CONSTITUTION

CONSTITUTION OF D'ANJUNG TELUK PULAI RESIDENTS' ASSOCIATION

1. NAME 1.1 The Association shall be known in Bahasa Malaysia as Persatuan Penduduk D'Anjung Teluk Pulai, Klang, Selangor and in English as the D'Anjung Teluk Pulai Residents’ Association, Klang, Selangor (hereinafter referred to as “the Association”).

2. REGISTERED ADDRESS AND PLACE OF MEETING 2.1 Currently The registered address and place of meeting of the Association at No:47,Lorong Sembilang 8B/KS03 2.2 The registered address shall not be changed without the prior approval of the Registrar of Societies.

3. OBJECTS 3.1 The objects of the Association shall be:  To bring the residents of D'Anjung Teluk Pulai (hereinafter referred to as “the Community”) closer to one another as one big family. To promote the welfare of the residents of the Community. To promote goodwill, harmony and unity among the residents of the Community and render mutual assistance. To mutually protect the prestige and interests of the residents in the Community. To promote sporting and social activities amongst the residents of the Community. To carry out all lawful actions that in the opinion of the Executive Committee promotes and advances the interests of the residents of the Community To improve the living conditions of the residents of the Community.

4. MEMBERSHIP 4.1 The members of the Association shall be: (a) Ordinary Member: -  Membership for Ordinary Members shall be limited to house owners and residents of the Community who are above 18 years of age. (b) Honorary Member: - The Executive Committee may invite an individual to become an Honorary Member. Honorary Members shall not be required to pay any annual fees and are not entitled to vote or to hold any office in the Association. (c) Supplementary Member: - Effective from 1st January 2012, all households shall have only One (1) Ordinary Member. The Membership for the spouse and the children (above 18 years of age only) of the Ordinary Member shall be classified as “Supplementary Member”. All Supplementary Memberships are available on application by the Ordinary member on their behalf the moment a resident or house-owner of the Community joins the Association as an Ordinary Member. In addition, all households shall have only One (1) Principal Supplementary Member, which choice, on application should be indicated by the Ordinary Member.

5. APPLICATION FOR ORDINARY MEMBERSHIP 5.1 The following rules shall apply: (a) Applications for Ordinary Membership shall be made by completing the prescribed form together with the payment of RM10.00 being the registration fees for membership. (b) The completed form and registration fees shall be forwarded to the Secretary who shall submit them to the Executive Committee for approval. (c) The Executive Committee shall have the discretion to approve or reject any application for membership and need not give any reasons for its decision. The Executive Committee shall indicate its approval by completing the prescribed form. Registration fees shall be refunded to the applicant in the event his application is rejected.

6. ORDINARY MEMBERSHIP FEE 6.1 Effective from 1st January 2012, all Ordinary Members shall pay an annual fee of RM10.00 and any other fee at such rate as the AGM may from time to time determine. 6.2 The payment for annual subscription shall fall due on the 1st day of January of each year. 6.3 Effective from 1st January 2010, All Ordinary members can elect to pay the annual fee of RM 10.00 and any other fee at such rates as the AGM may from time to time determine, Five (5) years in advance, by credit cardCas

7. DEFAULT IN PAYMENT OF ANNUAL SUBSCRIPTION 7.1 Any member who is in arrears of subscription for more than three (3) consecutive years after it has fallen due, shall cease to be a member of the Association. 7.2 Any member whose membership has ceased pursuant to Clause 7.1 may have the membership reinstated provided that he has paid his arrears within three (3) months from the date of cessation of membership. 7.3 Any member whose membership has ceased and is not reinstated under Clause 7.2 may reapply for Ordinary Membership in accordance with the provisions of Clause 5.

8. CESSATION OF MEMBERSHIP 8.1 A member shall cease to be a member of the Association under the following circumstances:  (a) By tendering a notice of resignation in writing at least two (2) weeks before the date of resignation. (b) Upon death. (c) Upon being declared insane or of unsound mind. (d) By being expelled by the Executive Committee due to any misconduct or action that is deemed prejudicial to the interests of the Association or for any other reasons as may be determined by the Executive Committee. (e) By defaulting in the payment of subscription as stated in Clause 7.

9. AUTHORITY OF THE ASSOCIATION 9.1 The supreme authority to decide upon any matters pertaining to the Association shall vest upon all members voting during an AGM or EGM. 9.2 Upon the conclusion of an AGM or EGM, the Executive Committee shall organise and direct the implementation of all decisions made during an AGM or EGM.

