Persatuan Hospis Sarawak Undang-Undang Tubuh

Sarawak Hospice Society Constitution

 

RULES AND CONSTITUTION OF PERSATUAN HOSPIS SARAWAK

(Sarawak Hospice Society)

 

Rule 1: NAME AND REGISTERED ADDRESS

 

1.1 The Society shall be known as Persatuan Hospis Sarawak (Sarawak Hospice Society) hereinafter referred to as “the Society”

 

1.2 The registered address of the Society shall be as follow: Ground Floor, Lot 564 Lorong Rubber 6, 93400 Kuching, Sarawak and shall not be changes without the prior approval of the Registrar of Society.

 

Rule 2: LOGO AND MOTTO

 

2.1 The logo of the Society shall be a heliconia flower of six orange petals whith a green stem on a white background. It is a flower which grows together in bushes, in the wild. Thus it symbolizes togetherness, team work and resilience. The orange colour symbolises commitment to hospice work and the green represents strength and unity in hospice ideals.

 

2.2 The facsimile of the logo is as appended below

 

2.3 The motto of the Society shall be “YOU MATTER”

 

Rule 3 OBJECTIVES OF THE SOCIETY

 

3.1 The Society is established for educational and charitable objects within Sarawak. In particular the Society is to foster and promote the principles of hospice and Palliative Care for people with a progressive and terminal cancer disease and the families, care givers and the community in Sarawak, and in particular:

 

(a) to establish and provide the provision of Hospice service in Kuching;

(b) to provide training in hospice/palliative care in Sarawak;

(c) to disseminate such information to the general community and to the professional, para-professional and volunteer care givers through education and community awareness programmes, and

(d) to do research in palliative care and related work.

 

3.2 The promotion of cancer education, early cancer detection and proper cancer management to the community in Sarawak. Such objects are to be achieved by:

 

(a) co-operating with government and other public bodies or persons having interest in the activities of the Society,

(b) public lectures by persons approved by the Society,

(c) co-operation with the public press,

(d) to acquire information and knowledge relevant to the Objects,

(e) printing, publishing and circulation of pamphlets and leaflets relevant thereto with the approval of the authority concerned,

(f) research in palliative care work, and

(g) fostering national and international co-operation in activities relating to the above Objects.

 

Rule 4 MEMBERSHIP QUALIFICATION

 

4.1 There shall be four types of memberships:-

 

(a) Individual Members Any person of Malaysia citizen and non-citizen with valid work permit, of good character, eighteen years of age and above and who has interest in promoting the objects and activities of the Society and residing in Sarawak shall be eligible for membership.

 

(b) Institution Members Any institution or company incorporated having interest in the objects of the Society shall be eligible for membership. Such member shall be eligible to nominate one representative to attend General Meeting, to vote or to be voted to hold office in the Society.

 

(c) Life Membership Life membership shall be open to any individual, institution in 4.1 (a) and 4.1 (b) above upon payment of an entrance fee in one lump sum of RM500 for individual Member or RM5,000 for Institutional Member and shall be exempted from paying annual subscription.

 

(d) Honorary Membership It shall be conferred on members of the public who had made valuable contribution of service to the Society. The Executive Committee shall be empowered to elect the Honorary members of the Society subject to the approval of the General Meeting by two thirds majority vote. Such members shall not be eligible to vote at meetings nor shall they be eligible to hold office. They shall not be liable to pay any entrance fee and subscriptions payable under Rule 7.1.

 

4.2 Individuals, institutional and Life memberships shall have the same rights and enjoy the same privileges. Honorary members shall be eligible for the same privileges except the voting rights.

 

4.3 For the purposes of these Rules:

 

(a) “masculine gender” shall apply to “feminine gender”

(b) member shall include Individual, Institutional, Life and Honorary members.

 

5: APPLICATION FOR MEMBERSHIP

 

5.1 Every application for membership shall be proposed and seconded by two existing members of at least two years standing, and shall be forwarded to the Secretary who shall, at the first convenient opportunity, submit to the Executive Committee for approval. The executive Committee may at its discretion, reject any application without assigning any reason thereof.

