GBRA Constitution English Rev4.doc
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Bukit Gita Bayu Residents Association
Constitution
GBRA Constitution English Rev4.doc
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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 :