10. ANNUAL GENERAL MEETING 10.1 The quorum of Ordinary Members for an AGM shall be half (1/2) of the total Ordinary Members of the Association or twice the number of members in the Executive Committee, whichever is the lesser. The Chairman of the AGM shall be the President or in his absence the Vice-President. 10.2 If there is no quorum to hold an AGM half an hour after the time set for the meeting, the Executive Committee shall postpone the meeting to another date not exceeding 30 days from the date of the AGM. If there is no quorum to hold the postponed AGM half an hour after the time set for the meeting, the Executive Committee shall then proceed with the business of the AGM, provided that the Executive Committee shall not make any decisions altering the rules and constitution of the Association or any decisions that will affect all the members of the Association. 10.3 The AGM of the Association shall be held immediately after the close of each financial year and not later than 31st March on a date, time and place to be decided by the Executive Committee. The business of the Annual General Meeting shall be: (a) To receive the Executive Committee’s report on the activities and progress made by the Association during the previous year; (b) To receive the Treasurer’s report and the audited accounts of the Association for the previous year; (c) To elect a new Executive Committee and to appoint auditors for the ensuing 2 years. (d) To deal with other matters as may be approved by the AGM. 10.4 The Secretary shall send to all members, a notice stating the date, time, place of meeting of the AGM including an agenda, copies of minutes, reports, and the audited accounts of the Association for the previous year at least 14 days before the meeting. Copies of these documents shall be made available at the registered address or place of meeting of the Association for the members.

11. EXTRAORDINARY GENERAL MEETING 11.1 An EGM of the Association shall be convened either: (a) at the request of the Executive Committee when necessary (b) at the request of one-fifth (1/5) of the Ordinary Members in writing, stating the objects and reasons for such meeting. 11.2 An EGM requested by Ordinary Members shall be convened within thirty (30) days from the date of such request. 11.3 The Secretary shall forward the notice and agenda for the EGM to all members of the Association at least fourteen (14) days before the date fixed for the meeting. 11.4 The quorum for an EGM shall be the same as with the requirement for an AGM as specified in Clause 10.1. 11.5 If there is no quorum to hold an EGM half an hour after the time set for the meeting, the Executive Committee shall postpone the meeting to another date not exceeding 30 days from the date of the EGM. If there is no quorum to hold the postponed EGM half an hour after the time set for the meeting, the Executive Committee shall then proceed with the business of the EGM, provided that the Executive Committee shall not make any decisions altering the rules and constitution of the Association or any decisions that will affect all the members of the Association. However if there is no quorum from a postponed EGM that was requested by the Ordinary Members, that EGM shall be deemed cancelled, and no EGM shall be called for the same purpose until the lapse of at least six (6) months from the date thereof.

12. AGENDA FOR ANNUAL GENERAL MEETING 12.1 The agenda shall include the following: (a) The President’s address. (b) To confirm the minutes of the previous AGM and/or EGM. (c) To receive, approve and to adopt upon approval the Executive Committee’s report on the condition and progress of the Association; (d) To receive, approve and adopt upon approval the audited statement of accounts for the previous financial year; (e) To elect new Executive Committee members (f) Any other business specified by the Executive Committee on the Agenda.

13. PROCEDURE ON VOTING 13.1 At any AGM or EGM only Ordinary Members and Principal Supplementary Members shall be entitled to vote. 13.2 Every Ordinary Member and Principal Supplementary Member is entitled to one (1) vote for each resolution placed on the Agenda. Voting for each resolution on the Agenda shall be carried out by a show of hands of Ordinary Members present during the meeting. Every ordinary resolution shall carry upon a vote by the majority. 13.3 Voting by proxy shall not be allowed. In the event that the voting results in a tie, the Chairman of the meeting shall cast an additional vote to break the tie.

14. PROCEDURE ON SPECIAL RESOLUTIONS 14.1 An Ordinary Member or Principal Supplementary Member may give notice to the Executive Committee specifying his or her intention to propose a special resolution at any meeting. 14.2 A special resolution shall carry at a first meeting by a vote of Ordinary Members and Principal Supplementary Members with a majority of not less than three-fourth (¾) and must be confirmed by a second vote by the majority at a second meeting held not less than fourteen (14) days but not more than one (1) month from the day of the first meeting. 14.3 The Chairman of the meeting shall make a declaration that the special resolution has been carried. 14.4 Every special resolution shall be signed by the Chairman of the meeting and countersigned by the Secretary. A copy of the duly executed special resolution shall be sent to the Registrar of Societies.

15. MINUTES OF MEETINGS 15.1 All issues raised and decisions made at the AGM and/or EGM shall be recorded in the Minutes Book which shall be signed by President and countersigned by the Secretary as soon as it is approved.

