Rules & Constitutions

CONSTITUTION

PERSATUAN PELANCONGAN SABAH (SABAH TOURIST ASSOCIATION)

(PPM-004-12-16031966)

 

CLAUSE 1 NAME

 

1. The Association shall be known as

PERSATUAN PELANCONGAN SABAH (SABAH TOURIST ASSOCIATION)

Hereinafter referred to as "the Association".

2. Meaning of name :

3. Level : Negeri

 

CLAUSE 2 ADDRESS

 

1.    The registered address is

 

UNIT E-2-7, 2ND FLOOR, BLOCK E, TANJUNG ARU PLAZA, JALAN MAT SALLEH,

88100 KOTA KINABALU

SABAH

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

P.O. BOX 12181,

88824 KOTA KINABALU

SABAH

 

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

 

CLAUSE 3 OBJECTIVE

 

The objectives for which the Association is formed are:-

(a) To promote, develop, improve and encourage tourism, tourist trades and all other means and ways of attracting tourists, travellers and others to Sabah in particular, and to Malaysia in general;

(b) To encourage, persuade and advise residents of other States in Malaysia and residents of neighboring countries and elsewhere to spend their holidays in Sabah;

(c) To encourage and assist within the means of the Association, the improvement of accommodation, catering, entertainment, transport, tours and other related amenities for tourists, visitors, and others on holiday in Sabah and to promote the demand for handicrafts and other products made in Sabah;

(d) To promote and stimulate an interest in Sabah among tourists, travelers, tour operators, hoteliers, travel agencies and others by publishing in travel brochures, magazines, newspapers, leaflets and other mass media, photographs of and articles on places of interest to tourists, holiday-makers and others;

(e) To publish, print, circulate, sell or otherwise distribute gratuitously, handbooks, leaflets, guidebooks, magazines and other kinds of publication plus color slides and other related materials calculated to promote directly or indirectly any of the objects of the Association;

(f) To seek, encourage and promote voluntary co-operation and co-ordination in all matters pertaining to publicity on tourism, tourist trades, travels and other related matters;

(g) To guide, advise and assist Members in matters pertaining to tourism, tourists trades, exhibitions or travels and other matters within the scope of the objects of the Association;

(h) To guide, advise and assist tourists, travelers, tour operators, travel agencies and others in all matters pertaining to travel documents, customs, immigration, places of interests, accommodation, transport and other similar problems normally encountered by tourists by disseminating information and answering their enquiries;

(i) To advise and assist the Government and other local authorities or bodies in all matters with regard to the promotion and development of tourism, tourist trades and amenities and the publicity thereon;

(j) To canvas for and collect advertisements for any or all the publications of the Association to defray the cost of such publications;

(k) To promote and foster general welfare of Members and to enlist their active co-operation and assistance whenever necessary in carrying out any of the objects of the Association;

(l) To organise and hold luncheon, dinner and other functions for members and their guests;

(m) To hold, organise and conduct meetings, seminars, conferences, exhibitions or lectures on matters and problems in connection with any of the objects of the Association and to participate in all or any such meetings, seminars, conferences, exhibitions or lectures organised by other organisations or Government authorities;

(n) To establish and maintain contact with Tourist Associations and similar organisations in Malaysia and Overseas and to subscribe to or become a Member or an affiliate of such organisations;

(o) To employ and pay for the services of an Executive Secretary and other staff members as are necessary to carry out the activities of the Association;

(p) To receive and accept subscriptions, donations, grants, and other moneys from members, the Government and others and to apply the amounts so received or derived for the purpose of carrying out all or any of the objects of the Association, payment of rent, repairs, staff salaries and all necessary expenses in maintaining and running the office of the Association.

 

CLAUSE 4 MEMBERSHIP

 

There shall be three categories of Membership namely:-

 

(a) ORDINARY MEMBERSHIP

i) Ordinary Membership shall be opened to any Organisation carrying on business in Sabah and subscribing to the objects of the Association;

ii) Ordinary Members shall be entitled to vote at all General Meetings, be eligible for election to the General Committee and to hold office;

iii) Every organisation which is an Ordinary Member may nominate in writing a person fully authorised to act as its representative at any General Meeting of the Association or election to the General Committee.

