MANAGEMENT OF THE ASSOCIATION
8.1 THE COUNCIL
There shall be a Council of the Association which shall function as the principal body of the Association within the guidelines set out in the Articles of the Association.
8.2 COMPOSITION OF COUNCIL
The Council shall consist of the following office bearers and members;
Four ordinary Committee Members
Immediate former President
Who shall be elected in alternate Annual General Meetings and who will hold office until the next election. In addition, the Council may appoint two additional committee members amongst the ordinary/life members who shall hold office until the next election.
A President can hold office for a maximum of two terms consecutively.
All members of the Council and every officer performing executive functions in the Association shall be Malaysian citizen
8.3 DUTIES OF OFFICE-BEARERS
8.3.1 The President shall during his term of office preside at all general meeting and all meetings of the Council 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, in conjunction with the Secretary and Treasurer, sign all cheques on behalf of the Association.
8.3.2 The Vice-President shall deputies for the President during the latter’s absence and shall act as Acting President in the event of the resignation or demise of the President for the period until the next Council election.
8.3.3 The Secretary shall conduct the business of the Association in accordance with rules, and shall carry out instructions of the General Meetings and of the Council. He shall be responsible for conducting all correspondence and keeping all books, document and paper except the accounts and financial records. He shall attend all meetings, and record the proceedings. He shall maintain a proper membership register of the members consisting of detail such as name, identity card number, date/place of birth, occupation. Name/address of employer and residential address. In conjunction with the President and Treasurer he shall sign all cheques on behalf of the Association.
8.3.4 The Assistant Secretary shall assist the Secretary carrying out his duties and shall act for him in the latter’s absence.
8.3.5 The Treasurer shall be responsible for the finances of the Association. He shall keep accounts of all its financial transactions and shall be responsible for their correctness. He shall, in conjunction with the President and Secretary he shall sign all cheques on behalf of the Association.
8.3.6 The ordinary Committee Members shall carry out such duty as directed by the President or then Council.
8.4 COUNCIL MEETING
8.4.1 The Council shall meet at least three times in a year preferably at four monthly intervals and shall make its own rules of procedure. At least 7 days notice shall be given to its members.
8.4.2 The President shall preside at all meetings of the Council unless he is disabled by sickness, absent from Malaysia or other causes and in his absence by reason thereof the Vice-President shall preside and in the absence of both, the member present shall elect a Chairman to preside over that particular meeting.
8.4.3 One-half the total number of Council members shall form a quorum.
9.0 FINANCIAL PROVISIONS
Subject to the following provisions in this rules, the funds of the Association may be expended for any purpose necessary for the carrying out of its objectives, including the expenses of its administration, the payment of salaries, allowances and expenses of its account, but they shall on no account be used to pay fine of any member who may be convicted in a court of law.
9.1 The Treasurer may hold a petty cash advance not exceeding RM1000.00 at any time.
9.2 All cheques or withdrawal notices on the Association’s account shall be signed by the Treasurer and either the President or the Secretary.
9.3 No expenditure exceeding RM2000.00 at any time shall be incurred without the sanction of the Council. Expenditure of less than RM2000.00 may be incurred by the President together with the Secretary or the Treasurer.
9.4 As soon as possible after the end of each financial year, i.e. 31st December, a statement of receipts and payments and a balance sheet for the year shall be prepared and audited by the Auditors appointed under rule 10. The audited accounts shall be submitted for the approval of the next Annual General Meeting, and copies shall be made available at the registered place of business of the Association for the perusal of members.
Two persons among the ordinary/life members, who shall not be office bearers of the Association, shall be appointed by The Annual General Meeting as Honorary Auditors. They shall hold office for one term and shall be available for reappointment.
The Auditors shall be required to audit accounts of the Association for the year, and to prepare a report or certificate for the Annual General Meeting. They may also be required by the President to audit accounts of the Association for any period within their tenure of office at any date, and to make a report available to the Council.
11.0 OTHER COMMITTEES
The Council shall have powers to appoint other committees and shall decide their terms of reference.
The President subject to the ratification of the Council at its next succeeding meeting may appoint any life/ordinary member to fill vacancies in the Council and committees except for the post of Secretary.
13.0 GENERAL MEETINGS OF THE ASSOCIATION
13.1 THE ANNUAL GENERAL MEETING
13.1.1 The Annual General Meeting of the association shall be held not later than the 30th September each year at a convenient center, for the following purpose;
a) To receive from the Council and to adopt a report of the activities of the Association during the year preceding.
b) To receive from the Council and to adopt an audited Statement of Accounts for the year preceding
c) To elect Council Members for the ensuring two years
d) To appoint two Honorary Auditors for the ensuring two years
e) To decide on any resolution which may be duly proposed, seconded and submitted to the meeting as provided.
13.1.2 At least one calendar year month before the date fixed for the Annual General Meeting of the association, the Secretary shall inform all members in writing of the date, the time, and the place fixed for the meeting and he shall draw their attention to the subsection of this article.