16. PROCEDURE ON AMENDMENTS OF THE ASSOCIATION’S CONSTITUTION 16.1 Any amendments to this constitution shall be subject to the following: (a) Any proposal to amend any Clause in this Constitution shall be forwarded to the Secretary in writing and shall be signed by the proposer and seconder who both shall be Ordinary Members or Principal Supplementary Members of the Association. (b) The Executive Committee shall consider the proposal, and shall include the proposal in the agenda of the AGM or an EGM convened for that purpose. (c) No decision to amend this Constitution shall be valid unless the proposal is approved by not less than two-thirds (2/3) of Ordinary Members present and voting at the AGM or EGM convened for that purpose. If the amendment is approved by the Ordinary Members during an AGM and/or EGM, the amendment shall be forwarded to the Registrar of Societies within twenty-eight (28) days after the meeting and the amendment shall not come into force until it has been approved by the Registrar of Societies.

17. THE EXECUTIVE COMMITTEE 17.1 The Executive Committee shall consist of the following office bearers who shall be Malaysian Citizens, or non-Malaysians only if prior approval has been given by the registrar of Societies, and shall be elected during an AGM: (a) A President; (b) A Vice-President; (c) A Secretary; (d) An Assistant Secretary; (e) A Treasurer; (f) An Assistant Treasurer; and (g) A minimum of five (5) Ordinary Committee Members.  17.2 The elected office bearers may co-opt not more than thirty (30) members as Ordinary Committee Members. All co-opted Ordinary Committee members shall be members of the Executive Committee.   17.3 Candidates for office-bearers shall be proposed and seconded by Ordinary Members and Principal Supplementary Members. The office bearers shall be elected by a simple majority vote by Ordinary Members during an AGM. All office-bearers shall be eligible for re-election each year.

18. FUNCTION OF EXECUTIVE COMMITTEE 18.1 The functions of the Executive Committee are: (a) To organise and supervise the day to day activities of the Association (b) To make decisions on matters affecting the running of the Association within the general policy laid down by the AGM  (c) To furnish a report to each AGM on the Association’s activities during the previous year.

19. ATTENDANCE, MEETINGS AND QUORUM OF THE EXECUTIVE COMMITTEE 19.1 Any member of the Executive Committee who fails to attend five consecutive meetings without giving a satisfactory explanation shall be deemed to have resigned from the Executive Committee. 19.2 The Executive Committee shall meet at least once every (3) three months, and before a meeting is held a notice shall be given to each member seven (7) days before the meeting. The President by himself or not less than four members of the Executive Committee together may call for a meeting of the Executive Committee to be held at any time. The quorum for an Executive Committee meeting shall be half (1/2) of the total Executive Committee members.

20. RESIGNATION OF EXECUTIVE COMMITTEE MEMBERS 20.1 Any member of the Executive Committee who wishes to resign may do so in writing to the Executive Committee. In the event that the President, the Vice-President, the Secretary or the Treasurer resigns, the Executive Committee shall have the power to elect a member from the Executive Committee by a simple majority vote to the office so vacated and such elected office bearers shall hold office until the next AGM. 20.2 In the event of a vacancy arising among Ordinary Committee Members, the Executive Committee shall have the power to co-opt a new member from among the Ordinary Members to fill the vacancy until the next AGM.

21. APPOINTMENT AND DUTIES OF THE AUDITOR 21.1 An Auditor shall be elected to be the auditor of the Association at every AGM. The elected auditor is eligible to be re-elected every year but shall not be a member of the Executive Committee. 21.2 The Auditor’s duties are to audit the Association’s annual account and to present a report of the annual account before the members of the Association at every AGM.

22. DUTIES OF THE OFFICE-BEARERS 22.1 The President (a) To keep the official seal (if any) of the Association (b) To represent the Association in its dealings with parties outside the Association (c) To preside over the AGM, EGM and all meetings of the of the Executive Committee  (d) To have the casting vote and to sign the minutes of each meeting at the time they are approved  (e) In conjunction with the Secretary or Treasurer, to sign all cheques on behalf of the Association.   22.2 The Vice-President (a) To assist the President in all his duties and to act on behalf of the President during his absence. 22.3 The Secretary (a) To arrange for and attend meetings; (b) To record and minute the proceedings of all meetings; (c) To prepare the Annual Report for submission to all members of the Association during the AGM; (d) To maintain records, papers and membership registers of the Association (e) To sign correspondences on behalf of the Association. 22.4 The Assistant Secretary (a) To assist in carrying out duties the Secretary and to carry out the relevant duties in the absence of the Secretary. 22.5 The Treasurer (a) To keep proper accounts of all monies received and expended; (b) To prepare and submit a Statement of Accounts at the Executive Committee meetings; (c) To prepare a statement of Receipts & Payments and a statement of Assets & Liabilities to be audited by the Auditor and to be presented at the AGM (d) To prepare a list of debtors and creditors to be presented at the AGM.  22.6  The Assistant Treasurer  (a)  To assist in carrying out duties the Treasurer and to carry out the relevant duties in the absence of the Treasurer. 22.7 Ordinary Committee Members (a) Duties shall be decided from time to time by the Executive Committee.