 

(b) ASSOCIATE MEMBERSHIP

i) Associate Membership shall be opened to any Organisation carrying on business in the other States of Malaysia and the Federal Territories subscribing to the objects of the Association;

ii) Associate Members shall enjoy all privileges provided by the Association except they shall not be entitled to vote at any General Meetings nor be eligible for election to the General Committee or hold office.

 

(c) HONORARY MEMBERSHIP

i) Honorary Membership shall be conferred by the General Committee upon any person from the Federal or State Department, local authorities, statutory bodies or any other government agency, Association and Club in Malaysia who has given meritorious service to the Association;

(ii) Honorary Members shall not be entitled to vote at any meeting nor be eligible for election to the General Committee.

(d) For admission as an Ordinary Member and Associate Member, every applicant shall apply to the General Committee in writing in the prescribed form as per Appendix I(a), I(b) & I(c) and pay the prescribed fees on application and comply with such other conditions as the General Committee may prescribe. The General Committee may, at its absolute discretion, reject any application without assigning any reason thereof.

(e) Every Ordinary Member shall be entitled to be classified under one trade only. If such member has two or more trades, it may be classified under those trades provided it has paid the additional subscriptions for each additional classification.

(f) All members must abide by the objects of the Association and must conform to its constitution, rules, by-laws and regulations for the time being in force.

 

CLAUSE 5 RESIGNATION AND TERMINATION

 

(a) Any member may resign from the Association by giving two weeks' prior notice in writing to the Association and pay all subscriptions, fees, and dues owing to the Association. Upon the expiration of such notice, such member shall cease to be a member of the Association;

(b) Any member who has not paid his Annual subscription by 31st day of March of each year may have his name removed from the list of members at the absolute discretion of the General Committee and shall be declared as defaulter;

(c) If in the opinion of the General Committee, any member who infringes or has infringed the Constitution, Rules, By-laws or Regulations of the Association or acts or has acted in a manner detrimental to the objects of the Association or refuses or has refused to abide by the objects, constitution, rules, by-laws or regulations of the Association, the General Committee shall be empowered to demand from such member to show cause in writing why such member shall not be expelled from the Association. If such member fails to give his explanation in writing within fourteen days from the date of the letter demanding him to show cause as to why he shall not be expelled, such member shall upon expiration of the said letter, cease to be a member of the Association. However, if such a member shall submit his explanation in writing within the aforesaid period, the General Committee shall hold a meeting and shall request such a member to be present. The General Committee shall be competent to decide whether he shall be expelled or not and the decision of the General Committee shall be binding on all parties concerned unless otherwise reversed by a General Meeting upon appeal by the said member;

(d) Any member who has resigned and has paid all subscriptions, fees and dues at the date of his resignation, may at the absolute discretion of the General Committee, be re-admitted as a member on payment of the entrance fee on application for membership;

(e) Any member who has been expelled shall not be re-admitted as a member unless two-thirds of the members present in person at the meeting of the General Committee at which such application for re-admission as a member is being considered, shall decide to re-admit him as a member. Such applicant shall pay the entrance fee on application;

(f) Every member who has resigned or has been declared a defaulter or expelled or has ceased to be a Member for whatsoever reason, shall forfeit his rights and claims on the Association, its properties, assets and funds.

 

CLAUSE 6 SOURCE OF INCOME

 

6.1 ENTRANCE FEE AND SUBSCRIPTION

(a) The entrance fee for Ordinary and Associate Members shall be RM 200.00 or such other fees as may be determined by the General Committee from time to time, and approved by the Registrar of Societies, which fee shall be payable on application for membership.

(b) The subscription fee for Ordinary Members, according to classification of member's trade or interest, which shall be payable on the first day of January of each year, shall be as follows or as determined by the General Committee from time to time and approved by the Registrar of Societies:-

 

1. Accommodation - RM 300.00

2. Restaurant & Entertainment - RM 300.00

3. Transportation - RM 300.00

4. Tours & Travel Agency - RM 300.00

5. Spa, Health & Wellness - RM 300.00

6. Shopping - RM 300.00

7. Diving - RM 300.00

8. Golfing - RM 300.00

9. Destination & Attraction - RM 300.00

10. Other Tourism Related - RM 300.00

 

(c) The Annual subscription fees for Associate Members shall be RM 300.00 or such other fee as may be determined by the General Committee from time to time and approved by the Registrar of Societies.

