Bukit Gita Bayu Residents Association Constitution · Bukit Gita Bayu Residents Association Constitution . ... 1.1 This organization is known as PERSATUAN PENDUDUK BUKIT GITA BAYU,

GBRA Constitution English Rev4.doc

Non Legal English Translation for Information Purposes Only

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Bukit Gita Bayu Residents Association

Constitution



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Certificate Page (not translated)



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The Constitution for;

The Residents Association of Bukit Gita Bayu Seri Kembangan, Selangor.

Clause 1 NAME

1.1 This organization is known as PERSATUAN PENDUDUK BUKIT GITA BAYU, SERI

KEMBANGAN, SELANGOR and shall be referred to herein as the “Organization”.

Clause 2 LOCATION OF MANAGEMENT

2.1 The business address and the location of the organization’s management 86

JALAN BAYU 5, BUKIT GITA BAYU, SERDANG, 43300 SERI KEMBANGAN,

SELANGOR DARUL EHSAN.

Or any other location that is specified from time to time by the committee: and

the address for any correspondence is as stated, 6, JALAN BAYU 5, BUKIT GITA

BAYU, SERDANG, 43300 SERI KEMBANGAN, SELANGOR DARUL EHSAN.

Any changes to the registered place of business or correspondence address of

the organization is not allowed without the prior consent of the Registrar of

Societies

Clause 3 FLAG, LOGO AND BADGE

3.1 This Organization has a logo that upholds the purposes as stated below:

The design embodies people , representing the residents of Bukit Gita Bayu

which reflect the multiracial nature of Malaysia ie consisting of Malays,

Chinese, Indians and others

The red colour in the design symbolizes the cheerful and the friendly attitude of

the residents in Bukit Gita Bayu.

The blue colour in the design symbolizes the sincerity of the residents in Bukit

Gita Bayu.

The yellow colour in the design symbolizes the prosperity of the residents in

Bukit Gita Bayu.

The green colour in the design symbolizes Bukit Gita Bayu residents’ love of

nature.



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Clause 4 AIMS/ GOALS

4.1 The aims and goals of this Organization are as stated below:

4.1.1 To guard the welfare and rights of the members of the Organization as a

whole.

4.1.2 To improve the level of cleanliness, safety, serenity and general quality

of maintenance of Bukit Gita Bayu.

4.1.3 To hold meetings and discussions with the developers and/or the

management of Bukit Gita Bayu, as well as, the representatives of local

government, statutory parties and/ or corporate groups to achieve the

aims stated in 4.1.1 and 4.1.2.

4.1.4 To increase the standard of living in Gita Bayu through these methods:

4.1.4.1 Increase good neighbourly behavior and spread awareness of

the ecology and the environment.

4.1.4.2 Promote racial harmony amongst the residents through

education, culture, recreation and social activities.

4.1.5 To distribute information concerning Bukit Gita Bayu through notices,

brochures, magazines and other materials to the members in regards to

the clauses 4.1.1 through to Clause 4.1.4.

Clause 5 MEMBERSHIP

5.1 Membership is open for residents of Bukit Gita Bayu, Seri Kembangan, that are

of age 18 and above, and are Malaysian citizens.

5.2 Only one member from each residence is permitted to join the Organization.

5.3 Each membership application must be nominated and supported by two

members and the application has to be referred to the secretary who must, as

soon as possible, present it to the committee for approval. The committee’s

decision is final.

5.4 Each applicant whose application has been approved in the above manner,

must, on completion of payment of entrance and first monthly fees, be

accepted as a member of the organization and shall have the rights of a

member.



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5.5 A University student or College-University student shall not be accepted as a

member of the Organization unless he/she has prior written approval from the

Vice Chancellor of the University.

Clause 6 ENTRANCE FEES, FEES AND OTHER PAYMENTS

6.1 Fees are as follows:

Entrance fees RM 30.00 (Thirty Ringgit Malaysia only)

Yearly fees RM 30.00 (Thirty Ringgit Malaysia only)

6.2 Payment of Yearly fees must be made to the secretary within 14 days of the

start of the year.

6.3 Members that have unpaid fees for more than two months shall receive a

warning letter certified by the representative of the Organization or the

secretary, and their member’s rights will be rescinded until the existing debt is

settled.

6.4 Members that have debts for more than three months will automatically be

removed from the membership and the committee shall be allowed take legal

action in regards to such debts, with the condition that the offending member

has received the appropriate notices beforehand.