 

5.2 Every applicant whose application has been approved as aforesaid shall, upon payment of the prescribed entrance fee and the first annual subscription, be admitted as a member of the Society and shall be entitled to all the privileges of membership.

 

Rule 6: MEMBERSHIP REGISTER

 

The Secretary shall keep Membership Registers as follows:

 

INDIVIDUAL/LIFE MEMBER INSTITUTIONAL MEMBER
a) Serial Number a) Serial Number
b) Date of Admission b) Date of Admission
c) Name c) Name
d) Date and Place of Birth d) Date and Place of Registration
e) Identity Card Number e) Certificate of Registration
f) Nationality f) Number of Membership
g) Occupation and Office Address g) Registered Address of Institution
h) Home Address h) Remark
i) Remark


Rule 7: ENTRANCE FEE, SUBSCRIPTION AND OTHER DUES

 

7.1 The entrance fee and subscription payable shall be as follows: -

 

Individual Members Institutional Members
a) Entrance Fee RM20 RM2,000
b) Annual Subscription Fee RM10 RM500

 

 

7.2 All annual subscription shall be payable to the Treasurer in advance within the first quarter of each year.

 

7.3 Any member who allows his arrears to exceed one year subscription shall receive a written notification signed by or on behalf of the Secretary and shall be denied the privileges of membership until he settles his account.

 

7.4 Any member who allows his arrears to exceed two years’ subscriptions shall automatically cease to be a member of the Society, and the Executive Committee may direct that legal action be taken against him, provided that it is satisfied that he has received due notice of this debts.

 

7.5 The Executive Committee shall have the power to fix or waive whichever it deems fit a re-entrance fee for any member who has allowed his membership to lapse through arrears.

 

7.6 Special subscription or levies for particular purposes may be raised from members by resolution of the General Meeting of the Society. If any member fails to pay such subscription within such period as may be resolved, the amount due shall be treated the same way as arrears of annual subscription.

 

Rule 8: PATRONS/ADVISORS

 

Patrons/Advisors may be elected at a General Meeting on the proposal of the Executive Committee.

 

Rule 9: ANNUAL GENERAL MEETING

 

9.1 An Annual General Meeting of the Society shall be held as soon as possible after the close of each financial year on a date and at a time and place to be decided by the Executive Committee but not later than 31st March. The business of the Annual General Meeting shall be:-

 

(a) To receive the Executive Committee’s report on the working of the Society during the previous year;

(b) To receive the Treasurer’s report and the audited accounts of the Society for the previous year;

(c) To elect an Executive Committee biennially and to appoint auditors for the ensuing year;

(d) To deal with such other matter as may be put before it.

 

9.2 A preliminary notice of the Annual General Meeting stating the date, the time and the place and calling for motions for discussion and motions for amendment of the rules shall be sent by the Secretary to all members not later than twenty one (21) days before the date fixed for the meeting, and this notice shall also be prominently displayed at the registered office/address of the Society.

 

9.3 Motions for discussion at the meeting must be sent to reach the Secretary not later than fourteen (14) days from the date of the preliminary notice.

 

9.4 The Secretary shall send to all members at least seven (7) days before the Meeting an agenda including copies of minutes and reports, motions and the audited accounts of the Society for the previous year. Copies of these document will also be made available at the registered office/address of the Society for the perusal of members.

 

Rule 10: EXTRAORDINARY GENERAL MEETING

 

10.1 An extraordinary general meeting of the Society shall be convened:

 

(a) Whenever the Executive Committee deems it desirable, or

(b) at the joint request in writing of not less than ten members, stating the objectives and reasons for such meeting. An Extraordinary General Meeting requisitioned by members shall be convened for a date within thirty (30) days of the receipt of such requisition. Notice and agenda for an Extraordinary General Meeting shall be forwarded by the Secretary to all members at least fifteen (15) days before the date fixed for the meeting.

 

QUORUM AND POSTPONEMENT OF GENERAL MEETING

 

The Quorum for any General Meeting shall be at least twice the number of the Committee Members or one-half of the total voting membership/representative whichever is the lesser. 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 date decided in accordance with paragraph 14.2 above,

 

(a) an Annual General Meeting shall proceed to business provided that such Meeting shall not amend these Rules.