(d) The entrance and subscription fees payable on application for membership shall be refunded to every rejected applicant.

(e) Every member who resigns shall nevertheless be liable to pay all subscriptions, fees and dues to the Association prior to the date of resignation.

(f) Upon approval by the General Committee, the collection of Membership Subscription fee may be waived or special-rated for all members during unexpected or unprecedented events such as but not limited to pandemic, health, safety and security situation where their economic activities are affected.

6.2 OTHER ACTIVITIES

(a) The Association may derive funds from business activities, donation and grants, fund raising projects, tourism events and trips and any other activities as approved by the Executive Committee.

(b) The Association must ensure any activity to be carried out obtained necessary permit or approval from relevant authorities and is conducted in accordance to all applicable rules, regulations and law.

 

CLAUSE 7 GENERAL MEETING

 

7.1 ANNUAL GENERAL MEETING

(a) The Annual General Meeting of the Association shall be held immediately after the close of the financial year but not later than 30 June.

(b) The Annual General Meeting shall compose of all Ordinary Members who have paid all subscription fees and dues seven (7) days before the date of such meeting.

(c) The notice convening the Annual General Meeting together with the Annual Report and Audited Statement of Accounts shall be sent to all Ordinary Members at least fourteen (14) days before the date of the meeting. Every notice calling for an Annual General Meeting shall specify the place, day and hour of such meeting. Notice to be sent by email or facsimile or other form of widely accepted electronic media.

(d) Any accidental omission to give notice of a Annual General Meeting to or non-receipt of such notice by any member entitled to receive such notice and vote at such meeting, shall not invalidate any resolution passed or business transacted at that meeting.

(e) The business of the Annual General Meeting shall be as follows:-

i) to confirm the Minutes of the previous General Meeting and those of any Extra-Ordinary General Meeting (if any) held since the last Annual General Meeting.

ii) to receive and if approved, to adopt the General Committee's Report, the Honorary Treasurer's Report, together with the Audited Statement of Accounts and the Report of the Auditors for the year

iii) to elect Ordinary Members to the General Committee by secret ballot for the ensuing term of two consecutive years.

iv) to confirm the appointment of nominated Honorary Members by the General Committee.

v) to appoint the Auditors and fix their remuneration for the ensuing year.

vi) to consider and deal with other matters of which thirty days' notice in writing in advance has been given and which have been approved by the General Committee.

vii) to consider and deal with such other matters of which three days' notice has been given and which have been approved by the General Committee.

 

All other business shall be treated as special and shall only be transacted at an Annual General Meeting, if prior approval of the General Committee shall have been given.

(f) The Chairman of the General Committee shall preside at the Annual General Meeting and in his absence, the Deputy Chairman. If the Deputy Chairman shall be absent or shall refuse to take the chair, then the Chairman for the Annual General Meeting shall be elected from among the members present.

(g) Unless a poll is demanded, voting on all items on the agenda of the General Meeting, with the exception of election of Ordinary Members to the General Committee (which shall be voted by secret ballot) shall be by show of hands and all matters put to vote whether by show of hands or by secret ballot shall be decided by a simple majority of members (unless specifically provided for in this constitution) present personally or represented by proxy and are entitled to vote.

(h) If a poll is demanded, it shall be taken at the meeting in such a manner as the Chairman presiding over the meeting shall direct. The result of the poll shall be deemed to be the resolution of the meeting at which the poll is taken.

(i) Two scrutineers shall be appointed to conduct the poll and report thereof to the meeting.

(j) A resolution which has on a show of hands or by secret ballot been carried unanimously or by a particular majority or if defeated, shall be conclusive and an entry to the effect in the books containing the minutes of the proceedings of the Association, shall be conclusive evidence thereof without proof of the number of proportion of the votes recorded in favour or against the resolution.

(k) At any Annual General Meeting, each Ordinary Member, who is not in arrears of any subscription owing to the Association and being present personally or represented by proxy shall be entitled to one vote on each show of hands or by secret ballot. If any such Ordinary Member has been classified under two or more trades and has paid the appropriate subscriptions for each additional classification, he shall be entitled to one vote for each classification. The Chairman, in addition to his vote as an Ordinary Member, shall be entitled to a casting vote.

