Legalities


RULES AND REGULATIONS OF PERSATUAN AGAMA BUDDHA TNG – DZONG IPOH

(REGISTRATION NO: PPM-002-08-1405-2013)

 

RULE 1: NAME, REGISTERED PLACE OF BUSINESS

  • The Society shall be known as the PERSATUAN PENGANUT AGAMA BUDDHA TNG – DZONG IPOH (hereinafter referred to as the “Society”).
  • Its registered place shall be at No. 18, Jalan Kelantan, Canning Garden, 31400 Ipoh, Perak or at such other place or places as may be decided from time to time by the Committee. The registered place of business of the Society shall not be changed without the prior approval of the Registrar of Societies.

RULE 2: AIMS AND OBJECTIVES

  • To encourage, foster and develop the practice of the teachings of the Lord Buddha.
  • To encourage the members of the Society to study the teachings of the Lord Buddha and to uphold good morality and conduct.
  • To promote social welfare activities and community service to the public irrespective of religion and creed.
  • To purchase, take on lease, rent, acquire and own property for use of the Society in line with its object.

RULE 3: MEMBERSHIP

  • Types of membership in the Society shall be as follow:

Ordinary Membership -

Open to all Buddhists, age 18 years and of good character, residing in Ipoh, Perak and its surrounding areas irrespective of sex and race. They must be Malaysian Citizen (non-Muslims)

  • Application for membership must be submitted to the Committee for approval. The Committee may at its discretion approve/reject any application without assigning any reason therefore.
  • Every application whose application has been approved as aforesaid shall, upon payment of the prescribed fee, be admitted to all the privileges of membership.

RULE 4: SUBSRIPTION AND OTHER DUES

  • The subscription fee payable shall be as follows:-

All Joining Fee of RM200 (Two Hundred Ringgit Only) and Annual Subscription of RM200/- (Two Hundred Ringgit Only) shall be payable to the Treasurer of the Society.

RULE 5: RESIGNATION AND EXPULSION

Any member who wishes to terminate the membership from the Society shall give two weeks’ notice in writing to the Secretary and shall pay all dues.

  • Any member who fails to comply with the rules of the Society or has acted in a manner to bring disrepute upon the Society may be expelled or suspended the member, the member shall be informed of the ground for such expulsion or suspension in writing and be given an opportunity to appeal in person. Such suspension or expulsion shall be enforced, unless or otherwise overruled by a general meeting upon appeal by the said member.

RULE 6: GENERAL MEETING

The supreme authority of the Society is vested in a general meeting of the members. At lease one – half (1/2) of the total voting membership of the Society or twice the total number of members of the Committee whichever is the lesser must be present at general meeting for its proceeding to be valid and constitute a quorum.

  • If the required quorum is not present after half an hour after the time stipulated for the meeting, the meeting shall be postponed to a date (not exceeding 30 days) to be fixed by the Committee; and if a quorum is not present half and hour after the time appointed for the postponed meeting, the members present shall have the power to proceed with the agenda of the day but they shall not have the power to alter the rules of the Society or to make decision which will affect the whole membership.
  • 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 31st of March on a date and time and place to be fixed by the Committee. The agenda of the annual general meeting shall be:
    • To receive the Committee’s report on the working/activities of the Society for the previous year;
    • To receive the Treasurer’s report and audited accounts of the Society for previous year;
    • To select a new Committee and appoint auditor once in two (2) years;
    • To deal with such other matters as may be deem fit in the general meeting.
  • The Secretary shall send to all members at least fourteen days before the meeting a notice stating the date, time, place of meeting and an agenda including copies of minutes and reports, together with the audited accounts of the Society for the previous year. Copies of these documents will also be made available at the registered address of business of the Society for the perusal of members.
  • An extraordinary general meeting of the Society shall be convened;
  • Whatever or wherever the Committee deems it desirable or
  • At the joint request in writing of one-fifty (1/5) of the total voting members, stating the objective and reason requisition in writing.
  • An extraordinary general meeting requisitioned by members shall be convened for a date within 30 days of the receipt of such requisition in writing.
  • Notice and agenda for an extraordinary general meeting shall be forwarded by the Secretary to all members at least fourteen (14) days before the date fixed for the meeting.
  • Paragraphs 6.1 and 6.2 of this rules regarding the quorum and the postponement of an annual general meeting shall apply the same to an extraordinary general meeting, but with the proviso that if no quorum is present after half an hour from time to time fixed for a postponed extraordinary general meeting requisitioned by members the meeting shall be cancelled, and no extraordinary general meeting shall be requisitioned for the same purpose until after the lapse of at least 6 months from the date thereof.

