|本公會的全稱為沙巴州烘焙同業公會 （PERSATUAN KONFEKSYENARI DAN BAKERI SABAH）。下文簡稱“公會”。|
|(1) 本會註冊和通訊地址為LOT 13, LORONG BUAH DUKU 3, KOLOMBONG INDUSTRIAL ESTATE, P.O.BOX 21065, LUYANG 88768 KOTA KINABALU, SABAH。
附屬成員的年度會費: 馬幣壹千零吉 (RM1,000.00)
(a) 本會支出款項，凡一次超過馬幣五百零吉 (RM500.00) 者，須經會長批准。(5) 經查核之帳目報告須隨同成員大會通知書分發給所有成員，並於公會註冊地址的佈告處另行張貼一份。
(b) 本會支出款項，凡一次超過馬幣二千零吉 (RM2,000) 者，須經理事會批准。
(c) 本會支出款項，凡一次超過馬幣五千零吉 (RM5,000) 者，須經會員大會批准。
|The name of the Association shall be known as Persatuan Konfeksyenari Dan Bakeri Sabah (Sabah Confectionery And Bakery Association). Hereinafter referred to as the "Association".|
|Rule 2||Registered And Postal Address|
|(1) The registered and correspondence address of the Association is situated at Lot 13, Lorong Buah Duku 3,Kolombong Industrial Estate, P.O.Box 21065,Luyang,88768 Kota Kinabalu,Sabah or other places or place which is approved by the Executive committee of the Association from time to time.
(2) The registered office and the correspondence address of the Association shall not be changed without the prior approval from the Registrar of the Societies.
|The objectives of the Association shall be as follows:-
(1) To promote better understanding and relationship among the members.
(2) To protect the common interests of the members in their trade.
(3) To provide assistance and guidance to members facing problems in their trade and to convey such problems to the government or authorities concerned.
(4) To assist in social welfare and charity.
(5) To acquire immovable properties and such other facilities with the consensus of general meeting of members.
(6) To raise funds by means of donations or any other lawful means subject to theapproval of the relevant enforcement agencies and with the prior knowledge and approval of the Registrar of Societies.
|Rule 4||Sources of Income|
|The sources of income of the Association shall be derives from:
(1) Entrance fee
(2) Whole life subscription
(3) Special donation
(4) Voluntary donation
(5) Benefit derived from properties
(6) Yearly subscription of associate member
|(1) Membership shall be opened to licenced operators of bakery and confectionary shops or outlets who are Malaysian citizens above 18 years old residing in the State of Sabah.
(2) Associate membership shall be opened for the company which business nature is not under bakery and confectionary shops but is interested to participate our Association.
(3) The Secretary shall keep membership register containing the following particulars:
(a) Name of Members
(b) I.C. No.
(c) Name of firm
(d) Date of Admission
(e) Date of Registration
(f) Registration No.
(g) Serial Number
(h) Registered address
(i) Fax No.
(j) Telephone No.
|Rule 6||Application for membership|
|(1) Every application for membership shall be in prescribed form and recommended by an existing member of the Association, shall be submitted to the Secretary or Chairman for approval by the Executive Committee. Upon approval and upon payment of the entrance fee and whole life subscription the applicant shall be admitted as member of the Association. The Executive Committee reserves the right to reject any application without assigning reason thereof.
(2) Every application for associate membership shall be in prescribed form,shall be submitted to the Secretary or Chairman for approval by the Executive Committee. Upon approval and upon payment of the yearly subscription the applicant shall be admitted as associate member of the Association. The Executive Committee reserves the right to reject any application without assigning reason thereof.
|Rule 7||Rights and privileges of members|
|(1) Every member shall have the right to nominate 1 representative who shall have the rights:-
(a) To elect and/ or to be elected(2) The member must be the owner of the licenced outlet or shop or his representative.
(b) To speak at any general meeting
(c) To submit motion, to vote, to participate in and enjoy all the privileges provided by the members.
(3) The associate member does not have the right to vote in an election and also not allowed to hold any position of Executive Committee and Ordinary Committee Members.
|Rule 8||Obligation of members|
|Members of the Association shall observe the following obligations:-
(a) To abide by the rules of the Association and its resolution.
(b) To pay any donation or subscription punctually according to the provision thereof.
(c) In the event of its representatives having been elected to the Executive Committee to refrain from rejecting such election without any reasonable cause.
|Rule 9||Cessation of membership|
|A member may be ceased to be the membership of the Association under the following circumstances.