(l) The quorum for the Annual General Meeting shall be one-half of the Ordinary Members.

Members who shall not be in arrears of subscriptions' fees and being present in person or represented by proxy are twice the total number of Executive Committee Members whichever is the lesser.

(m) If after half an hour from the time appointed for holding any Annual General Meeting, a quorum is not present, the meeting shall be adjourned to the same day in the week at the same time and place and if at such adjourned meeting, a quorum is not present within half an hour from the time appointed for holding the meeting, the Members present shall form a quorum and shall have the power to proceed with the business of the day, but they shall not have power to alter the rules of the Association or to make decisions affecting the whole membership.

(n) The Chairman may, with the consent of the meeting at which a quorum is present, adjourn a meeting from time to time and from place to place, as the meeting shall determine. Whenever a meeting is adjourned for ten days or more, notice of the adjourned meeting shall be given in the same manner as of an original meeting. Save as aforesaid, the members shall not be entitled to any notice of an adjournment.

(o) No business other than business which might have been transacted at the Annual General Meeting from which the adjournment took place shall be transacted at an adjourned meeting.

 

7.2 EXTRAORDINARY GENERAL MEETING

(a) An Extraordinary General Meeting of the Association shall be convened;

i) Whenever the General Committee deems it desirable, or

ii) At the joint request in writing of not less than ten Ordinary Members, stating the objects and reasons for such meeting.

(b) An Extraordinary General Meeting requisitioned by members shall be convened for a date within thirty (30) days of the receipt of such requisition.

(c) Notice and agenda for an Extraordinary General Meeting shall be forwarded by the Honorary Secretary General to all members at least twenty-eight (28) days before the date fixed for the meeting.

(d) Rule 7.1(i) and 7.1(m) regarding the quorum and the postponement of an Annual General Meeting shall apply also to an Extraordinary General Meeting, but with the provision that if no quorum is present after half an hour from the time appointed for a postponed Extraordinary General Meeting requisitioned by 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 (6) months from the date thereof.

 

CLAUSE 8 COMMITTEE

 

8.1 GENERAL COMMITTEE

(a) (i) The General Committee shall consist of not more than 30 Ordinary Members as follows:

 

- Accommodation - 5 Representatives

- Restaurant & Entertainment - 2 Representatives

- Transportation - 2 Representatives

- Tours & Travel Agency - 8 Representatives

- SPA, Health & Wellness - 2 Representatives

- Shopping - 2 Representatives

- Diving - 2 Representatives

- Golfing - 2 Representatives

- Destination & Attraction - 3 Representatives

- Other Tourism Related - 2 Representatives

 

TOTAL: 30 Representatives

 

ii) The quorum at the General Committee Meetings shall be one-half of the General Committee Members.

(b) Nominations for the 30 General Committee Members shall be made in writing and submitted to the Association at least seven (7) days before the date of the Annual General Meeting. However, nominated members required to present at the upcoming Annual General Meeting for election to the General Committee.

(c) If none or only one nomination in writing for elective members in respect of any of the aforesaid classification is received, the Chairman shall be empowered to call for such nominations from the floor on the date of the Annual General Meeting and if no nominations shall be made after the Chairman shall have made a request, the incoming General Committee shall have full power to nominate a qualified member or members to fill up the vacancy or vacancies, as the case may be.

(d) Nominations of representatives for the aforesaid classification shall be proposed and seconded and election shall be by a simple majority of votes at the Annual General Meeting. Voting shall be by secret ballot.

The members of the General Committee shall hold office until the second succeeding Annual General Meeting at which they shall retire. The office bearers of the Association and every officer performing executive functions in the Association shall be Malaysian Citizens.

(e) At the first meeting of the in-coming General Committee, the Members present at the meeting shall elect among themselves seven (7) Executive Committee Members consisting of the Following, whose term of office shall last for Two (2) consecutive years.

 

1. Chairman

2. Deputy Chairman

3. Honorary Secretary General

4. Honorary Treasurer

5. Three (3) Ordinary Executive Committee Members

 

(f) The Chairman of the General Committee shall preside at all General Meetings including the meeting at which he shall retire and at all meetings of the General Committee and shall be an Ex-officio member General committees.

