decide to invite appropriate national leaders to be the Patrons of the Association for the furtherance of the Association’s Objectives.
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ARTICLE 15 – COMMON SEAL
The Association shall have a common seal that shall be kept under key and lock in the custody of the Honorary Secretary. The use of the common seal must be with the approval of the Supreme Council and must be witnessed by two Principal Office Bearers. The use must be recorded in a Register provided for the purpose.
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ARTICLE 16 – AMENDMENT TO THE CONSTITUTION
16.1 The Constitution may be amended by a resolution passed at an Annual General Meeting and of which the appropriate notice has been given.
16.2 Any amendment to the Constitution shall require to be passed by two-third majority of members present. It shall not come into force without the approval of the Registrar of Societies, Malaysia.
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ARTICLE 17 – DISSOLUTION OF THE ASSOCIATION
17.1 The Association may be voluntarily dissolved by a resolution passed by not less than three-fifths of the total ordinary membership.
17.2 In the event of the Association being dissolved as provided, all debts and liabilities legally incurred on its behalf shall br fully discharged, and the remaining funds shall be disposed in such manner as may be decided upon by a General Meeting.
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ARTICLE 18 – APPOINTMENT OF OFFICERS UNDER SECTION 9(b) OF SOCIETIES ACT, 1966
18.1 Three officers who must be office-bearers and over 21 years of age shall be appointed biennially at the annual general meeting for the purpose of Section 9(b) of the Association Act, 1996.
18.2 They shall hold office for two (2) years and shall be eligible for re-election.
18.3 The officers appointed under this rule shall deal with the immovable property of the Association in such manner as the general meeting may direct provided that all immovable properties shall be registered in the name of the Association.
18.4 The officers shall not sell, mortgage, charge, lease, withdraw or transfer any property of the Association without the consent and authority of a general meeting.
18.5 An officer may be removed from officer by a general meeting on the ground that, owing to ill health, unsoundness of mind, absence from the country or for any other reason, he/she is unable to perform his/her 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 Supreme Council shall have the power to co-opt any other member of the Association to fill the vacancy until the next general meeting.
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(NOTE: The Registrar of Society had approved this Constitution, on 7th October 2005, with the Registration Number 1744-05-15). |