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.