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Rules and Constitution

 

The Associated Chinese Chambers of Commerce and Industry of Sarawak

Pergabungan Dewan Perniagaan dan Perindustrian Cina Sarawak

 

Rule 1    NAME

The Association shall be known as The Associated Chinese Chambers of Commerce and Industry of Sarawak (Pergabungan Dewan Perniagaan dan Perindustrian Cina Sarawak), hereinafter referred to as the ACCCIS.

 

Rule 2    REGISTERED AND POSTAL ADDRESS

The registered address and postal address of the ACCCIS shall be at Level 5, Wisma Chinese Chambers, Jalan Bukit Mata Kuching, 93100 Kuching, Sarawak and shall not be changed without the prior approval of the Registrar of Societies.

 

Rule 3    OBJECTS

The objects of the ACCCIS shall be:-

  • To promote closer liaison and co-operation among the various Chinese Chambers of Commerce in Sarawak for the protection, promotion and advancement of all interests of the members in respect of commerce, industries and other economic activities.
  • To study and formulate views, observations and recommendations of the Chinese business community in respect of the State’s and the Nation’s socio-economic development for the purposes of promoting better understanding between the community and the Government or other private/public organisations.
  • To liaise with other Chambers of Commerce or economic organisations; in particular, to organise and participate in meetings relating to economic matters, trade missions, exhibitions and other activities relevant to the promotion of economic co-operation.
  • To promote social welfare, cultural and educational activities and to organise or sponsor programme and seminars beneficial to the economic development of the State.
  • To collect and disseminate information relating to commerce, industry and other economic activities.

 

  • To participate in commercial, industrial and agricultural investments with the approval of the appropriate authority.

 

Rule 4    MEMBERSHIP

  • Any Chinese Chamber of Commerce or Chinese Chamber of Commerce and Industry registered at any district headquarters in the State of Sarawak with a membership of not less 30 shall be eligible to apply for admission into the ACCCIS as chamber member; provided that this provision shall not affect the existing memberships.

 

  • Application for membership shall be submitted in writing to the Secretary General of the ACCCIS who shall submit same to the Management Committee for consideration. The Management Committee reserves the right to reject any application without assigning any reason therefore.

 

Rule 5    ENTRANCE FEE

The entrance fee shall be RM200 (Ringgit two hundred) payable by every application upon admission.

 

Rule 6    ANNUAL SUBSCRIPTION

  • The annual subscription payable by every chamber member shall be as follows:-
Total membership of chamber member Annual Subscription
30 RM   100
31 – 60 RM   200
61 – 90 RM   300
91 – 120 RM   400
121 – 150 RM   500
151 – 180 RM   600
181 – 210 RM   700
211 – 240 RM   800
241 – 270 RM   900
271 – 300 RM   1000

Every increase of 30 chamber members or part thereof, the annual subscription shall be increased by RM100 (Ringgit one hundred) accordingly.

  • The annual subscription shall be paid on or before the 31st of March. If any chamber member shall fail to pay the annual subscription aforesaid, notice shall be sent by the Treasurer to it calling its attention thereto, and if the subscription is not paid within 2 months from the posting of such notice, the Management Committee may remove the name of the chamber member concerned form the register of members and forfeit all rights of membership. Provided that the Management Committee may at any time thereafter in its discretion restore it to membership upon payment of all or part of arrears of annual subscription then due.
  • The ACCCIS may, for the purposes of promoting its objects, call for special subscriptions or donation from chamber member.

 

Rule 7    RESIGNATION

Any chamber member wishing to resign form the ACCCIS shall give notice in writing to the Secretary General and shall pay up all dues.

 

Rule 8    RIGHTS AND OBLIGATIONS

  • Rights – All chamber members shall have the right to speak, vote and be elected at the General Meetings, to submit proposals for discussion by the Management Committee or Working Committee or the General Meeting, and to enjoy all the services and privileges provided by the ACCCIS.
  • Obligations – All chamber members shall abide by the ACCCIS Rules and all its resolutions and decisions.