13.1.3 Any member desirous of moving any resolution at the Annual General Meeting shall give notice in writing thereof to the Secretary not less than twenty one days before the date of such Meeting.
13.1.4 At least fourteen days before the Annual General Meeting of the association the Secretary shall notify all members of the agenda to be transacted at the Meeting, copies of minutes and report, together with audited accounts for the previous year, and shall include any resolutions which members have indicated their intention of proposing under the previous sub-section of this Article.
13.1.5 All items on the Agenda for the Annual General Meeting shall be opened for discussion by all members present, but voting on any item shall be confined to ordinary and life members only.
13.2 SPECIAL GENERAL MEETING
A special General Meeting of the association shall be convened by the Council at any time for any special reason. Upon the receipt of a requisition in writing from at least twenty Ordinary/Life members of the association stating the purpose in the form of one or more resolutions but devoted to one single topic for which they require a Special General Meeting to be convened, the Council shall within fourteen days notify all members of the time and venue fixed for the Special General Meeting.
Notice summoning a Special General Meeting shall be sent to all members not less than fourteen days before the date fixed for such a Meeting and shall state the business to be discussed at the Meeting.
No business shall be dealt with by a special General Meeting other than that for which it is specially convened.
14.1 The Quorum at all General Meeting of the Association shall be half of the voting members or twice the number of members of the Council whichever is less.
14.2 In the event of a lack of Quorum on the day fixed for the annual General Meeting, the President shall postpone the Annual General Meeting for one hour on the same day. After one hour, the delegates present (whatever their number) shall constitute a quorum, provided that no amendment to the constitution of the Association or decisions affecting the whole membership shall be made.
14.3 No vote shall be taken on any business transacted at the General Meeting unless there is quorum present.
14.4 Paragraphs 14.2 of these rules regarding the postponement of an annual general meeting shall apply to a special general meeting, but with the proviso that if no quorum is present after half an hour from the time appointed for a postponed extraordinary general meeting requisitioned by the members, the meeting shall be cancelled, and no extraordinary general meeting shall be requisitioned for the same purpose until after the lapse of at least six months from the date thereof.
All properties of the Association in so far as they relate to immovable property shall be vested in at least three trustees elected by the Association in General Meeting, and the Council shall fill vacancies as and when they arise subject to approval at the next Annual General Meeting.
Any or all of the Trustees may be removed from the office by a resolution passed by a two—thirds majority at a General Meeting.
No documents of purchase, sale or mortgage of immovable property of the Association shall be certified or signed by the Trustees unless a resolution to purchase, sell or mortgage the property has been adopted by a majority of two-thirds of the votes of members present at a General Meeting.
16.1 Papers of interest to the profession shall be published as and when the Council may think fit.
17.0 PRESS RELEASE
17.1 No press release and no communication to any public body, Government or otherwise may be made in the name of the Association except:-
a) by the President of the Association
b) by the Vice-President of the Association
c) by the Secretary of the association when authorised by the President or Council of the Association
The Association may be affiliated or associated with any Medical Association inside or outside Malaysia devoted to the objectives similar to those of the association.
Any step in this direction shall be taken by a decision of the Council and approved by a General Meeting.
The association shall not be dissolved, except with the consent of not less than three-fifths of the ordinary/ life members of the Association expressed, in person at a General Meeting convened for the purpose or by postal vote.
In the event of the Association being dissolved as provided by the above, all debts and liabilities legally incurred on behalf of the association shall be fully discharged and remaining funds will be either divided equally amongst members or transferred to a medical association or charitable organization in Malaysia as decided by the majority of the members at a General Meeting convened for the purpose of Dissolving the Association or decided by a postal vote of all the members.
Notice of the dissolution shall be given within fourteen days of the dissolution to the Registrar of Societies.
None of the following games shall be played In the premises of the Association: Roulette, Lotto, Fan Tan, Poh Peh Bin, Belangkai, Pai Kau, Tau Ngau, Tien Kow, Chap Ji Kee, Sam Cheong, Twenty-one, Thirty-one, Ten and a half, all games of dice, banker” game, video game and all games of mere chance.
Neither the association nor its members shall attempt to restrict or in any other manner interfere with the trade prices or engage in any Trade Union activities as defined in the Trade Union Ordinance, 1959.
The Association shall not be hold any lottery, whether confined to its members or not, in the name of the Association or its Office-bearers, Council or member.
No university or university-college students can be allowed to be a member of the association without prior written approval from the vice-chancellor of the University concerned.
21.0 AMENDMENTS TO THE CONSTITUTION
These rules may be amended, altered or added to after consideration at a General Meeting and of which the appropriate notice had been given.
Any such amendment, alteration or addition shall require to be passed by a two—thirds majority of delegates present and voting
Any amendment to the Constitution shall be enforced after being approved by the Registrar of Societies. Any amendment to the rules shall be forwarded to the Registrar of Societies, within 60 days of being passed by the General Meeting.