(b) An Extraordinary General Meeting requisitioned by the members shall be cancelled and no Extraordinary General Meeting shall be requisitioned for the same purpose until a lapse of six months from the date thereof.

 

EXECUTIVE COMMITTEE

 

(a) An Executive Committee consisting of the following who shall be termed the office-bearers of the Society, shall be elected biennially at the Annual General Meeting:

 

One Chairman, One Vice-Chairman, One Honorary Secretary, One Honorary Treasurer, Five Ordinary Committee Members.

 

(b) All members of the Executive Committee and every officer performing executive functions in the Society shall be Malaysian. However, non Malaysian citizen may be appointed or elected to hold office with the approval of the Registrar of Societies.

 

12.2 Names for the above offices shall be proposed and seconded and biennial election will be by a simple majority vote of the voting members/representatives at every alternate Annual General Meeting. All the office-bearers shall be eligible for re-election.

 

12.3 The function of the Executive Committee is to organize and supervise the day-to-day activities of the Society and to make decisions on matters affecting its running within the general policy laid down by the General Meeting. The Executive Committee may not act contrary to the expressed wishes of the Annual General Meeting without prior reference to it and shall always remain subordinate to the General Meeting. It shall furnish a report to each Annual General Meeting on its activities during the previous year.

 

12.4 The Executive Committee shall meet at least once every three months and seven (7) days notice of each meeting shall be given to the members. The Chairman acting alone, or not less than three of its members acting together may call for a meeting of the Executive Committee to be held at any time. At least one half of the Executive Committee must be present for its proceedings to be valid and to constitute a quorum.

 

12.5 Any member of the Executive Committee who fails to attend three consecutive meeting of the Executive Committee without satisfactory explanation shall be deemed to have resigned from the Executive Committee.

 

12.6 In the event of death or resignation of a member of the Executive Committee, the candidate who received the next highest number of votes at the previous election for the post affected shall be invited to fill the vacancy. If there is no such candidate or if such candidate declined to accept office, the Executive Committee shall have the power to fill the vacancy until the Annual General Meeting.

 

12.7 The Executive Committee shall give instruction to the Secretary and other officers for the conduct of the affairs of the Society. It may appoint such organizers and such staff as it deems necessary. It may suspend or dismiss any organizer or member of the staff for neglect of duty, dishonestly, incompetence, refusal to carry out the decision of the Executive Committee, or for any other reason which it deems good and sufficient in the interest of the Society.

 

12.8 Except where they are contrary or inconsistent with the policy previously laid down by the General Meeting, the decision of the Executive Committee shall be binding on all members of the Society unless and until countermanded by the resolution of a General Meeting.

 

Rule 13: DUTIES OF OFFICE BEARERS

 

13.1 The Chairman shall during his term of office, preside at all General Meetings and all meetings of the Executive Committee and shall have the casting vote and shall sign the minutes of each meeting at the time they are approved.

 

13.2 The Vice-Chairman shall deputise for the Chairman during the latter’s absence.

 

13.3 The Secretary shall conduct the business of the Society in accordance with its rules, and shall carry out the instructions of the General Meeting and of the Executive Committee. He shall be responsible for conducting all correspondence and keeping all books, documents and papers except the accounts and financial records. He shall attend all meetings and record the proceedings.

 

13.4 The Treasurer shall be responsible for the finance of the Society. He shall keep accounts of all its financial transactions and shall be responsible for their correctness.

 

Rule 14: FINANCIAL PROVISION

 

14.1 The financial year of the Society shall commence on 1st January annually.

 

14.2 The income and property of the Society and profit derived from participation in any business or investment shall be applied solely for the furtherance, promotion and execution of the objects of the Society and no portion thereof shall be paid or transferred directly or indirectly by way of dividend or bonus or otherwise to the person or persons who at any time are or have been members of the Society or any person claiming through them. But nothing herein contained shall prevent the payment in good faith of remuneration to any office-bearer or servant of the Society or to any member thereof or other person in return for any service actually rendered to the Society.

