NEW RULES CONSTITUIION OF

(Confederation Of Chinese Community Associations

Of Sabah And Labuan)
Rule 1. Name
The Association shall be known as GABUNGAN PERSATUAN TIONG HUA SABAH DAN
LABUAN. (CONFEDERATION OF CHINESE COMMUNITY ASSOCIATIONS OF SABAH AND
LABUAN) hereinafter referred to as The Association.

Rule 2. Registered Address

Its registered address shall be 4th floor, Hong Kim Hall, No. 37-39, Jalan Dua, P. O. Box No. 385,
90704 Sandakan, Sabah or at Such other place or places as may from time to time decided on by
the Committee.
The registered address of the Association shall not be changed without the prior approval of the
Register of Societies.

2A. Logo and Flag :

Logo
1. Description : The logo of the Association shall consist of the two Chinese Characters in white on a circular
dark blue background and surrounded by the five petals of the flower Rafflesia with background
sky blue in colour.
There shall be an outer blue circle with the name of Association in Chinse and Bahasa Malaysia.
2. Meaning of the Logo : a)

The two Chinese characters stand for the abbreviated name of the Association in the
Chinese Language.

b)

The blue background indicates the unity within all the members of the Confederation.

c)

The five petals of the Rafflesia flower represent the abundance of natural resources in
Sabah.

d)

The sky blue background indicates the co-operation of all members and their
contribution to Sabah.

Flag
1. Description :
The flag of the Association is yellow in colour and rectangular in shape and measuring 6 X 3
bearing the LOGO of the Association.

2. Meaning of the Colour Used :

Colour yellow represents the prosperity of the Confederation.

Rule 3. Aims and Objectives

The aims and objectives of the Association shall be as follows: (i)

To co-ordinate and promote better relationship among the various Chinese Communities.

(ii)

To discuss and resolve problems faced by the Chinese Communities.

(iii)

To unite and provide for the welfare of its members without contravening the definition of
benefits under Section 2 of the Societies Act, 1996.

(iv)

To promote educational, cultural, welfare and economic activities in line with the policies of the
nation.

(v)

To promote and foster understanding of all races in the state of Sabah and the Federal Territory
of Labuan in particular and Malaysia in general.

Rule 4. Membership
There shall be two categories of membership as follows : a) Federated Association Membership
Open to all registered federated Chinese Community associations in Sabah and the Federal
Territory of Labuan. (Hereinafter referred to as Federated Association Members.)

b) Individual Association Membership

Open to all registered Chinese Community associations in Sabah and the Federal Territory if
Labuan which do not have a federated association or where there is such a federated
association it is not a member of the Association (hereinafter referred to as Individual
Association member.)
Upon the setting up of their own federated association and upon such federated association
becoming a member of the Association, the membership of such Individual Association Member

shall automatically cease and shall henceforth be represented by the relevant federated
association under the Federated Association Membership.

PROVIDED THAT : (1) If upon request by the Association, such Chinese ommunity association confirms in writing that
it is not a member of such federated association, it may continue its membership of the
Association under Individual Association membership; or
(2) If the federated association to which the Chinese community association belongs shall resign its
membership from or otherwise cease as a member of the Association, the said Chinese
community association whose membership under Category (b) has previously ceased pursuant
to this Rule may apply to be reinstated as an Individual Association Member of the Association.

Rule 5. Entrance Fees, Subscription and Other Dues

(i)

The entrance fee and subscription payable as follows: Federated Association Member
Individual Association Member

(ii)

Entrance Fee
RM 1,000.00
RM 0,200.00

Annual Subscription
RM 500.00
RM 100.00

Every application for membership shall be on a prescribed form and shall be forwarded to the
Secretary who will at the first convenient opportunity sumbit it to the Committee for approval.

(iii)

Any member of the Association who has been de-registered by the Registrar of Societies or
dissolved shall automatically cease to be a member of the Association.

Rule 6. Privileges of Members

(i)

A Federated Association Member shall be entitled to appoint eight (8) delegates to attend the
General Meeting of the Association, the Chief Delegate whereof shall be the Chairman or
President of the Federated Association Member provided that if the Chairman or President be
absent from such Genral Meeting, he may nominate in writing one of the delegates as the Chief
Delegate for the purpose of exercising his powers and privileges thereat and the number of the
delegates shall be remain at eight (8). The delegates shall be eligible to vote at such General
Meeting and subject to Rule 10 to hold office in the Association.