(g) The office of a member of the General Committee shall be vacated if:

 

i) for whatever reasons he ceases to be in the employment of the Ordinary Member;

ii) he submits his resignation in writing to the Association;

iii) he fails to attend three consecutive meetings of the General Committee without obtaining prior permission from the Chairman for the time being unless he shall be able to furnish the General Committee with satisfactory reasons for his absence.

iv) He/she being declared a bankrupt or convicted criminal or being terminated or resigned as according to Clause 5 or his/her representative company ceased to be a member of the association due to whatsoever reasons.

(h) Any casual vacancy occurring among the elected members of the General Committee may be filled up at the absolute discretion of the General Committee.

(i) Each member of the General Committee present at the meeting shall be entitled to one vote but the Chairman shall be entitled to a casting vote in addition to his vote as a member.

(j) All proceedings, resolutions and transactions of the General Committee shall be decided by a simple majority of the members present at the meeting at which such decisions are made.

(k) Meetings of the General Committee and Executive committee shall be called by the Secretary at the request of the Chairman provided that if the Chairman shall fail or refuse to request the Honorary Secretary General to call such a meeting, the majority of the members of the General Committee or Executive Committee may do so.

 

CLAUSE 9 DUTIES OF OFFICE BEARERS

 

9.1 POWER AND DUTIES OF THE GENERAL COMMITTEE

(a) The business of the Association shall be managed by the General Committee which may exercise all such powers of the Association and carry out on behalf of the Association all such acts as may be carried out by the Association in a general meeting;

(b) The General Committee may meet from time to time for dispatch of the Association's business and may adjourn or otherwise regulate the meeting as the members shall think fit. At least seven (7) days' notice shall be given to the Members and at least one-half of the Members must be present to constitute a quorum.

(c) Any person who subscribes to the objects of the Association and fully support the Association financially or otherwise may, on the unanimous decision of the members of the General Committee present at the meeting at which such decision is made, be Patron of the Association;

(d) The General Committee shall have the powers to co-opt any member or person to serve on the Committee and shall also have powers to appoint a member to the Executive Committee should there be any vacancy;

(e) The General Committee shall cause proper minutes to be kept of the proceedings of all general meetings and meeting of the General Committee and all sub-committees. The minutes of any such meeting if purported to be signed by the Chairman of the meeting or of the next succeeding meeting, shall be conclusive evidence without further proof of the facts stated therein. A register of members shall be kept;

(f) The General Committee shall have power to employ an Executive Secretary and other staff on such terms and conditions as the General Committee from time to time determine;

(g) The Treasurer shall collect and disburse all money on behalf of the Association. He shall keep accounts of all its financial transactions and shall be responsible for their correctness.

 

9.2 POWERS AND DUTIES OF THE EXECUTIVE COMMITTEE

(a) delegated with such duties as the General Committee may decide provided that such powers and duties shall not exceed those exercisable by the General Committee. The quorum for the Executive Committee meeting shall be (4) four;

(b) The powers and duties of the Chairman shall be:-

i) to carry out the resolutions passed at the General Committee Meeting, Annual General Meeting and Extra-Ordinary General Meeting;

ii) to represent and act as spokesman of the Association in its dealings with outside persons and to delegate to another member if he is unable to attend;

iii) to act as Chairman of meetings and conferences or to delegate to the Deputy Chairman if he is unable to do so;

iv) to provide initiative and motivation to his Executive Committee Members in planning and directing the activities of the Association and to delegate the activities to the Executive Committee Members;

v) The out-going Chairman shall be called as "Immediate Past Chairman" until the next in-coming Chairman completes his/her term of office. He/she will play active roles in advisory & support for the New Executive Committee and in ensuring all current unfinished projects are continue successfully until their completion. However he/she shall not have executive power.

(c) The powers and duties of the Deputy Chairman shall be: -

i) to assist the Chairman in ensuring that all projects are carried out successfully until their completion;

ii) to initiate new projects.