 

14.3 The Treasurer may hold a petty cash advance not exceeding two hundred Ringgit at any time. All money in excess of this sum shall, within seven days of receipt, be deposited in a bank approved by the Executive Committee. The bank account shall be in the name of the Society.

 

14.4 All cheques or withdrawal notices on the Society’s account shall be signed jointly by the chairman (or in his absence the Vice-Chairman or the Secretary) and the Treasurer. In the absence of the Treasurer, the Executive Committee shall appoint one of its members to sign in his place.

 

14.5 No expenditure exceeding four hundred Ringgit at any one time shall be incurred without the prior sanction of the Executive Committee and no expenditure exceeding four thousand Ringgit at any one time shall be incurred without the prior sanction of a General Meeting.

 

14.6 As soon as possible after the end of such financial year, a statement of income and expenditure shall be prepared by the Treasurer and audited by the auditor/auditors appointed under Rule 18. The audited account shall be submitted for the approval of the next Annual General Meeting and copies shall be made available at the registered office/address of the Society for the perusal of members.

 

Rule 15: AUDIT

 

15.1 One or more person, who shall not be office-bearers of the Society, shall be appointed by the Annual General Meeting as auditors. He/They shall hold office for one year and may be re-appointed.

 

15.2 The Auditor/Auditors shall be required to audit the accounts of the Society for the year, and to prepare a report of the certificate for the Annual General Meeting. He/They may also be required by the Chairman to audit the accounts of the Society for any period within his/their tenure of office at any date and to make a report to the Executive Committee.

 

15.3 The annual audited accounts and the list of Executive Committee members (if there is any change) shall be submitted annually to the Director General of Inland Revenue, Malaysia at his head office in Kuala Lumpur.

 

Rule 16: ANNUAL RETURN

 

The Secretary shall, within 28 days after the holding of the Annual General Meeting of the Society, forward to the Registrar of Societies an annual return in the prescribed forms.

 

Rule 17: APPOINTMENT OF OFFICERS UNDER SECTION 9(b) OF THE SOCIETIES ACT, 1966

 

17.1 Three Officers who must be office-bearers and over 21 years of age shall be appointed biennially at the Annual General Meeting for the purpose of Section 9 (b) of the Societies Act, 1966.

 

17.2 They shall hold office for two years and shall be eligible for re-election.

 

17.3 The officers appointed under this rule shall deal with the immovable property of the Society in such manner as the General Meeting may direct provided that all immovable properties shall be registered in the name of the Society.

 

17.4 The officers shall not sell, withdraw or transfer any of the properties of the Society without the consent and authority of a General Meeting.

 

17.5 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 up by an Extraordinary General Meeting convened for that purpose.

 

Rule 18: SUB-COMMITTEE

 

The Committee shall have power to appoint sub-committees for the furtherance of the objects of the Society as it may deem fit and to delegate to sub-committees such powers as it may deem fit and to delegate to sub-committees such powers as it may consider necessary and expedient, and to withdraw from sub-committees all or any of the powers to delegate and revoke all such appointments. Any sub-committee so appointed shall, in exercising the powers so delegated, conform to any of the regulations that may from time to time be imposed upon it by the Committee.

 

Rule 19: CHANGE OF ADDRESS

 

Every member shall notify the Secretary of his change of address, failing which any letter, circular or notice sent to his last registered address, shall be deemed to have been given to and received by such member for any purpose provided by these Rules.

 

Rule 20: RESIGNATION

 

Any member may resign his membership by giving to the Secretaryj notice in writing to the effect. Every such notice shall, unless otherwise expressed, be deemed to take effect as from the first day of January next following the receipt thereof.