(ii)

An Individual Association Member shall be entitled to appoint two (2) delegates to attend the

General Meeting of the Association, the Chief Delegate whereof shall be the Chairman or
President of the Individual Association Member provided that if the Chairman or President shall
be absent from such General Meeting, he may nominate in writing one of the delegates as the
Chief Delegate for the purpose of exercising his powers and privileges thereat and the number
of delegates shall remain at two (2). The delegates shall be eligible to vote at such General
Meeting and subject to Rule 10 to hold office in the Association.

Rule 7. Obligation of Members

(i)

All members besides paying the annual subscription shall also pay special subscription or
levies for particular purposes as decided by the Committee or the General Meeting.

(ii)

All members have to comply with the rules and constitution of the Association and to adhere to
the resolution decided during the Committee Meeting or General Meeting so as to up-keep the
reputation of the Association.

Rule 8. General Meeting

The Supreme Authority of the Association is vested in a General Meeting of members.

Rule 9. Committee
The management of the affairs of the Association shall be vested in a committee comprising the
following: 1 Chairman
1 Deputy Chairman
6 Vice Chairmen
1 Secretary
1 Assistant Secretary
1 Treasurer
1 Assistant Treasurer
1 Cultural Director
1Education Director
1 Welfare Director
1 Economic Director
9 Ordinary Committee Members

Rule 10. Election and Appointment of Committee

(i)

The Committee, who shall be termed the office-bearers of the Association, shall be elected or
appointed at every alternate Annual General Meeting.

(ii)

The office of the Chairman, Deputy Chairman, four )4) Vice Chairmen, Cultural Director,
Education Director, Welfare Director, Economic Director and seven (7) Ordinary Committee
Members shall be elected at every alternate Annual General Meeting.

(iii)

Only the Chairman or President of the members of the Association shall be eligible to be
elected as the Chairman, Deputy Chairman and Vice Chairman of the Association. In the case
of the two (2) appointed Vice Chairmen, they should likewise be the Chairmen or Presidents of
the respective members of the Association. The other office-bearers may be elected from
amongst the delegates to the Annual General Meeting.

(iv)

Nominations for the elective positions of the office-bearers shall be proposed and seconded
and their elections shall be by simple majority vote of the delegated at the Annual General
Meeting at which elections shall be held.

(v)

The elected Chairman of the Association with the consent of the elected Deputy Chairman and
elected Vice Chairmen shall appoint two 2) additional Vice Chairmen to the Committee.

(vi)

The elected Chairman of the Association with the consent of the elected Deputy Chairman and
elected Vice Chairman shall appoint a Secretary, an Assistant Secretary, a Treasurer, an
Assistant Treasurer and two (2) Ordinary Committee Members to the Committee, provided that
such appointees shall be members of the Federated Association Members of Individual
Association Members.

Rule 11. Voters

In the event of two or more persons obtaining the same number of votes in the election, the matter
shall be determined by the drawing of lots.

Rule 12. Citizenship and Term of Office of Committee Members

(i)

The office-bearers of the Association and every Officer performing executive functions in the
Association shall be Malaysian citizens.

(ii)

The terms of office of the Committee Members and Auditor are two years and hey shall be

eligible for re-election.

Rule 13. Duties of the Committee

(i)

To execute all resolutions decided by General Meetings.

(ii)

To organise and supervise the administration of the Association.

(iii)

To make proposals regarding the Association during General meetings.

(iv)

To decide the date and venue of the General Meetings.

(v)

The Committee shall within 28 days after the holding of the Annual General Meeting submit the
annual returns of the Association to the Registrar of Societies as required under Section 14(1) f
the Societies Act, 1966.

(vi)

The Committee may arrange to employ a paid executive secretary and clerk for the Association.

(vii)

The Committee shall propose during General Meetings to appoint Honorary Chairman,
Honorary Advisors and Legal Advisors.

Rule 14. Vacancy

In the event of a vacancy for the post of Chairman and Deputy Chairman in the Committee due to
resignation, expulsion or death, such vacancy shall be filled by the Deputy Chairman and one of the
Vice chairman respectively. In the case of the Vice Chairman, the vacancy shall be filled by relevant
associations new Chairman. For the post of other office-bearer the particular members association
shall recommend a suitable person to fill the post. As for vacancies in the sub-committee the
Committee shall have the power to fill such vacancies.

Rule 15. Sub-Committee

The Committee when necessary, may appoint sub-committee from time to time to assist in the
administration of the Association.

Rule 16. Duties of Office-bearers

(i)

The Chairman shall lead and represent the Association and shall act as its chief spokesman.
He shall chair all Committee Meetings and General Meetings of the Association. He can
approve expenditures not exceeding RM2,000.00 at any one time. He shall sign all
correspondence of the Association and shall supervise the paid staff and shall gather opinion
from members in order to improve the administration of the Association and for the furtherance
of its Aims and Objectives.