(d) The powers and duties of the Honorary Secretary General shall be: -

i) To conduct the business of the Association in accordance with its rules and carry out the instructions of the General Committee and Executive Committee;

ii) He shall be responsible for conducting all correspondence and keeping all books, documents and papers except the accounts and financial records;

iii) He shall organise the meetings of the Association in accordance with its rules and record the proceedings.

 

(e) The powers and duties of Honorary Treasurer shall be: -

i) to collect and disburse all monies on behalf of the Association;

ii) to keep project account of all transactions and be responsible for their correctness;

iii) to prepare Annual income and expenditure budgets;

iv) to hold a petty cash advance not exceeding RM 200.00 at any one time;

v) he 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 maintain a membership register.

(f) Term of Office: -

(i) The Executive Committee members, elected by the General Council, for the

POSITIONS OF Chairman, Deputy Chairman, Honorary Secretary General, and Honorary Treasurer, can only hold a particular position for a maximum of two (2) consecutive terms of two (2) years each term. They can only be elected for the same position again after a lapse of one term. However, they can be elected to other positions in the Executive Committee.

 

CLAUSE 10 FINANCIAL PROVISION

 

(a) All monies received on account of the Association by the Honorary Treasurer shall be paid into the account of the Association at such bank as the General Committee shall from time to time decide;

(b) The funds of the Association may be expended for any purpose necessary for carrying out the objects of the Association and for payment of the staff salaries, allowances, administrative expenses and other necessary expenses, incurred by the Association in the normal course of business;

(c) All cheques of the Association shall be signed by the Honorary Treasurer and any one of the two other Members of the Executive Committee as appointed by the General Committee;

(d) No expenditure exceeding RM 5,000.00 in total at any one time shall be incurred without prior sanction of the General Committee.

 

CLAUSE 11 AUDITORS

 

ACCOUNTS AND AUDIT

(a) The General Committee shall cause to be kept proper books of accounts in which full, true and complete accounts shall be recorded;

(b) Once in every calendar year such accounts shall be prepared by the Honorary Treasurer and audited by an Auditing Firm and the audited statements of accounts together with the report of the Auditor thereon shall be laid before the members at the next Annual General Meeting;

(c) An auditor who must not be an office-bearer of the Association, shall be appointed at each Annual General Meeting at which the remuneration of the auditor shall be fixed;

(d) Any member may propose in writing the appointment of an auditor at an Annual General Meeting provided that such proposal in writing shall have been submitted to the Association at least ten days before the date of the meeting;

(e) If no proposal in writing shall have been received, the retiring auditor shall be eligible for re-appointment;

(f) The financial year of the Association shall be from the 1st day of January and end on 31st day of December.

 

CLAUSE 12 PROPERTY ADMINISTRATOR

 

(a) All immovable properties whatsoever belonging to the Association shall be vested in the trustees who shall be Ordinary Members of the Association;

(b) The Trustees, not less than two or more than four in number, shall be appointed by the General Committee Meeting and shall hold office during the pleasure of the Association;

(c) A Trustee may be removed from office by the General Committee, if he shall be:-

i) ill health;

ii) of unsound mind;

iii) a bankrupt;

iv) absent from Malaysia or

v) unable to perform his duties satisfactorily for whatsoever reason.

(d) In the event of death, resignation or removal of trustees, the vacancies shall be filled by the General Committee;

(e) The Trustees shall not sell, withdraw, transfer, mortgage, lease, rent, exchange or otherwise deal in any of the properties of the Association without the consent and authority of the General Meeting;

(f) The trustees shall be bound to carry out all directions and resolutions of the General Committee or of the General Meetings in respect of all matters pertaining to the properties of the Association vested in them;

(g) The Trustees shall be bound to carry out all the directions and resolutions in writing purporting to be signed by the Chairman of the Association.

 

CLAUSE 13 INTERPRETATION

(a) In these rules, words importing the singular number only shall include plural number and vice versa; words importing the masculine gender only shall include the feminine gender and words importing persons shall include corporations.

(b) All decisions involving interpretation of the rules of the Association shall be voted upon at such meeting of the General Committee and shall be recorded in the minutes of such meeting. The decision of the General Committee shall be final and binding on all parties concerned unless and until countermanded by a resolution of the General Meeting.