 

Rule 21: EXPULSION OF MEMBERS

 

21.1 The Committee may, if at any time it shall of the opinion that in the interests of the Society so require, by letter invite any Member to withdraw from the Society within such time as is specified in such letter, and in default of such withdrawal to submit the question of his expulsion to an Extraordinary General Meeting to be held within six weeks after the date of such letter. Not less than four weeks notice of the Meeting shall be given to the Member. It shall be the duty of the Secretary to inform the Member in question of the time and place of the Meeting and the nature of the complaints against him in sufficient time to afford him a proper opportunity of offering his explanations. At such meeting, the member shall be allowed to offer an explanation of his conduct verbally or in writing, and if thereupon, two thirds of the members present shall vote for his expulsion, he shall thereupon cease to be a member of the Society. Provided that the voting at any such Extraordinary General Meeting shall be balloted if not less than five members present thereat shall so demand. It shall be in the power of the Executive Committee to exclude such member from the Society's premises until such Extraordinary General Meeting is held as required above.

 

21.2 No person/Institution who has been expelled from the Society under Paragraph 9.1 above shall at any time readmit as a member. However, a person may reapply for admission as a member and upon such application be made, the Executive Committee shall have the power to consider the application so made and readmit such person if it appears to the Executive Committee fit and proper to do so having regard to the circumstances of the case.

 

Rule 22: EFFECT OF CEASING TO BE A MEMBER Any person shall, upon ceasing to be a member of the Society, whether on account of resignation or expulsion, forfeit all rights to any claim upon the Society and its property and funds.

 

Rule 23: INJURIES TO MEMBERS

 

The Society shall not be liable in respect of the death of or any injury sustained by any member or his guests arising in any way whatsoever from his membership of the Society or from his use or enjoyment of the Society, its amenities, privileges or facilities or otherwise howsoever arising.

 

Rule 24: DAMAGES/REMOVAL OF PROPERTY

 

24.1 Any member of the Society breaking or damaging any article or property of the Society shall pay the cost of repairing or replacing it, if he is called upon to do so by the Executive Committee.

 

24.2 No book, periodical, newspaper or any other property of the Society shall be removed from the Society without the consent of the Executive Committee.

 

Rule 25: BY-LAWS

 

The Committee may make, repeal and alter by-laws which are not consistent with these rules. All by-laws or rescissions and alterations thereof shall be posted on the notice board in the Society's premises for a fortnight, during which time any 20 members, may by notice in writing to the Secretary, require the opinion of an Extraordinary General Meeting to be taken thereof. If no such notice be given, the by-laws or rescissions or alterations thereof shall become binding on all members.

 

Rule 26: SPECIAL PROVISIONS

 

26.1 No benefits as defined under Section 2 of the Societies Act, 1966 shall be given by the Society to any of its members.

 

26.2 Any person shall not hold office in the Society or become an Adviser or employee of the Association if he is disqualified under Section 9A of the Societies Act, 1966.

 

26.3 The premises of the Society shall be used solely for the objects of the Society.

 

26.4 All money and profit accruing to the Society from participation in any business or investment shall be applied solely towards the furtherence, promotion and execution of the objects of the Society and no portion thereof shall be paid by way of dividend, bonus or profit to any member of the Society provided that nothing herein expressed or contained shall prevent the payment in good faith or remuneration or expenses or both to any officer or servant of the Society, or other person for services actually rendered by him or them to the Society.

 

Rule 27: INTERPRETATION OF RULES

 

Between Annual General Meetings the Executive Committee shall interpret the rules of the Society and, when necessary, determine any point on which the rules are silent.

 

Rule 28: AMENDMENT OF RULES

 

These rules may not be altered or amended except by resolution of a General Meeting and with prior approval of the Director General of Inland Revenue, Malaysia. Such alterations or amendments shall take effect from the date of their approval by the Registrar of Societies.

 

Rule 29: DISSOLUTION

 

29.1 The Society may be voluntarily dissolved by a resolution of not less than three-fifths of the total voting membership/representative at a General Meeting convened for the purpose.

 

29.2 In the event of the Society being dissolved as provided above, all debts and liabilities legally incurred on its behalf shall be fully discharged. Any remaining funds shall be donated to the Government or to other similar charitable objects approved by the Director General of Inland Revenue, Malaysia.

 

29.3 Notice of dissolution shall be given to the Registrar of Societies within 14 days of such dissolution.

 

Logo of PERSATUAN HOSPIS SARAWAK

(Sarawak Hospice Society)