(b) Deregistration of the firm of the company
(c) Expulsion under the provision of Rule 19 of the Constitution.
|Rule 10||Entrance fee and subscription fee|
|Entrance fee and subscription shall be as follows:-
Entrance fee : RM10.00
Whole Life Subscription: RM120.00
Associate Member Yearly Subscription: RM1000.00
|Rule 11||Effect of ceasing to be a member|
|Any member shall,upon ceasing to be a member of the Association whether on account of resignation or expulsion,forfeit all rights to and claim upon the Association and its properties and funds. Any entrance fee,whole life subscription fee,associate member yearly subscription paid to the Association shall not be refundable upon cessation of membership.
|Rule 12||Executive Committee|
|(1) The Executive Committee of the Association shall comprise of the following 15 office-bearers:
One Chairman(2) The Executive Committee will increase one more Deputy Chairman,so this Association will have two Deputy Chairman and the total of the Executive Committees is 15 persons.
Two Deputy Chairman
One Assistant Secretary
One Assistant Treasurer
Seven ordinary Committee Members
(3) The Chairman can only hold the position for two terms continuously,and each term is entitled for three years.
|Rule 13||Duties of Office-bearers|
|(1) The Chairman shall,during his tenure of office,represent the Association in its internal and external affairs,have the custody of the seals of the Association and shall preside at all general meetings and all meetings of the Executive Committee of the Association and shall be responsible for the conduct of all such meetings.He shall have a casting vote and shall sign the minutes of each meeting at the time they are approved.
(2) The Deputy Chairman and Vice Chairman shall assist the Chairman and deputize the Chairman during the absence.
(3) The Secretary shall carry out the resolutions of the General Meeting and Executive Committee and the instructions of the Chairman and Deputy Chairman. He shall also be responsible for conducting all correspondence and keeping documents and records of the Association except the accounts and financial records. He shall attend all meetings and record the minutes.
(4) The Assistant Secretary shall assist the Hon.Secretary in carrying out his duties and shall be appointed to act for the Hon. Secretary during the latter's absence.
(5) The Treasurer shall be responsible for keeping all financial documents,papers,petty cash and cheque on the account of the Association and ensuring the correctness of all financial transactions the records.
(6) The Assistant Treasurer shall assist the Treasurer in carrying out his duties and shall be appointed to act for the Hon.Treasurer in the latter's absence.
(7) The seven ordinary members of the Executive Committee shall assist other office-bearers in carrying out their duties.
|Rule 14||Election and Tenure of Office|
|(1) The election of office-bearers of the Executive Committee shall be held biennially during the Annual General Meeting.
(2) Names for the above offices shall be proposed and seconded and biennial election will be by a simple majority vote of the voting members at the annual general meeting once every two years.All the office-beares shall be eligible for reelection.
(3) In the event of death,resignation of expulsion of an Executive Committee member,the Executive Committee shall have the power to co-opt any other member of Association to fill the vacancy until the next election of office-bearers.
|(1) Executive Committee Meeting
(a) The Executive Committee shall meet at least once in every two(2) months and at least one half of the Executive Committee Members must be present for its proceedings to be valid and to constitute a quorum.
(b) At least seven(7)days prior notice of each meeting shall be given to all the Executive Committee Members.
(c) In the event of any extraordinary matter,the Chairman acting alone,or not less than one third(1/3)of its Executive Committee members may jointly call for an Executive Committee Meeting to be held.At least one half of the Executive Committee Members who request such meeting must be present personally for the meeting to be deemed valid.
(d) Any Executive Committee Member who fail to attend the Executive Committee for three(3)times consecutively shall cease to be an Executive Committee Member, unless with reason acceptable to the Executive Committee Meeting.
(2) Annual General Meeting
(a) The Annual General Meeting shall be the highest authority of the Association. At least one half of the total voting members of the Association or twice the number of Executive Committee Members(whichever is less)must be present at any General Meeting to constitute a quorum.
(b) At least 14days notice of the Annual General Meeting shall be given to all the voting members.
(c) If half an hour after the time appointed for the Annual General Meeting a quorum is not constituted,the General Meeting shall be postponed to a later date(not exceeding 30 days)to be decided by the Executive Committee. If a quorum is not present for the postponed meeting,the members present shall have the right to proceed with the business of the day but they shall not have to right to amend the constitution of the Association or to make decision affecting the whole membership.
(d) Annual General Meeting shall be held on a date and at a time and place to be decided by the Executive Committee.The business of the Annual General Meeting shall include the following:
(3) Extraordinary General Meeting.
(a) An Extraordinary General Meeting of the Association shall be convened:-
(c) The quorum for an Extraordinary General Meeting shall be the same as that for an annual General Meeting.
(d) In the absence of a quorum,the meeting shall be postponed to a later date to be decided by the Executive Committee. Where no quorum is present at the subsequent postponed date,an Extraordinary General Meeting requisitioned by members shall be cancelled and no Extraordinary General Meeting shall be requisitioned for the same purpose until after a lapse of six months from the date thereof
|Rule 16||Financial Provisions|
|(1) The financial year of the Association shall commence on 1st January annually.