 

Rule 9    DELEGATES

  • Every chamber member shall upon receipt of notice issued by the Secretary General notifying the date of Annual General Meeting submit names and addresses of its delegates to the Secretary General of the ACCCIS. The chamber member may change its delegates at any time by giving written notice to the Secretary General of the ACCCIS.
  • Each chamber member shall be entitled to elect one delegate for every 30

 

Rule 10 GENERAL MEETING

  • The General Meeting shall constitute the supreme authority of the All business arising between the General Meetings shall be transacted by the Management Committee or the Working Committee.
  • A quorum shall be considered to have been formed if the delegates present shall represent at least half of the total number of chamber members of the ACCCIS.
  • If half an hour after the time appointed for the meeting, a quorum is not present, the meeting shall be postponed for one week, and if a quorum is still not present half an hour after the time appointed for the postponed meeting, the delegates present shall have power to proceed with the business of the day, but they shall not have power to amend these Rules or to make decisions affecting the whole membership.
  • An Annual General Meeting shall be held each year during the month of June or any other month within six months after the close of the financial year on such date and time as may be decided by the Management committee.
  • The business of the Annual General Meeting shall include the followings:-
  • To receive the annual report on the affairs of the ACCCIS;
  • To receive the Treasurer’s report and audited Statement of Accounts of the ACCCIS for the previous year;
  • To elect the Management Committee triennially and appoint Auditor and Legal Adviser for the ensuing year;
  • To discuss the proposals submitted by chamber members;
  • To decide the venue of the following Annual General Meeting.
  • Not less than 21 days’ notice of an Annual General Meeting shall be given to all chamber members before the date of such meeting.
  • The Secretary General shall send to all chamber members at least 14 days before the meeting an agenda including minutes, reports and motions together with the audited accounts of the ACCCIS for the previous year. Copies of these documents shall also be made available at the registered address of the ACCCIS for the perusal of chamber members.
  • An Extraordinary General Meeting of the ACCCIS shall be convened:-
  • Whenever the Management Committee deems it desirable; or
  • At the joint request in writing of not less than one third of the total chamber members, stating the objects and reasons for such
  • An Extraordinary General Meeting requisitioned by chamber members shall be convened on a date within 30 days of receipt of such requisition.
  • Notice and agenda for an Extraordinary General Meeting shall be sent to all chamber members by the Secretary General at least 15 days before the date fixed for the Extraordinary General Meeting.
  • Sections (b) and (c) of this Rule regarding the quorum and postponement of an Annual General Meeting shall apply also to an Extraordinary General Meeting, but with the proviso that if no quorum is present after half an hour from the time appointed for a postponed Extraordinary General Meeting, such meeting shall be cancelled and no Extraordinary General Meeting for the same purpose shall be requisitioned until a lapse of at least six months from the date thereof.

 

Rule 11 MANAGEMENT COMMITTEE

  • A Management Committee consisting of 27 persons shall be elected triennially at an Annual General Meeting.
  • The Management Committee members shall consist of the following office bearers:-
One President
One Deputy President
Six Vice Presidents
One Secretary General
 One Secretary General
One Assistant Secretary General
One Assistant Treasurer and
15 Committee members
  • Names for the above offices shall be proposed and seconded and triennially elected shall be by a simple majority of the delegates present at the Annual General Meeting of the ACCCIS.
  • The function of the Management Committee is to organise and supervise all activities of the ACCCIS in accordance with its objects and its general policy laid down by the General Meeting. The Management Committee shall meet at least once  in 6 months and 2 weeks notice of each meeting shall be given to all Management Committee Members. At least half of the Management Committee Members shall be present to form a quorum.
  • Where any urgent matter requiring the approval of the Management Committee arises and it is impracticable to convene a meeting, the Secretary General may obtain such approval by means of a circular letter. The following conditions must be fulfilled before a decision of the Management Committee is deemed to have been obtained:-
  • The issue must be clearly set out in the circular and forwarded to all members of the Management Committee;
  • The decision must be by a majority vote. Any decision obtained by circular letter shall be reported by the Secretary General to the next Management Committee Meeting and recorded in the minutes thereof.
  • The Management Committee shall have power to appoint a delegate to fill any casual vacancy of the management committee and the Working Committee.
  • The Management Committee shall have power to deal with any matter within the context of but not specifically stipulated in these Rules. The Management Committee shall also have the power to interpret these Rules whenever such interpretation is required.
  • All chamber members of the ACCCIS are under obligation to observe and comply with the decisions made by the Management Committee in connection with the affairs of the ACCCIS in pursuance of the objects of the ACCCIS and the policy laid down by the General Meeting until and unless countermanded by a decision of a General Meeting.