RULE 7: COMMITTEE

A Committee consisting of the following, who shall be termed the office-bearers of the Society, shall be elected at every alternate annual general meeting.

  • 1 Chairman
  • 1 Vice-Chairman
  • 1 Secretary
  • 1 Vice-Secretary
  • 1 Treasurer
  • 2 Ordinary Committee Members              
  • The office-bearers of the Society and every office performing executive function in the Society shall be Malaysian citizens.
  • The term of tenure of office-bearers shall be 2 years and they shall be eligible for re-election at the end of the term.
  • The names of the above officers shall be proposed and seconded and election will be by simple majority vote count of the members at every alternate annual general meeting.
  • The function/duties of the Committee are to organize and supervise the day-to-day activities of the Society and to make decision on matters affecting its operation within the general policy laid down by the general meeting. The Committee may not act contrary to the expressed wishes of the general meeting without prior reference to it and shall always remain subordinate to the general meeting. It shall furnish a report at each annual general meeting on its activities during the previous year.
  • The Committee shall meet at least once in every 3 months, and 7 days notice of each meeting shall be given to the members. The Chairman acting alone or not less than 4 Committee members acting together may call for a meeting of the Committee to be held at any time. At least one-half (1/2) of the Committee members must be present for its proceedings to be valid and to constitute a quorum.
  • Where any urgent matters requiring the approval of the Committee arises and it is not possible to convene a Committee meeting, the Secretary may obtain such approval by means of a circular letter. The following conditions must be fulfilled before a decision of the Committee is deemed to have been obtained.
  • The issue/matter must be clearly set out in the circular and forwarded to all members of the Committee.
  • At least one-half (1/2) of the members of the Committee must indicate whether they are in favour or against the proposal.
  • The decision obtained by circular letter shall be presented/reported by the Secretary in the next Committee meeting and recorded in the minutes thereof.
  • Any member of the Committee who fails to attend 3 consecutive meetings of the Committee without furnish written explanation shall be deemed to have resigned automatically from the Committee.
  • In the event of death or resignation of a member of the Committee, the candidate who received the next highest number of votes at the previous election for the post effected shall be invited to fill the vacancy. If there is no such candidate or if such candidate declines to accept offer, 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.
  • The Committee shall give instructions to the Secretary and other officers for the conduct of the affairs of the Society. It may appoint such organizers and staff as it deems necessary. It may suspend or dismiss any organizer, member or the staff for neglect of duty, dishonest, incompetence, refusal to carry out the decisions of the Committee, or for any other reason which it deems good and sufficient in the interest of Society.
  • The Committee shall have the power to appoint sub-committee for the furtherance of the objectives of the Society as it may deem fit and to delegate to sub-committee such power as it may consider necessary and expedient and to withdraw from such sub-committee all or any of the powers as delegated and revoke all such appointments.

RULE 8: DUTIES OF OFFICE-BEARERS           

  • The Chairman shall during his term of office presides at all general meetings and all meetings of the Committee and shall be responsible for the proper conducts of all such meetings. He shall have the casting vote and shall sign the minutes of each meeting at the time they are approved. He shall, in conjunction either with the Secretary or Treasurer, sign all cheques on behalf of the Society.
  • The Vice-Chairman shall deputize for the Chairman during the latter’s absence.
  • The Secretary shall conduct the operation of the Society in accordance with its rules and shall carry out the operating of the general meeting and of the Committee. He shall be responsible for conducting all correspondences and keeping of books, documents and papers except the accounts and financial record.   He shall maintain a membership register with particulars of name, age, identity card number, occupation and address of every member. He shall attend all meetings and record the proceedings. In conjunction with the Chairman, he shall sign all cheques on behalf of the Society. He shall within 60 days after holding of the annual general meeting of the Society submit the annual return of the Society to the Registrar of Societies as required under Section 14(1) of the Societies Act 1996.
  • The Treasurer shall be responsible for the finances of the Society. He shall keep accounts of all its financial transactions and shall be responsible for their correctness. He shall in conjunction with the Chairman, sign all cheques on behalf of the Society.
  • The Ordinary Committee Members shall attend all meetings and assist the Committee in the management of the Society.