 

CLAUSE 14 ADVISOR/ PATRON

 

NIL

 

CLAUSE 15 PROHIBITION

 

(a) 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, bankers' game and all games of mere chance.

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

 

CLAUSE 16 AMENDMENT OF CONSTITUTION

 

(a) The existing rules or any part thereof may only be amended, rescinded, altered or otherwise changed by resolution at a General Meeting of the Association and no such amendments, rescissions, alterations or changes shall be enforced until the same have all been approved by the Registrar of Societies and shall take effect from the date of the approval of the Registrar of Societies.

(b) Any member who is entitled to attend and vote at a General Meeting may submit in writing to the General Committee any proposals to amend, rescind, alter or change any part of the existing constitution and rules. On receipt of such proposals of the General Committee at its next meeting shall decide whether or not such proposals should be accepted or accepted with modification. The resolutions shall be circulated to all Ordinary Members for their consideration at the General Meeting.

(c) Notwithstanding any provisions hereinbefore contained, at least two-thirds of the members present personally or represented by proxies and entitled to vote thereon shall approve such resolutions before they can be declared as carried.

 

 

CLAUSE 17 DISSOLUTION

 

(a) The Association shall be dissolved only with the consent of at least two-thirds of the Ordinary Members present personally or represented by proxies and are entitled to vote thereon at an Extraordinary General Meeting specially convened for the purpose at which such resolution is considered.

(b) In the event of a dissolution of the Association, all debts and liabilities legally incurred on behalf of the Association and the cost and expenses of winding up shall be first fully discharged and the remaining funds, assets and properties, if any, shall be disposed of as directed by the Extraordinary General Meeting convened for this purpose. The decision of the Extraordinary General Meeting shall be final and binding on all parties concerned.

(c) Notice of dissolution shall be given within fourteen (14) days of the dissolution to the Registrar of Societies.

 

CLAUSE 18 FLAG, LOGO AND BADGE

 

1. Flag

-

 

Description

-

 

2. Logo


Description

There shall be an official emblem with the following characteristics:-

 

(a) The emblem shall consist of the State of Sabah's natural and ethnic attractions in the form of Mount Kinabalu, the Rafflesia, the Hornbill, the Sompoton and the rolling seas with the name of the Association written in English beneath the Emblem.

(b) The Sompoton is a local musical instrument, at the background is Mt. Kinabalu, the Rafflesia is the largest flower in the world and the Hornbill can only be found in Borneo.

 

(c) Those stylised elements are nicely composed to form an overall design reflecting good management of the Tourism Industry.

(d) The splashes symbolizes the fun-filled activities, notably the white water rafting, one of many Sabah's adventure tour packages.

(e) The Colour Blue depicts that the Land of Sabah enjoys blue sky, blue seas and the Mountains look blue from a distance.

 

3. Badge

-

 

Description

-

 

CLAUSE 19 PROXIES

 

(a) At any General Meeting of the Association, Ordinary Members who are entitled to attend and vote at the meeting, may do so personally or by proxy.

(b) An instrument appointing a proxy shall be in writing under the hand of the appointer as per Appendix II and shall be deposited with the Honorary Secretary General not less than forty-eight hours before the time appointed for holding the meeting, otherwise it shall not be valid. An Ordinary Member can hold a maximum of one proxy only.

(c) A proxy shall be an employee or attorney of an Ordinary Member of the Association entitled to attend and vote in the meeting. No other persons, even if he shall so be appointed, shall be recognised by the Association as a proxy.

 

CLAUSE 20 NOTICES

 

(a) A notice or any other documents may be served by the Association on any member either personally or by sending it through the post in a prepaid letter and addressed to such member at such address as appearing in the register of members;

(b) Any notices or documents, if served or sent by post shall be deemed to have been served or delivered at the time when the letter containing the same is put into the post and in proving such service or sending, it shall be sufficient to prove that the letter containing the said notice or documents was properly addressed and put into the post office as a prepaid letter;

(c) Any notice or documents when given or served by exhibition or publication in any newspaper shall be deemed to be given or served on the date on which the same is exhibited or published.

CLAUSE 21 PRESCRIBED FORMS

 

(a) The prescribed Membership Application Form is annexed hereto.

(b) The Nomination Form and Proxy shall be in accordance with the specimen annexed hereto.