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Constitutions

RULES OF PERSEKUTUAN PERSATUAN PEMILIK BENGKEL KERETA MALAYSIA 

  1. NAME
  2. PLACE OF BUSINESS
  3. LOGO - AS PER APPENDIX A
  4. AIMS AND OBJECTS
  5. MEMBERS
  6. ENTRANCE FEES, SUBSCRIPTIONS AND PROCEDURE FOR MEMBERSHIP APPLICATION
  7. RESIGNATION AND TERMINATION
  8. GENERAL MEETING
  9. 9(A) NOMINATION AND ELECTION PROCEDURES FOR COMMITTEE MEMBERS / 9(B) EXECUTIVE COMMITTEE
  10. DUTIES OF OFFICE BEARERS
  11. FINANCIAL PROVISIONS
  12. AUDIT
  13. ADMINISTRATION OF PROPERTY
  14. INTERPRETATION
  15. ADVISOR / PATRON
  16. PROHIBITIONS
  17. AMENDMENTS OF RULES
  18. DISSOLUTION

 

ARTICLE 1 : NAME

The name of this Association shall be called PERSEKUTUAN PERSATUAN PEMILIK BENGKEL KERETA MALAYSIA (THE FEDERATION OF AUTOMOBILE WORKSHOP OWNERS' ASSOCIATION OF MALAYSIA) hereinafter referred as " FAWOAM ".

ARTICLE 2 : PLACE OF BUSINESS

The registered place of FAWOAM shall be at the No. 8-2, 2nd Floor, Jalan 2/46A, Taman Niaga Waris, Off Jalan Kuching, 51200 Kuala Lumpur, Malaysia. The registered place of the FAWOAM shall not be changed without the prior approval of the Registrar of Societies.

ARTICLE 3 : LOGO - AS PER APPENDIX A

The FAWOAM logo will be described as per appendix A.

ARTICLE 4 : AIMS AND OBJECTS

The Aims and Objects of the Association shall be as follows :

(1) To Promote, preserve and protect the interests of all automobile workshop owners in the country ;

(2) To promote and enhance the automobile repair services through education and training ;

(3) To promote knowledge of and compliance with regulations ;

(4) To act as a spokesman for the automobile repair industry in its dealings with Government, private sector bodies and any other institutions ;

(5) To provide services and programmes designed to make the automobile repair industry more professional, successful and profitable ;

(6) To encourage initiative and enterprise in the belief that competition best serves the motoring consumers and the industry ;

(7) To maintain and enhance the image of the industry ;

(8) To perform any other services pertinent to the functions of FAWOAM ;

(9) Social Welfare.

ARTICLE 5 : MEMBERS

The members of FAWOAM [ hereinafter referred to as the " Members " ] shall comprise of the following categories, namely :

(1)     Constituent Members

Any registered Automobile Workshop Association at state level in Malaysia is eligible to apply to become a constituent member of FAWOAM [ hereinafter referred to as the " Constituent Members " ].

(2)     Associate Members

Any trade association related to automobile repair industry of a national level in Malaysia may apply to become as associate member of FAWOAM [ hereinafter referred to as the " Associate Members " ].

ARTICLE 6 : ENTRANCE FEES, SUBSCRIPTIONS AND PROCEDURE FOR MEMBERSHIP APPLICATION

(1)

(a) Application for membership ( Constituent and Associate ) shall be submitted to the secretary general who shall present the same to the committee for consideration. The Committee reserves the right to reject any application without assigning any reason whatsoever therefore.

(b) The entrance fee and subscription for each constituent member shall be as follows:-

Entrancefee                             RM 2,000.00

Yearly subscription                   RM 1,000.00

(c) The entrance fee and subscription for each Association Member shall be as follows:-

Entrancefee                             RM 2,000.00

Yearly subscription                   RM    600.00

(2) All yearly subscription shall be payable to the Treasurer by the end of March of the current year.

(3) The committee shall reserve the right to terminate the membership of any member who defaults in payment of subscription for two (2) consecutive years from the date as stipulated as in Article (6) (1b) and (1c).

(4) The committee shall have the power to fix a re-entrance fee for any person who has allowed his membership to lapse through arrears.

(5) Special subscriptions or levies for particular purposes may be raised from members by resolution of the general meeting of FAWOAM. If any member fail to pay such subscription within such period as may be resolved, the amount due shall be treated in the same way as arrears of yearly subscription.

(6) FAWOAM may establish to acquire building and financial investment building fund and funds for social welfare, charitable and economic purposes, and implement projects for raising the respective fund from the public, subject to approval of the relevant authorities if required. The management and regulations the funds, including the building fund, shall be the prerogative of the committee.