(ii)

The Deputy Chairman shall assist the Chairman in carrying out his duties and act for him during
the latters absence.

(iii)

The six (6) Vice Chairmen shall assist both the Chairman and Deputy Chairman in carrying out

their duties and one of them shall acts as Chairman during the absence of the Chairman and
Deputy Chairman.
(iv)

The Secretary shall keep and deal with all records, documents, correspondence and all minutes
of meetings. He shall at the instruction of the Chairman call all meetings, prepare agenda and
record the proceedings. He shall assist the Chairman in carrying out decisions of the
Committee Meetings and resolutions of General Meetings. He shall also supervise the paid staff
and administration of the Association. He shall maintain a membership register.

(v)

The Assistant Secretary shall assist the Secretary in carrying out his duties and shall act for him
in his absence.

(vi)

The Treasurer shall be responsible for the financial transactions of the Association. He shall
keep accounts of all its financial transactions and the financial report and shall hold petty cash
not exceeding RM500.00 at any one time.

(vii)

The Assistant Treasurer shall assist the Treasurer in carrying out his duties and shall act for him
in this absence.

(viii)

The Cultural Director shall be responsible for the planning and implementation of all cultural
activities of the Association.

(ix)

The Education Director shall be responsible for the planning and implementation of all
educational and training activities of the Association.

(x)

The Welfare Director shall be responsible for the planning and implementation of all social
welfare of all economic activities of the Association..

(xi)

The Economic Director shall be responsible for the planning and implementation of all
economic activities of the Association.

(xii)

The Ordinary Committee members shall participate and assist in the duties of the Committee.

Rule 17. Annual General Meeting

Annual General Meeting of the Association shall be held not later than 30th June. Notice of the
Annual General Meeting shall be sent by the Secretary to all members of associations not later than
45 days before the date fixed for the meeting, and motions from members, name lists of the official
delegates must reach the Secretary not later that 7 days before the meeting.

Rule 18. The Business of the Annua General Meeting

(i)

To confirm the Minutes of the preceding Annual General Meeting and matters arising therefrom.

(ii)

To receive and adopt the Committees report on the affairs of the Association during the
previous year and the Treasurers report together with the audited of the Association.

(iii)

To elect a committee once in every two years.

(iv)

To appoint an Auditor once in every two years.

(v)

To discuss and decide motions put forward by members and proposals made by the

Committee.

Rule 19. Extraordinary General Meeting

An Extraordinary General Meeting of the Association shall be convened whenever the Chairman
deems it desirable or at the joint request of not less than one half of the total membership of the
Association. The Secretary shall send the notice of meeting to all members associations at least
twenty-one (21) days before the meeting. If a quorum is not present, the meeting shall be called off
and no meeting for the same purpose shall be held within the next six months.

Rule 20. Quorum at General Meetings

At least one half of the total membership of the Association must be present at an Annual General
Meeting or Extraordinary General Meeting for its proceedings to be valid and to constitute a
quorum.

Rule 21. Committee Meeting

The Committee shall meet at least once in every three months, and fourteen (14) days notice of
each meeting shall be given to the members associations and Committee Members together with
an agenda.

Rule 22. Extraordinary Committee Meeting

An Extraordinary Committee Meeting shall be convened at the request of at least one half of the
Committee Members or whenever the Chairman deems it deriable and notice of meeting with
agenda shall be sent to each Committee Member and members associations fourteen (14) days
before the date of meeting. If a quorum is not present, then the meeting shall be called off and no
other meeting of the same purpose shall be held within the next three months.

Rule 23. Quorum at Committee Meetings

At least one half (1/2) of he Committee Members must be present at a Committee and Extraordinary
Committee Meeting for its proceedings to be valid and to constitute a quorum.

Rule 24. Minutes of Meeting

The Secretary shall forward to all members associations and Committee Members a copy of the
Minutes of Annual and Extraordinary General Meeting, Committee Meeting and Extraordinary
Committee Meeting within two (2) weeks after the meeting.

Rule 25. Casting Vote

In the event of the motions in the meetings of the Association obtaining the same number of votes,
the Chairman of the meeting shall have the casting vote.

Rule 26. Postponement of General Meeting

In all General Meetings of the Association, if half an hour after the time fixed for the meeting a
quorum is not present, the meeting shall be called off. Except for Extraordinary General Meetings,
the meeting be reconvened at a date not more than fourteen (1$) days from the originally date fixed
for the meeting. Whatever number of members present at the postponed meeting shall be deemed
to have a quorum and shall carry on with the business of the day but they shall not have the power
to alter the rules of the Association.