RULE 9: FINANCIAL PROVISIONS         

  • Subject to the following provisions in this rules, the fund of the Society may be expended for any purpose necessary for the carrying out of its objectives, including the expenses of its administration, the payment of salaries, allowances and expenses to its office-bearers and paid-staff, and the audit of its accounts, but they shall on no accounts be used to pay the fine of any member who may be convicted in a court of law.
  • The Treasurer may hold a petty cash float not exceeding One Thousand Ringgit Malaysia (RM1,000.00) at any one time. All money in excess of this sum shall within seven days of receipt be deposited into the Society’s bank account approved by the Committee. The bank account shall be in the name of the Society.
  • The Society shall maintain and operate a bank account jointly operatd by 3 authorised signatories. The authorised signatories appointed shall include the Chairman, the Secretary and the Treasurer. All cheques issued or withdrawal notices (cash/cheque) effected on the Society’s account shall be signed jointly by the Chairman, the Secretary and the Treasurer.
  • No expenditure exceeding Five Thousand Ringgit Malaysia (RM5,000.00) at any one time shall be incurred without the prior sanction of the Committee, and no expenditure exceeding Ten Thousand Ringgit Malaysia (RM10,000.00) in any one month shall be incurred without prior sanction of general meeting. Expenditure of amount less than Five Thousand Ringgit Malaysia (RM5,000.00) at any one time may be approved by the Chairman together with the Secretary and the Treasurer.
  • The date of commencement of the financial year of the Society shall be from 1st of January and shall end of 31st of December annually.

RULE 10: AUDIT

  • One (1) person, who shall not be office-bearer of the Society, shall be appointed in every alternate annual general meeting as Auditor. He shall hold office for two years and may be re-appointed.
  • The Auditor shall be required to audit the accounts of the Society for the year, and to prepare a report or certificate for the annual general meeting. He also may be required by the Chairman to audit the accounts of the Society for any period within his tenure of office any any date, and to make a report to the Committee. The audited accounts shall be submitted for approval at the next annual general meeting, and shall be made available at the place/address of business of the Society for the perusal of members.

RULE 11: PROPERTY   

  • The immovable property of the Society shall be vested in the name of the Society. All investment relating to that property shall be executed by the Chairman, Secretary and Treasurer for the time being of the Society. Their appointment shall be authenticated by a certificate of the Registrar of Societies and sealed with the seal of the Society.
  • The immovable property of the Society shall not be sold, leased, charged, transferred or dealt with in such manner so as to divest any interest in the property without the prior consent and authority of the general meeting.

RULE 12: INTERPRETATION OF RULES 

  • Between annual general meeting the Committee shall interpret the rules of the Society and when necessary, determine any point on which the rules are silent.
  • Except where they are contrary to or inconsistent with the policy previously laid down by the general meeting, the decisions of the Committee shall be binding on all members of the Society unless and until perfected by resolution of a general meeting.

RULE 13: ADVISER/PATRON

  • The Committee shall if deem fit and necessary, appoint qualified persons to be the Adviser(s)/Patron(s) of the Society.

RULE 14: PROHIBITIONS

  • None of the following games shall be played in the premises of the Society; Roulette, Lotte, all card games involved in gambling activities, all games of Dice, banker’s game and all games of mere chance.
  • Neither the Society nor its members shall attempt to restrict or in any other manner interfere with the trades or prices or engage in any Trade Union activities as defined in the Trade Union Ordinance 1959.
  • The Society shall not hold any lottery without license from the proper authority whether confined to its members or not, in the name of the Society or its office-bearers, Committee or members.
  • No benefits as defined under Section 2 of the Socities Act, 1966 shall be given by the Society to any of its members.
  • No university or university-college student is allowed to be a member of the Society without the prior written approval from the Vice-Chancellor of the university concerned.

RULE 15: AMENDMENT OF RULES

  • These Rules may not be altered or amend except by resolution of a general meeting. Application of any such alterations or amendments shall be made to the Registrar of Societies within 60 days from the date of the decision to make the change or amendment and shall take effect from the date of approval by Registrar of Societies.

RULE 16: DISSOLUTION

  • The society may be voluntarily dissolved by a resolution of not less than three-fifth (3/5) of the total voting membership at a general meeting convened for such purposes.
  • In the event of the Society being dissolved as provided above, all debts and liabilities legally incurred on its behalf shall be fully discharged, and the remaining funds if any, shall be disposal off in such manner as may be decided upon by a general meeting.
  • Notice of dissolution shall be furnished to the Registrar of Societies within 14 days from the date of the dissolution.

Approved by Registrar of Society, Malaysia on 14th May 2013

 

Click below to access the

Certificate of Incorporation

Approval of Society

 


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