ARTICLE 7 : RESIGNATION AND TERMINATION

(1) Any member who wishes to resign from FAWOAM shall give two (2) weeks notice in writing to the secretary and shall pay up all dues.

(2) Any member who fails to comply with the rules of the society or has acted in a manner to bring disrepute upon FAWOAM may be expelled so suspended for a period of time as the committee deems fit. Before the committee expels or suspends the member, the member shall be informed of the grounds for such expulsion or suspension in writing and be given an opportunity to explain and clear himself in person. Such suspension or expulsion shall be enforced, unless otherwise reversed by a general meeting upon appeal by the said member.

ARTICLE 8 : GENERAL MEETING

(1) The supreme authority of FAWOAM is vested in a general meeting of the members. At least thirty-five (35) of the voting membership of FAWOAM must be present at a general meeting for its proceedings to be valid and to constitute a quorum.

(2) If one hour after the time appointed for the meeting a quorum is not present, the meeting shall be postponed to a date ( not exceeding 30 days ) to be decided by the executive committees, and if a quorum is not present one hour after the time appointed for the postponed meeting, the members present shall have the power to proceed with the business of the day but shall not have the power to alter the rules of FAWOAM or make any decision affecting the whole membership.

(3) An annual general meeting of the society shall be held as soon as possible after the close of each financial year but not later than April on a date and a time and place to be decided by the executive committees. The business of the annual general meeting shall be:-

(a) To receive the minutes of the previous annual general meeting ;

(b) To receive the committee's report on the working of the society during the previous year ;

(c) To receive the Treasurer's report and the audited accounts of the society for the previous year ;

(d) To elect a committee and to appoint auditor for the terms of three (3) years in election year ;

(e) To deal with such other matters as may be put before it.

(4) The secretary shall send to all members at least thirty (30) days before the meeting an agenda including copies of minutes and reports, together with the audited accounts of FAWOAM for the previous year. Copies of these documents will also be made available at the registered place of business of the society for the perusal of members.

(5) Proposed resolution in writing by constituent members shall be submitted and received by the secretariat at least fourteen (14) days before the date of Annual General Meeting. The committee reserves the right to reject any proposed resolution(s) which in its view contravenes in conflict with the Articles herein or those proposed resolutions submitted after the closing date. The committee shall have the right to consolidated, modify or reject any proposed resolution.

(6) An extraordinary general meeting of FAWOAM shall be convened:-

(a) The President may convene an Extraordinary General Meeting wherever he deems necessary;

(b) An Extraordinary General Meeting shall be convened at the joint request of at least four (4) Constituent Members provided that the matter to be discussed shall not contravene any provision of the Articles herein. Notice of meeting shall be given to all Members within twenty-one (21) days from the date of receipt of such request.

(c) The quorum, procedures and rules of the Extraordinary General Meeting shall be the same as that of the Annual General Meeting.

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

(e) 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.

(f) Article 8 (1) and (2) of this rules 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 one hour from the time appointed for a postponed Extraordinary General Meeting requisitioned by the members, the meeting shall be cancelled, and no Extraordinary General Meeting shall be requisition for the same purpose until after the lapse of at least six (6) months from the date thereof.

(7) The secretary shall forward to all members a copy of the draft minutes of each annual and extraordinary general meeting as soon as possible after its conclusion.

ARTICLE 9 : 9(A) NOMINATION AND ELECTION PROCEDURES FOR COMMITTEE MEMBERS

(1)     Nomination of candidates (delegates)

(a) Any Constituent Members shall have the right to appoint five (5) candidates (delegates) to stand for election on the prescribed nomination form, which must be signed by both the President and Secretary-General of the respective Constituent Member.

(b) All candidates (delegates) must be the Constituent Member's present committee members. All delegates shall have the right to elect and be elected.

(c) Completed nomination forms shall be submitted to the Secretary-General at least seven (7) days before the Annual General Meeting of an election year.

(2)     Voting Method

Voting shall be secret ballot. Members must be present in order to vote. Proxy and absentee ballots are not permitted.

(3)     Inspectors of Election

At all votes by ballot, the Chairman of such meeting shall, immediately before the commencement of the balloting, appoint a committee of three (3) who shall act as " Inspector of Election " and who shall, at the conclusion of such balloting, certify in writing to the Chairman the results.

(4)     Election / Appointment Process

(a) Election of the President, Deputy President and four (4) Vice Presidents:

Candidates shall be current committee members and delegates of the Constituent Members. Voting shall be exercised by the current delegates of all Constituent Members.