Rule 27. Usage of Fraud

The fund of the Association can only be used in connection with the Associations objectives
including administration expenses, staff salaries and subsidies but it is not allowed to pay for
travelling expenses of the members of the Association and Committee Members to attend meetings
or conventions or pay court fees or fines for the Committee Members and members of the
Association.

Rule 28. Expenditure and Bank Account

No expenditure exceeding RM2,000.00 at any one time shall be incurred without prior sanction of
the Committee and no expenditure exceeding RM8,000.00 in any one month shall be incurred
without the prior sanction of a General Meeting. All money in excess of RM500.00 shall be
deposited in a bank approved by the Committee, and the account must be in the name of the
Association.

Rule 29. Signatories

All cheques or withdrawal notices of the Associations account shall be signed jointly by the
Chairman or the Secretary together with the Treasurer.

Rule 30. Financial Year

The date of the commencement of the financial year of the Association shall be from the 1 st January
and shall end on 31st December annually. The Treasurer shall submit all financial reports audited by

the Auditor of the Association to the Committee which in turn shall submit to the next Annual
General Meeting for acceptance.

Rule 31. Audit

The Association shall appoint one Auditor, who shall not be an office-nearer of the Association at
every alternate Annual General Meeting and his is required to audit the accounts of the Association
for the year.

Rule 32. Trustees

The Chairman, the Deputy Chairman and the Treasurer of the Association for the time being shall
be the trustees of the Association. They shall have vested in them all immovable property
whatsoever belonging to the Association upon the execution of a Deed of Trust.

Rule 33. Power of Trustees

The Trustees shall not sell, mortgage or transfer any of the property of the Association without the
consent and authority of a General Meeting of members.

Rule 34. Removal of Trustee

A Trustee shall be deemed to have been removed from the office of a trustee if he ceases to hold
the position as the Chairman, the Deputy Chairman or the Treasurer as the case may be in the
event of his resignation, death or otherwise.

Miscellaneous
Rule 35 -

All disputes or disagreement amongst members shall be put forward to

the Committee for arbitration. In order to avoid disrepute of the

Rule 36 -

Association, members shall not reveal the matter to the press.

Any member who fails to comply with the rules of the Association or
has acted in a manner to bring disrepute upon the Association may be
expelled by a resolution of not less than three-quarter of the delegates
present at a General Meeting. The expelled member may apply to
rejoin the Association as a new member after a lapse of one year.

Rule 37 -

The Association may be voluntarily dissolved by a resolution of not less

than three quarter of the delegates present at a General Meeting
specially convened for the purpose. In the event of the Association
being dissolved, all debts and liabilities legally incurred on its behalf

shall be fully discharged and the remaining funds of the Association

shall be disposed of in such manner as may be decided upon by a

Rule 38 -

General Meeting.
The Committee Meeting shall interpret the rules of the Association
whenever any dispute arises until the following Annual General

Rule 39 -

Meeting for further interpretation.

These rules may not be altered or amended except by a resolution by
two-third of delegates present at the General Meeting. Application for
such alterations or amendments shall be made to the Registrar within
28 days from the date of the decision to make the change or
amendment and shall take effect from the date of their approval by the

Rule 40 -

Registrar of Societies.
Non of the following games shall be played in the premises of the
Association: Roulette, Lotto, Fan Tan, Poh, Peh Bin, Belangkai, PaiKau, Tau Ngau, Thien Kow, Ghap Ji Kee, Sam Cheong, Twenty-One,
Thirty-One, Ten and a hald, all games of dice, bankers games and all

Rule 41 -

games of mere chance.

The Association shall no hold any Lottery, whether confirmed to its
member or not, in the name of the Association or its office-bearers,
Committee or member without the prior approval of the relevant
authorities.

Rule 42 -

Defination
In these Rules and Constitution unless the context otherwise requires
the following expressions shall have the following meaning: The Association shall mean GABUNGAN PERSATUAN TIONG HUA
SABAH DAN LABUAN (C0NEDERATION OF CHINESE COMMUNITY
ASSOCIATION OF SABAH AND LABUAN).
Chinese community association shall mean a friendly society
registered under the Societies Act 1966 whose membership is open to
Chinese community associations of any particular dialectic descent
and existing in the state of Sabah and the Federal Territory of Labuan.
Federated Chinese community association shall mean a friendly

society registered under the Societies Act 1966 whose membership is

open to Chinese community association of any particular dialectic
descent and existing in the State of Sabah and the Federal Territory of
Labuan.
Federated Association Member shall mean a federated Chinese
community association which is a member of the Association under
Rule 4 (i) (a) hereon.
Individual Association Member shall mean a Chinese community
association which is a member of the Association under Rule 4 (i) (b)
hereof.