23. OBLIGATIONS AND RIGHTS OF THE MEMBERS OF THE ASSOCIATION 23.1 Obligations of Ordinary Members (a) To pay fees and dues in accordance with this Constitution (b) To abide by this Constitution and any resolutions which may be passed from time to time by the Executive Committee (c) To attend meetings when notified.   23.2 Rights of Ordinary Members (a) To elect or be elected into the Executive Committee (b) To voice opinions at any Association meeting (c) To vote on any issue raised at any Association meeting (d) To be entitled to all other privileges specified in this Constitution.   23.3 Obligations and Rights of Supplementary members. (a) The Obligations and Rights of all Principal Supplementary Members shall be the same as that for an Ordinary Member, save and except for the obligation to pay fees and dues in accordance to clause 23.1 (a) of the Constitution of PPDTP . (b) The Obligations and Rights of all other Supplementary Members shall be the same as that for an Ordinary Member, save and except for the obligation to pay fees and dues in accordance to clause 23.1 (a) of the Constitution of PPDTP  and the right to vote on any issue raised at any Association meeting. 23.4 Obligation and rights of Honorary Members (a) Honorary Members shall be entitled to all privileges as provided by the Association except the right to vote, nominate and elect or be elected to hold office in the Executive Committee.

24. PROHIBITIONS 24.1 The Association SHALL NOT: (a) Engage in any form of political activities (b) Have any affiliation or connection with any society or Association established outside Malaysia (c) Allow the following games in the premises of the Association: Roullete, Lotto, Fan Tan, Poh Peh Bin, Belangkai, Pai Kau, Tan Ngau, Tien Kow, Chap Ji Kee, Sam Cheong, Twenty One, Thirty One, Ten and a half, all   games of dice, banker’s games, all video games and any games of chance (d) Hold any lottery in the name of the Association or its office-bearers, committee or members   (e) Attempt to restrict or in any other manner interfere with trade or prices or engage in any Trade Union activities as defined in the Trade Union Ordinance, 1959.

25. FINANCES 25.1 The Financial year shall be from 1st January to 31st December of every calendar year.  25.2 The Executive Committee may expend funds from the Association for the purposes of achieving the Association’s objectives.  25.3 The Executive Committee shall have the power to raise funds to cover any deficit in the Association’s funds should the Association’s annual expenditure exceed its annual income. 25.4 The Executive Committee shall have the power to claim and collect any fees due from Ordinary Members of the Association. 25.5 The Association shall maintain a bank account in its own name. The Treasurer may hold petty cash not exceeding RM200.00 at any one time. In the event that the Treasurer receives more monies than the allowed amount, then the Treasurer shall deposit them in a bank account approved by the Executive Committee within seven (7) days of receipt of the monies. 25.6 All cheques issued from the Association’s bank account shall be signed by the Treasurer and countersigned by the President or the Secretary. 25.7 Any individual expenditure exceeding RM1,000 incurred in any one (1) month requires the sanction of or approval by the Executive Committee. Any individual expenditure equal to or below RM 1,000.00 requires the approval of the President and the Secretary or Treasurer. Any Capital expenditure of any amount requires the sanction of or approval by the Executive Committee.  All payments exceeding 200.00 shall be made out by cheque. 25.8 As soon as possible at the end of each financial year, a statement of Receipts, Payments and a Balance Sheet for the year shall be prepared and audited by the Auditor. The audited accounts shall be submitted for approval during the next AGM. Copies of the audited accounts shall be made available to all members of the Association.

26. BOOKS, REGISTERS OR RECORDS TO BE MAINTAINED 26.1 The following documentation shall be maintained by the Association: (a) A register of all members of the Association (with details such as names,addresses, identity card numbers, date of admission as a member of the Association and date of termination of membership) (b) An account book showing all financial transactions of the Association   (c) A book for recording minutes (d) A book recording of subscription fees paid by members   (e) Any other relevant books that are deemed by the Executive Committee to be necessary.

27. DISSOLUTION OF THE ASSOCIATION 27.1 The Association may be dissolved by a resolution passed by Ordinary Members of not less then three-fifths (3/5) of the total membership. 27.2 In the event the Association is dissolved, all debts and liabilities legally incurred by the Association shall be fully discharged, and the remaining funds shall be disposed of in such manner as may be decided upon at an AGM or EGM. 27.3 The Notice of dissolution shall be forwarded to the Registrar of Societies within fourteen (14) days of its dissolution.