6.5 The committee has the right to state the amount to be charged for entrance

fees for re-entry to the Organization for those members who have lost their

member’s rights through unpaid debts.

6.6 Special fees or money can be collected from the members for certain events

with the agreement of the members in the general meeting. If any member fails

to make the payment in the specified period of time, then the failure would be

considered as a debt in the monthly fees.

Clause 7 RESIGNATION AND TERMINATION OF MEMBERS

7.1 A member must provide a written resignation letter to the secretary two weeks

prior to the resignation and must settle any outstanding debts prior to

acceptance of the member’s resignation.

7.2 Members that fail to adhere to the Constitution of the Organization or that

damage the good name of the Organization shall be dismissed or suspended as

a member for a period of time as set by the committee. The offending member

must be informed of the reason(s) for such dismissal or suspension prior to any

action being taken. The member must also be given a chance to explain his/her



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reasons and defend his/her stand. Dismissal or suspension of the member shall

be carried out unless decided otherwise at the Annual General Meeting which

may postpone or cancel the decision based on the member’s appeal.

Clause 8 GENERAL MEETING

8.1 The General Meeting of members is the authorizing body of the Organization. In

order for a meeting to be valid a quorum must be achieved of at least half of the

total members of the Organization, that are entitled to vote, or twice the

amount of members of the committee must be present .

8.2 If a quorum is not achieved within thirty minutes after the time stated for the

commencement of the meeting, then the meeting shall be postponed and the

committee shall set a new date that is within 30 days of the meeting. If a

quorum is once again not achieved, then the members that are present at this

second meeting shall be allowed to proceed with the meeting but are not

allowed to make any amendments to the constitution or any decisions that

affect all members.

8.3 The Annual General Meeting for this Organization must convene as soon as

possible after the end of the financial year but no later than 31st

March at the

date, time and place stated by the committee. The objective of the Annual

General Meeting is to:

8.3.1 Receive the report from the committee in regards to the Organization’s

activities throughout the past year;

8.3.2 Receive reports from the treasurer including the audited financial

statements for the previous year;

8.3.3 Elect the new committee members and two auditors for the next year;

and

8.3.4 Address any other matters tabled during the Annual General Meeting.

8.4 An agenda for the Annual General Meeting must be sent by the secretary to

every member of the Organization at least 14 days prior to the commencement

of the Annual General Meeting, and is to include a copy of the meeting ,

together with the audited financial statements for the Organization for the past

year. These documents must also be made available to the members in the

Organization’s office for reading purposes.

8.5 Extraordinary General Meetings for this Organization can be held:

8.5.1 When the committee thinks there is an urgent need, or



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8.5.2 Upon joint written request from no less than one fifth of the total

number of eligible voting members with an explanation of the reason

and purpose for the meeting. The request must be submitted to the

secretary of the Organization.

8.6 Extraordinary General Meetings requested by members must be held within

one month from the date of acceptance of the request.

8.7 The secretary must send the announcement and agenda of the Extraordinary

General Meeting to every member at least 14 days prior to the date that has

been fixed for the meeting.

8.8 Clause 8.1 and 8.2 in this Constitution related to the quorum and postponement

of an Annual Genera Meeting may be applied to the Extraordinary General

Meeting with the condition that if a quorum is not achieved within half an hour

from the given time for the start of the Extraordinary General Meeting, then the

meeting shall be cancelled and an Extraordinary General Meeting for the same

reason or purpose may not be repeated within a period of six months from that

date.

8.9 The secretary shall, as soon as possible after each Annual General Meeting or

Extraordinary General Meeting, circulate to every member a draft of the

minutes of the meeting.

Clauses 9 COMMITTEE

9.1 An organizing committee as mentioned below, to be termed as Office Bearers of

the Association, must be elected during the Annual General Meeting:

One President

One Vice President

One Secretary

One Assistant Secretary

One Treasurer

Nine Ordinary Committee members

9.2 To hold the position of either Organization Officers or Normal Organization

Committee Members a member must be a Malaysian citizen.

9.3 Names of persons for the above positions must be nominated and seconded.

Elections shall be carried out via voting by members during the Annual General

Meeting. All officers may be re-elected every year.



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9.4 The function of the committee is to organize and execute the Organization’s

daily business and to make decisions on issues related to the management of

the Organization according to the general principles agreed upon at the Annual

General Meeting. The Committee shall not undertake any action that

contradicts decisions of the general meeting without prior consultation with it

and should always comply with decisions of the general meeting. The

Committee should present a report of activities held during the past year at

each Annual General Meeting.