(b) Election of twenty-one (21) Executive Committee Members:

Candidates shall be current committee members and delegates of the Constituent Members. Voting shall be exercised by the current delegates of all Constituent Members.

(c) Appointment of a maximum of six (6) Executive Members:

The Executive Committee at any time after the first Executive Committee Meeting shall be entitled to appoint up to a maximum of six (6) individuals to be Executive Committee Members.

(d) Appointment of a maximum of two (2) Executive Committee Members by the President:

The President, with the approval of the majority of the Executive Committee Members shall appoint up to a maximum of two (2) individuals to be Executive Members.

(e) Election of two (2) Auditor:

The auditor shall be required to the audit accounts of the Association for the year, and to prepare a report for the Annual General Meeting.

ARTICLE 9 : 9(B) EXECUTIVE COMMITTEE

(1) A Executive Committee shall consist of not more than twenty-nine (29) committee member, which must be current serving as committee members of a constituent members, comprising the following:-

(a) Twenty-one (21) Executive Committee Members which are elected among delegates appointed ( exclusive of two (2) Auditor );

(b) A maximum six (6) Executive Committee Members to be appointed in the committee meeting to form the committee ;

(c) A maximum of two (2) Executive Committee Members to be appointed by the President.

(d) Elected to office bearers shall comprise the following at the Annual General Meeting:

(i)      1 President

(ii)     1 Deputy President

(iii)    4 Vice President

(iv)    1 Secretary-General

(v)     1 Assistant Secretary-General

(vi)    1 Treasurer

(vii)   1 Assistant Treasurer

(viii)  11 Ordinary Committee Members

(ix)    8 Appointed Committee Members

(e) The President shall, with the concurrence of the Executive Committees, establish relevant working committees, [ hereinafter referred to as the working committees ] as may be deemed necessary to accomplish the objective of FAWOAM, the working committees include:

(i)      Insurance

(ii)     Disciplinary

(iii)    Recreation

(iv)    Diplomacy

(v)     Complaint

(vi)    Trade

(vii)   Technical

(viii)  Member Service

(ix)    Planning

(f) The working committees members shall attend the committee meeting, but do not have the right to vote, unless they are also Executive Committee Members.

(2) All office-bearers of FAWOAM and every officer performing executive functions in the society shall be MALAYSIAN CITIZENS.

(3) Names, for the above officers in Article (9) (9B)(1)(d) shall be proposed and seconded and election will be by a simple majority vote of the members at the Annual General Meeting. ALL the office-bearers shall be eligible for re-election for the time of three (3) years.

(4) 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 shall not act contrary to the expressed wishes of the general meeting without prior reference to it and shall always remain subordinates to the general meeting, it shall furnish a report to each Annual General Meeting on its activities during the previous year.

(5)

(a) The Executive Committee shall meet at least three (3) times during the period between the last and the next Annual General Meeting. At least fourteen (14) days' written notice of meeting shall be given to all Executive Committee Members and the quorum shall not less than eight (8) of the total number of the existing Executive Committee Members at the material time.

(b) An Emergency Executive Committee Meeting may be convened at the written requisition by at least eight (8) of the Executive Committee Members, stating the agenda for the meeting, and duly communicated and received by the FAWOAM Secretariat.

Notice of the Emergency Committee Meeting shall be given to all Executive Committee Members at least forty-eight (48) hours before the meeting. The quorum shall be not less than eight (8) of the total number of the existing Executive Committee Members at the material time.

(6) A Presidential Committee comprising of the President, the Deputy President, the four (4) Vice Presidents, the Secretary-General and the Treasurer shall be formed to attend any urgent matter requires attention. Presidential Committee Meeting may be called by the President when he deems necessary. The Presidential Committee shall be conveyed by e-mail, fax, or sms to all Presidential Committee Members at least twenty-four (24) hours prior to the meeting date and time. The details of any business conducted at a Presidential Committee Meeting shall be fully conveyed at the next held committee meetings, the presence of at least five (5) of the Presidential Committee Members will constitute a quorum.

(7) Where any urgent matter requiring the approval of the Executive Committee arises and it is not possible to convene a meeting, the Secretary may obtain such approval by means of a circular letter. The following conditions must be fulfilled before a decision of the Executive Committee is deemed to have been obtained:-

(a) The issue must be clearly set out in the circular and forwarded to all members of the Executive Committee;

(b) At least one-half of the members of the Executive Committee must indicate whether they are in favour or against the proposal ; and

(c) The decision must be by a majority vote.