 

Rule 12 WORKING COMMITTEE

  • The following members of the Management Committee shall form a Working Committee of the ACCCIS:
i) President
ii) Deputy President
iii) Six Vice Presidents
iv) Secretary General
v) Assistant Secretary General
vi) Treasurer and
vii) Assistant Treasurer
  • The Working Committee shall meet at least once in every four months and 7 days notice of each meeting shall be given to all Working Committee Members. At Least one half of the Working Committee members present shall form a quorum of any Working Committee Meeting.
  • The Working Committee shall be responsible for the day-to-day activities of the ACCCIS and shall have the power to employ or dismiss the Executive Secretary and other paid staff of the ACCCIS.
  • The Working Committee may obtain approval by circular letter when the need arises. Provisions of Section 11(e) shall also apply to the working Committee.

Rule 13 TENURE OF OFFICE

  • The president whose post shall be by rotation by the president of each chamber member of the ACCCIS from the divisional headquarters with a membership of 300 and above and shall only hold office for a term of three years and shall not be eligible for re-election to the same post for a consecutive term; provided that if any president of the chamber member shall be elected as the President of the Associated Chinese Chambers Of Commerce and Industry of Malaysia, the president of the chamber member concerned shall automatically become or continue to be as the case may be, the president of the ACCCIS.
  • The other office bearers of the ACCCIS shall hold office for a term of three years and shall be eligible for re-election.

Rule 14 DUTIES OF OFFICE BEARERS

  • President shall
  • lead the ACCCIS and supervise the management of the affairs of the ACCCIS;
  • be the principal representative of the ACCCIS in dealing with external affairs;
  • convene and preside at all General Meetings, and all Management Committee and Working Committee meetings;
  • sign the minutes of each meeting at the time they are approved and shall have casting vote.
  • Deputy President shall assist the President in carrying out his duties. During the President’s absence, he shall deputise him.
  • Vice Presidents shall assist the President and Deputy President in carrying out their duties. During the absence of both the President and Deputy President, one of the Vice Presidents shall act for the President and one other shall be appointed to act for the Deputy President.
  • Secretary General shall conduct the business of the ACCCIS in accordance with its Rules and shall carry out the decisions of the General Meeting and of the Management Committee and Working Committee. He shall be responsible for the conduct of correspondence, the safe keeping of books and records, and shall maintain a membership register containing the following particulars of each chamber member:-
(i)      serial number
(ii)     name of chamber member
(iii)    date of admission
(iv)    membership of chamber member
(v)     address of chamber member
(vi)    names of delegates and their personal particulars
  • Assistant Secretary General shall assist the Secretary General in carrying out his duties and shall act for him during his absence.
  • Treasurer shall be responsible for the management of the financial matters of the ACCCIS. He shall keep accounts of all financial transactions of the ACCCIS and shall keep correct records of sums of money received and expended, and shall present the duly audited Annual Accounts and Balance Sheet for the approval of the Annual General Meeting.
  • Assistant Treasurer shall assist the Treasurer in carrying out his duties and shall act for him during his absence.

Rule 15 FINANCIAL PROVISIONS

  • The Financial Year of the ACCCIS shall commerce on the first day of April and end on the 31st day of March the following year.
  • The funds of the ACCCIS shall be utilized only for purposes necessary in attaining its objects and carrying out its activities.
  • The Treasurer may hold a petty cash advance of not exceeding $1,000 at any one time. All money in excess of this sum shall within 7 days of receipt be deposited in bank account opened in the name of the ACCCIS.
  • The President shall have the power to authorize expenditure not exceeding RM30,000 at any one time; no expenditure exceeding RM30,000 at any one time shall be incurred without prior sanction of the Working Committee; no expenditure exceeding RM80,000 at any one time shall be incurred without prior sanction of the Management Committee; expenditure exceeding RM150,000 at any one time shall be prior sanctioned by the General Meeting.
  • All funds of the ACCCIS shall be deposited in a banks approved by the Management Committee.
  • All cheques or withdrawal notices on the ACCCIS’s accounts shall be jointly signed by 2 persons, namely:-
  • the President, or the Deputy President, or the Secretary General, and
  • the Treasurer or the Assistant Treasurer.