9.5 The committee must meet at least once every 3 months. The announcement for

each meeting must be sent to members of the Committee at least 7 days prior

to the meeting. The President and/or any group of at least 4 Committee

Members can call for a committee meeting at any time. At least half (1/2) of the

total number of the committee must be present in order to achieve a quorum

and so validate the meeting.

9.6 Where important issues arise that require urgent approval of the committee but

a committee meeting cannot be held, the Secretary may obtain approval from

the Committee Members via distribution of a circular. Where approval is

obtained via circular the following regulations must be fulfilled before the

committee’s decision is valid:

9.6.1 The issue must be stated in detail in the circular and distributed to all of

the committee members.

9.6.2 At least half of the total number of members of the committee must

respond with either agreement or disagreement to the suggestion

made; and

9.6.3 The final decision shall be decided by vote.

Any decision that is made from the circular distribution shall be reported by the

Secretary in the next coming committee meeting for approval and the same

shall be noted down in the minutes of the meeting.

9.7 Any Committee member that fails to attend the committee meeting three times

in a row without any satisfactory reason will be taken as having resigned their

post within the Association.

9.8 Where a member has resigned (or is deceased), the candidate that had the

second most votes in the past election shall be called to fill the vacancy. If that

candidate is not available or refuses the post, the committee shall have the right



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to choose another member to fill the post until the next Annual General

Meeting.

9.9 The Committee may give instructions to the Secretary and other Officers to

carry out tasks for the Organization, and may select a management team and

staff if deemed necessary. The committee may suspend or dismiss any person

from the management team or the staff who are negligent at work, dishonest,

inefficient, do not comply with decisions of the Committee, or carry out any

other actions that may damage good name of the Organization.

9.10 The committee is allowed to set up a sub-committee if it deems necessary and

to allocate special responsibilities to any member of the Committee.

Clause 10 DUTIES OF AN OFFICER

10.1 The President shall be Chairperson for every general meeting and Committee

meeting and is responsible for the smooth running of each meeting. He/She

shall have the deciding vote and must sign the minutes of the meeting once

approved. He/She shall sign every Organization cheque together with the

Secretary and the Treasurer.

10.2 The Vice President shall act as President during the absence of the President.

10.3 The Secretary shall carry out the administrative work of the committee

according to the Constitution and according to the directions of the general

meeting and Committee. He/She is responsible for managing all Organization

correspondence, books and papers except accounts and financial ledgers. The

Secretary shall keep the members’ registration book that contains details of

members such as name, place and date of birth, identity card number,

occupation, name and address of employer and the house address of every

member. He/She shall attend all meetings and write the minutes for each

meeting. He/She shall sign every Organization cheque together with the

President and the Treasurer. The Secretary shall be responsible for sending the

Organization’s annual statement to the Registrar of Societies, within 60 days

from the date of the Annual General Meeting as stated under Section 14 (1)

Organization Act, 1966.

10.4 The Assistant Secretary shall assist the Secretary in the Secretary’s duties and

act as Secretary during the absence of the Secretary.

10.5 The Treasurer is responsible for all financial matters related to the Association.

He/She shall record and keep account of all finances and shall be responsible for



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their accuracy. He/She shall sign all Association cheques together with the

President and the Secretary.

10.6 Ordinary committee members shall assist the committee in carrying out its

tasks.

Clause 11 FINANCE

11.1 Subject to any allocation stipulated within this Constitution, the Organization’s

funds can be used in order to carry out the purposes of the Organization

including expenses for administration, payment of salary, expenses of the

salaried officers and the members, including the salary of the auditor. However,

the funds cannot be used for member’s court fines.

11.2 The Treasurer may keep petty cash funds of not more than RM 500.00 (Five

Hundred only) at any given time. Any additional funds should be paid into a

bank approved by the committee. The name of the account at said bank should

be that of the Organization.

11.3 Any cheque or other type of withdrawal must be signed by the President, the

Secretary, and the Treasurer. In the absence of the President , the Secretary

and/or the Treasurer, the Committee may choose any other member/s to sign

the Organization’s cheque or other type of withdrawal.