(2) The Treasurer may hold a petty cash of not exceeding Ringgit Malaysia Five Hundred Only(RM500.00)at any one time. Any Sum in excess of this sum shall within seven(7)days of receipt,be deposited in a bank or banks appointed by the Executive Committee.
(3) Cheques or withdrawal notices on the account of the Asociation shall bear the seal of the Association and shall be jointly signed by the Chairman or the Secretary and the Treasurer.
(a) No expenditure exceeding Ringgit Five Hundred only(RM500.00)at any one time shall be incurred without the prior approval of the Chairman.(5) The audited statements of accounts shall be distributed to all members together with notice of Annual General Meeting and a copy shall be displayed on a notice board at the registered address of the Association.
(b) No expenditure exceeding Ringgit Malaysia Two Thousand Only(RM2000.00)at any one time shall be incurred without the prior approval of the Executive Committee.
(c) No expenditure exceeding Ringgit Malaysia Five Thousand only(RM5000.00)at any one time shall be incurred without the prior approval of the General Meeting.
(6) Any excess funds of the Association shall with the approval of the Annual General Meeting of the member,deposited in the fixed deposit of Bank Bond invested in approved share market/stock or other sound enterprise.
(1) One or more persons,shall be appointed by the General Meeting as Auditor or Auditors of the Association and who shall hold office for two years and be eligible for re-appointment. The Auditor(s)shall have the right to be present in any meeting but shall have no voting right.
(2) The Auditor(s)shall be required to audit all accounts of the Association for the years within the tenure of office and to prepare a report or certificate to the General Meeting.The Auditor(s)may also be required by the Chairman to audit the accounts of the Association for any period within his/their tenure of office,and to make a report to the Executive Committee.
|Rule 18||Appointment of Officers Under Section 9(B) of SOCI|
|(1) Three officers who must be office-bearers and over 21 years of age shall be appointed at General Meeting for the purpose of Section 9(b) of the Societies Act, 1966.
(2) They shall hold the office for two years and shall be eligible for re-election.
(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 Association.
(4) The officer shall not sell,withdraw or transfer any of the properties of the Association without the consent and authority of a General Meeting.
(5) An officer may be removed from office by general meeting on the ground that owing to ill health,unsoundness of mind,absence from the country or for any other reason,he is unable to perform his duties or unable to do so satisfactorily.In the event of the death,resignation or removal of an officer before the Annual General Meeting,the vacancy shall be filled by an Extraordinary General Meeting convened for the purpose.
|(1) The Executive Committee shall have the power to give warning to any member or members of the Executive Committee who shall fail in observance of the rules,by
laws or resolution of the Association or who has been found to tarnish the reputation of the association through misbehavior.The Executive committee may,when it deems necessary,expel such member from the membership of the Association or remove such member from the Executive Committee.The expelled member shall have no right to ask for refund of any money which he has paid to the
(2) Any member of the Association or member of the Executive Committee,who is not satisfied with the decision of the Executive Committee pertaining to his being disqualified from the Executive Committee or expelled from the Association may within 30 days,appeal in writing and request for convening a General Meeting to deal with the matter.Decision of the General Meeting shall be final.
|Rule 20||Special Provisions|
|(1) No person is allowed to take drugs,organize gambling,solicit for immoral purpose and to carry out any illegal activity at the premises of the Association.
(2) Without prior approval of the Executive Committee,no person is allowed to solicit for donation and carry out any activity in the name of the Association.
(3) No benefits as defined under Section 2 of the Societies Act,1966 shall be given by the Association to any of its members.
(4) Any person shall not hold office in the Association or become an advisor or employee of the Association if he is disqualified under Section 9A of the Societies Act,1966.
(5) Neither the Association nor its member shall engage or try to engage in any Trade Union activities as defined in the Trade Union Act,1959.
(6) All members of the Executive Committee and every officer performing executive functions in the Association shall be Malaysian Citizens.
|Rule 21||Interpretation of Constitution|
|The Executive Committee shall have the power to deal with any matter within the context of but not specifically stipulated in the constitution of the Association and shall have power to interpret the constitution of the Association and may determine any point on which constitution is silent.
|Rule 22||Amendment of Constitution|
|This constitution may not be altered or amended except by a resolution of a General Meeting.Such alteration or amendment shall take effect from the date of their approval by the Registrar of Societies.|
|Rule 23||Change of Address|
|Any member of the Association who changes his address should notify the Hon.Secretary of the Association Failing which any correspondence addressed to the former address shall be treated as valid.|
|(1) The Association should not be dissolved except with the consent of not less than three-fifth(3/5)of the total voting membership of the Association at a General
Meeting convened for such purpose.
(2) In the event of 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 by a General Meeting.
(3) Notice of dissolution shall be given to the Registrar of Societies within 14 days of such dissolution.