Rule 16 AUDITORS

  • One or more qualified accountants shall be appointed by the Annual General Meeting as Auditor/Auditors of the ACCCIS. He/They shall hold the appointment for one year and may be re-appointed.
  • The Auditor/Auditors shall be required to audit the accounts of the ACCCIS for the year, and to prepare a report or certificate for the Annual General Meeting. He/They may also be required by the President  to audit the accounts of the ACCCIS for any period within his/their tenure of office at any date and to make a report to the Management Committee.

Rule 17  APPOINTMENT OF OFFICERS UNDER SECTION 9(b) OF SOCIETIES ACT, 1966

  • Three officers who must be office bearers and over 21 years of age, shall be appointed triennially at the Annual General Meeting for the purpose of Section 9(b) of the Societies Act, 1966.
  • They shall hold office until their term expires at the next Annual General Meeting and shall be eligible for re-election.
  • The officers appointed under this Rule shall deal with the immovable property of the ACCCIS in such manner as the General Meeting may direct provided that all immovable properties shall be registered in the name of the ACCCIS.
  • The officers shall not sell, withdraw or transfer any of the property of the ACCCIS without the consent and authority of a General Meeting.
  • An officer appointed under this Rule may be removed from office by a General Meeting on the ground that, owing to ill health, unsoundness of mind, absence from the country or for any other reason, he is unable to perform his duties or unable to do so satisfactorily. In the event of the death, resignation or removal of an officer before the Annual General Meeting, the vacancy shall be filled by an Extraordinary General Meeting convened for the purpose.

Rule 18 AMENDMENTS

The Rules of the ACCCIS may be amended by a resolution passed by two-thirds of the delegates at a General Meeting.  Such amendments shall take effect from the date of their approval by the Registrar of Societies.

Rule 19 DISSOLUTION       

  • The ACCCIS may be voluntarily dissolved by a resolution of not less than three-fifths of the total membership at a General Meeting.
  • In the event of the ACCCIS being dissolved as provided above, all debts, liabilities legally incurred on behalf of and by the ACCCIS shall be fully discharged and the remaining funds shall be disposed of in such manner as may be decided by a General Meeting.
  • Notice of dissolution shall within 14 days of the date of dissolution be sent to the Registrar of Societies.

 

Rule 20 SPECIAL PROVISIONS

  • All chamber members in the Management and Working Committee and every officer performing the executive functions in the ACCCIS shall be Malaysian citizens.
  • Any person shall not hold office in the ACCCIS or become an adviser or employee of the ACCCIS if he is disqualified under Section 9A of the Societies Act 1966.
  • No gambling of any kind shall be played in the premises of the ACCCIS.
  • The ACCCIS shall not hold any lottery whether confined to its chamber members or not in the name of the ACCCIS or its Management or Working Committee or member without prior approval of the appropriate authority.
  • Neither the ACCCIS nor its chamber members shall engage or try to engage in any trade union activities as defined in the Trade Union Ordinance 1959.
  • All Money and profits accruing to the ACCCIS from participation in any business or investment shall be applied solely towards the furtherance, promotion and execution of the objects of the ACCCIS and no portion thereof shall be paid by way of dividend, bonus or profit to any chamber member of the ACCCIS provided that nothing herein expressed or contained shall prevent the payment in good faith to any officer or servant of the ACCCIS or to any chamber member of the ACCCIS or other persons for services actually rendered by him or them to the ACCCIS.

Rule 21 LOGO

1

The Logo of the Association shall consist of a 9-tooth gear encircling a ceremonial hornbill head and two wings which are linked by the word ACCCIS and the Chinese name of the Association in the lower portion. The colours of the logo are black, yellow and red.  The colours and the hornbill head denote that the Association is a Sarawak body. The gear means the progress of trade and industry.

(Amendment approved by ACCCIS’s AGM on 13th August 2016)