Any decision obtained by circular through letter shall be reported by the Secretary to the next Committee Meeting and recorded in the minutes thereof.

(8) Any member of the Executive Committee who fails to attend three (3) consecutive meetings of the Executive Committee without satisfactory explanation shall be deemed to have resigned from the Executive Committee.

(9) In the event of the death or resignation of a member of the Executive Committee, the Executive Committee shall have the power to co-appoint any other member of the society to fill the vacancy until the next election of office-bearers.

(10) 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 officers and such staff as it deems necessary, it may suspend or dismiss any officers or member of the staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decision of the committee, or for any reason which it deems good and sufficient in the interest of society.

(11) The Executive Committee may appoint any sub-committee for any purpose arising out of or connected with any of the duties, function and aims laid down under the rules. Any members from the Constituent Member can become members of these sub-committee.

(12) All Office-Bearers, Honourary President(s), Honourary Adviser(s) and members of all Working Committee(s) shall hold office for three (3) years until the next election of the Executive Committee whichever is earlier [ hereinafter referred to as a " Term " ] and shall be eligible for re-election or re-appointment.

(13) All Committee Members shall hold office for three (3) years until the next election of the Executive Committee.

(14) The President where one shall not hold consecutively for more than two (2) terms unless he or she received written request by a two-thirds (2/3) majority of the existing Constituent Member where he or she will eligible to stand for the post again for additional one (1) term only.

ARTICLE 10 : DUTIES OF OFFICE BEARERS

(1)     President

The president shall be a member ex officio, with a right to vote on all committees. The duties and responsibilities of the President include the following :

(a) He shall lead FAWOAM and supervise the management and affairs of FAWOAM;

(b) He shall be the principle representative of FAWOAM in dealing with external affairs;

(c) He shall convene and preside at all membership meetings;

(d) He shall establish and / or dissolve Working Committee(s) for the smooth running of FAWOAM, whenever necessary; to nominate, appoint and / or terminate Honourary Advisers, the chairmen and deputy chairmen for respective Working Committees in consultation with the Executive Committee;

(e) He shall engage, suspend or dismiss any staff and to deal with matters pertaining to remuneration and fringe benefits of the staff with the approval of the Committee;

(f) He shall be the deciding vote in the case of a tie vote;

(g) He shall be one of the Officers who sign cheques, drafts or legal document of the Association.

(2)     Deputy President

The duties of the Deputy President shall include the following :

(a) The Deputy President shall deputies for the President during the latter's absence;

(b) He shall familiarize himself with the actions, duties and responsibilities of the President;

(c) He shall receive and execute any and all duties and responsibilities delegated to him by the President;

(d) He shall remain current with all aspects of the issue, activities and needs of his division. He shall report to the President on these on and ongoing basis, and shall report to the Committee on these at the Committee Meeting.

(3)     Vice Presidents

In the case absence of the President and Deputy President, the Vice Presidents shall deputies for them.

(4)     Secretary-General

The duties of the Secretary-General shall include the following :

(a) He shall attend to the affairs of FAWOAM both internally and externally as delegated by the President; and / or assigned by the Executive Committee and supervise the staff;

(b) He shall give and serve all notices to members of the Association and shall receive and conduct all correspondences on behalf of the Association;

(c) He shall prepare, under the direction of the Committee, an Annual Report of the transactions and condition of the Association;

(d) He shall sign all cheques on behalf of Association in conjunction with the President and the Treasurer;

(e) He shall file annual return in 60 days after the Annual General Meeting to Register of Society.

(5)     Assistant Secretary-General

He shall assist the Secretary-General in carrying out his duties and shall act for him in his absence.

(6)     Treasurer

The duties of Treasurer shall include the following :

(a) He shall be the custodian of all funds of the organization;

(b) He shall be responsible for the financial matters of FAWOAM, including but not limited to its monies, vouchers and accounts ;

(c) He shall keep accurate books of account, showing at all times the amount of money in possession and shall render, from time to time, full and complete records to the organization as to income, disbursements and balance on hand;

(d) He shall deposit all sums received in an account or accounts in the name of the Association in such bank, banks or savings institutions approved by the Committee;

(e) He shall prepare and present the duly audited accounts for the financial year for the approval of the Committee and the Annual General Meeting;

(f) He shall, in conjunction with the President and the Secretary-General, sign all cheques on behalf of the Association.

(7)     Assistant Treasurer

He shall assist the Treasurer in carrying out his duties and shall act for him in his absence.

(8)     The ordinary committee members shall carry out such duty as directed by the President or the Committee.