11.4 Expenditure exceeding RM 1000.00 (One Thousand) at any one time cannot be

made without the prior consent of the Committee, and expenditure exceeding

RM 20,000.00 (Twenty Thousand) at any one time cannot be made prior

approval of a general meeting. Payment of expenses of less than RM 1000.00

(One Thousand only) may be approved by the President together with the

Secretary and the Treasurer.

11.5 At the end of the financial year, statements of income and expenditure and an

accounts balance sheet for the whole year must be prepared by the Treasurer

and checked by the auditor elected under this Constitution’s Clause 12 as soon

as the financial year has ended. Account statements that have being audited

shall be presented at the next Annual General Meeting for approval and a copy

thereof provided at the Organization’s management office for member’s

information.

11.6 The financial year for this Organization begins 1st

January and ends 31st

of December.

Clause 12 AUDITING OF ACCOUNTS



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12.1 Two individuals that are not office bearers can be elected during the Annual

General Meeting as Auditors. They will hold the post for one year and can be re-

elected.

12.2 The Auditors shall audit the Association’s accounts for one year and prepare a

report or confirmation to be presented at the Annual General Meeting. They

shall also audit the Association’s accounts and shall prepare a report for the

Committee at any given time if requested to do so by the President.

Clause 13 TRUSTEES

13.1 Three trustees that are age 21 and above shall be selected at the

general meeting and will serve the Organization as long as the Organization so

deems. The trustees shall sign the Deed of Trust (Surat Amanah) and all fixed

assets belonging to the Organization shall be entrusted to them under this deed.

13.2 Trustees shall not be allowed to sell, withdraw or transfer any title or property

belonging to the Association without prior approval given to them at an Annual

General Meeting of the Association.

13.3 A trustee can be dismissed from his/her post by the general meeting members

because of illness, insanity, not residing in the country or other reasons that will

not allow that individual to carry out his/her duties satisfactorily. If the trustee

is deceased, has resigned or has been dismissed the post shall be filled with a

new trustee as elected at a general meeting.

Clause 14 INTERPRETATION OF THE CONSTITUTION

14.1 In the period between general meetings, the Committee may give their

interpretation of the Constitution and if deemed necessary decide on matters

that are not covered herein.

14.2 Except for matters that contradict or are not in line with the general principles

agreed upon at the general meeting, the Committee’s decision in regards to any

member shall be final unless amended at a general meeting.

Clause 15 ADVISOR/PATRON

The Committee can, if necessary, select individuals who are capable of being an

advisor/patron for the Association with the condition that the person selected gives

their written agreement.

Clause 16 PROHIBITIONS



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16.1 The games that are stated below cannot be played at the Association house:

Roulette, Lotto, Fan Tan, Fob, Peh Bin, Belangkai, Pai Kau, Tau Ngau, Tien Kow,

Chap Ji Kee, Sam Cheong, Twenty One(Black Jack), Thirty One, Ten and a half,

and all games that have a dice or are banker’s games that depend solely on luck.

16.2 This Organization and its members shall not prevent or in any way disturb

business or affect prices of items or take part in any trade union movement as

defined in Trade Union Act, 1959;

16.3 This Organization cannot run a lottery whether it is specially for the members or

not, upon the name of the Association or the Officers or the Committee or the

members, without the approval of the specific authorities;

16.4 “Benefits as explained under Section 2 Organization Act 1966, are not to be

given to any of its members by the Association.

Clause 17 AMENDMENT OF CONSTITUTION

This Constitution cannot be changed or amended except via decision from a general

meeting. The application to change or amend the Constitution must be made to the

Registrar of Societies within 60 days from the date of approval of the

change/amendment at the general meeting and any changes/amendments thereof shall

only be enforceable from the date of approval of the change or amendment by the

Registrar of Societies

Clause 18 DISSOLUTION

18.1 This Association can be dissolved voluntarily by vote where the vote count is not

less than three fifths (3/5) of the total members that are present in general

meeting called specially for this purpose.

18.2 If it is agreed to dissolve the Association as stated above, all debts and liability

of the Organization that are legitimate according to the law must be settled and

any balance of monies be disposed in a manner agreed upon at the said general

meeting.

18.3 The statement of dissolution must to be delivered to the Registrar of Societies

with in 14 days from the date of dissolution.



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Signatory Page:

……………………………………… ……………………………………

The President The Secretary

Name : Name :

Documents

Bukit Gita Bayu Residents Association Constitution · Bukit Gita Bayu Residents Association Constitution . ... 1.1 This organization is known as PERSATUAN PENDUDUK BUKIT GITA BAYU,