ARTICLE 11 : FINANCIAL PROVISIONS

(1) Subject to the following provisions in this rules, the funds of the Society may be expended for the purpose necessary for the carrying out of its objects, including the expenses of its office-bearers and paid staff, and the audit of its accounts, but they shall on no account be used to pay the fine of any member who may be convicted in a court of law.

(2) The Treasurer may hold a petty cash advance not exceeding Ringgit Malaysia One Thousand And Five Hundred (RM 1,500.00) at any one time. All money in excess of this sum shall within seven (7) days of receipt be deposited in a bank approved by the Committee. The bank account shall be in the name of the Society.

(3) All cheques or withdrawal notices on Society's account shall be signed jointly by the President, the Secretary or the Treasurer. In the absence of the President, the Secretary or the Treasurer for a long period, the Committee shall appoint one of its members to sign in his place.

(4) No expenditure exceeding Ringgit Malaysia Twenty-Five Thousand (RM 25,000.00) at any one time shall be incurred without the prior sanction of the committee. Expenditure less than Ringgit Malaysia Twenty-Five Thousand (RM 25,000.00) at any one time may be incurred by the President together with the Secretary or the Treasurer.

(5) As soon as possible after the end of each financial year, a statement of receipts and payments and a balance sheet for the year shall be prepared by the Treasurer and audited by the Auditors appointed under the Article (12). The audited accounts shall be submitted for the approval of the next Annual General Meeting, and copies shall be made available at the registered place of business of the Society for the perusal of members.

(6) The financial year of the Society shall commence on the 1st January and end on the 31st December every year.

ARTICLE 12 : AUDIT

(1) Two (2) persons, who shall not be office-bearers of the Society, shall be appointed, by the Annual General Meeting as Honorary Auditors. They shall hold office for only one (1) term three (3) years and may not be reappointed.

(2) The Auditors shall be required to audit the accounts of the Society for the year, and to prepare a report for the Annual General Meeting. They may also be required by the President to audit the accounts of the Society for any period within their tenure of office, at any date, and to make a report to the committee.

ARTICLE 13 : ADMINISTRATION OF PROPERTY

(1) The immovable property of the Society shall be registered in the name of the Society. The Society shall appoint three (3) officers of the current committee members as the Properties Administration Officers pursuant to Section 9(b) of the Societies Act 1966, whose appointments are authenticated by a certificate of the Registrar of Societies. They will serve in this capacity for the duration of their term of office in the Committee. They will automatically cease to hold that position when their term of office ends.

(2) They are not empowered to sell, mortgage or transfer the property of the Society unless given the authority to do so by the General Meeting.

(3) In the event that a post falls vacant, the Committee shall have the power to co-opt any other member of the Society to fill the vacancy until the next Annual General Meeting.

ARTICLE 14 : INTERPRETATION

(1) 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.

(2) Except where they are contrary to or inconsistent with the previously laid down by the general meeting, the decisions of the Executive Committee shall be binding on all members of the Society unless and until countermanded by a resolution of a general meeting.

ARTICLE 15 : ADVISOR / PATRON

The Executive Committee shall if it deems fit and necessary appoint qualified persons to be the Advisor or Patron of the Society. The person appointed must give his consent in writing.

ARTICLE 16 : PROHIBITIONS

None of any games of mere chances shall be played in the premises of the association in accordance to the First and Second Schedule of the Common Gaming Houses Act 1953.

ARTICLE 17 : AMENDMENTS OF RULES

(1) The Articles herein may be amended on the proposal of the Executive Committee and / or any four (4) Constituent Members with the prior approval of the Executive Committee and by a vote of at least a two-thirds (2/3) majority of the members present and voting at a General Assembly.

(2) Any amendment approved by such General Assembly shall be submitted to the Registrar of Societies for approval within sixty (60) days thereof, and shall only become effective and operative upon the approval by the Registrar of Societies.

(3) The Executive Committee shall have the power to deal with any matter(s) within the context and spirit of the Articles herein which are not specifically provided, and any decision made and / or action take thereof shall be binding on all members unless and until resolved otherwise in a General Assembly.

ARTICLE 18 : DISSOLUTION

(1) In the event of special reasons having been put forward for the dissolution of the Association. Extraordinary General Meeting shall be called to discuss the issue. The Meeting shall have three-fifths (3/5) of the total membership present and the decision on the dissolution of the Association shall be adopted by a three-fifths (3/5) majority vote of those delegates present at the Meeting.

(2) In the event of the Association being dissolved as provided above, all debts and liabilities legally incurred on its behalf shall be fully discharged, and the remaining funds shall be disposed of in such a manner as may be decided upon by the General Meeting.

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