Party Constitution Cont

PART IX
POWERS AND DUTIES

47.  BRANCH, DIVISION AND THEIR COMMITTEES   
47.1 

Subject to the supervision and direction of the relevant State Liaison
Committee and the Central Committee, a Branch or Division may act on all matters through its Branch Committee or Division Committee. 

 
47.2 

A Branch Chairman or a Division Chairman shall, except when he carries out the functions of a chairman of a meeting, act and speak in consultation with the Secretary and the Central Liaison Officer of the Branch or Division.

 
47.3 

A Branch Vice Chairman or a Division Vice Chairman shall, when authorized by the Chairman of the Branch or Division Committee, exercise the powers of the Chairman of the Branch or Division.

 
48. 

THE STATE DELEGATES’ CONFERENCE AND THE STATE LIAISON
COMMITTEE

 
48.1  Subject to the supervision and direction of the President or the National Delegates’ Conference, a State Delegates’ Conference may act on all matters through its State Liaison Committee or its State Working Committee or the Chairman and shall have the power to supervise and direct the activities of the Branches and Divisions in their respective states.  
48.2 

A State Liaison Committee Chairman shall, except when he carries out the functions of a chairman of a meeting, act and speak in consultation with the Secretary and the Central Liaison Officer of the State Liaison Committee.

 
48.3 

A State Liaison Committee Vice Chairman shall, when authorized by the Chairman or the State Liaison Committee, exercise the powers of the Chairman of the State Liaison Committee.

 
49. 

THE NATIONAL DELEGATES’ CONFERENCE AND THE CENTRAL
COMMITTEE 

The National Delegates’ Conference shall have the powers, through the
Central Committee, to supervise and direct the activities of all Branches,Divisions and States.

 
50.  SUB-COMMITTEES   
 

Every committee shall have the power to delegate its duties to any office bearer or a sub-committee or working committee.

 
51.  THE SECRETARY GENERAL   
51.1 

The Secretary General shall have the power and the duties of administering and co-ordinating all the activities of the Central Committee and the National Delegates’ Conference and all State Liaison Committees, Divisions and Branches and of acting in accordance with the directions and instructions given and the policies laid down by the National Delegates’ Conference, the Central Committee, the Central Working Committee and the President.

 
51.2 

The Secretary General shall be the Chief Executive Officer. He shall be
responsible for the appointment of the Executive Secretary, Organising
Secretaries and such other member of the Secretariat staff as are necessary, after approval has been obtained from the Central Working Committee for such appointments.

 
51.3 

The Secretary General shall have the power to make such Rules as he may deem necessary for the efficient administration of the Secretariat and to determine the terms and conditions of service of the staff in the Secretariat. 

 
52.  THE DEPUTY SECRETARIES GENERAL   
 

The Deputy Secretaries General shall carry out the duties assigned to them by the Secretary General.

Am.
24 Oct. 1997 

53.  SECRETARIES OF COMMITTEES   
53.1 

The Secretary of a Branch shall carry out the functions and duties of
administering the Branch and co-ordinating all the activities of the Branch and shall carry out in particular the duties assigned to him by the Secretary of the Division Committee to which the Branch belongs and/or by the Secretary General.

 
53.2 

The Secretary of a Division shall carry out the functions and duties of
administering the Division and co-ordinating all the activities of the Branches forming such Division and shall carry out in particular the duties assigned to him by the Secretary of the State Liaison Committee to which the Division belongs and/or by the Secretary General.

 
53.3 

The Secretary of the State Liaison Committee shall carry out the functions and duties of administering the State Liaison Committee and co-ordinating all the activities of the Divisions forming such State Liaison Committee and shall carry out in particular the duties assigned to him by the Secretary General.

 
54.  ASSISTANT SECRETARIES   
 

All Assistant Secretaries of Branches, Divisions and State Liaison Committee shall assist the Secretaries of the respective Branches, Divisions or State Liaison Committee.

 
55.  THE NATIONAL TREASURER   
55.1 

The National Treasurer shall have the power and the duties of supervising, checking and controlling the finances of the Party and its organisations, and all funds and expenses of the Party including those of every State, Division and Branch, shall be held and paid by him and/or by any other person so authorized by him.

 
55.2 

The National Treasurer shall have the power to make such Rules, subject to the approval of the Central Committee, as he may deem necessary for the collection, control and administration of funds in the Branches, Divisions and the State Delegates’ Conferences and shall have the power to take appropriate action to ensure that such Rules are adhered to or implemented.

 
56.  THE DEPUTY NATIONAL TREASURER   
 

The Deputy National Treasurer shall carry out the duties assigned to him by the National Treasurer.

 
57.  BRANCH/DIVISION/STATE TREASURERS   
 

All Branch, Division and State Treasurers shall carry out the duties assigned to them by the National Treasurer besides assisting him in supervising, checking and controlling the finances of the Party at its respective levels. 

 
58.  THE CENTRAL LIAISON OFFICER   
 

The Central Liaison Officer of a State Liaison Committee, Division or Branch Committee shall carry out the duties on liaison work as assigned to him by the Secretary General between such committee to which he is appointed and the Central Committee.

 
59.  CHAIRMEN OF BUREAUX   
59.1 

The Chairman of each Bureau in a Branch, Division, State Liaison Committee or the Central Committee shall have the power of supervising, directing and co-ordinating the activities of his Bureau and of co-opting such members as deemed necessary for the carrying out of its activities.

 
59.2 

The Chairman of each Bureau may, if necessary, appoint a Secretary to assist him in the functions and activities of such a Bureau.

 
60.  SECRETARIES OF BUREAUX   
 

The Secretary of a Bureau in a Branch, Division, State Liaison Committee or the Central Committee shall carry out the duties assigned to him by the Chairman of such a Bureau.

 
61.  THE PRESIDENT   
 

The President shall be the leader of the Party and shall have the power and shall carry out the duties of advising on and supervising, directing and conducting all the activities of the Party after due consultation with the Secretary General. He shall be the Chairman of the Central Committee and the Central Working Committee.

 
62. THE DEPUTY PRESIDENT  
 

The Deputy President shall assist the President and shall deputize for the President in his absence.

 
63.

THE VICE PRESIDENTS

 
 

A Vice President shall assist the President and the Deputy President and shall when authorized by the President, in the absence of the Deputy President exercise any of the powers of the President.

 

 

 

PART X
SPECIAL POWERS OF THE
NATIONAL DELEGATES’ CONFERENCE

64.  SPECIAL POWERS OF THE NATIONAL DELEGATES’ CONFERENCE   
64.1 

Without prejudice to the generality of its powers conferred by this Constitution the National Delegates’ Conference shall have the following powers :-

 
 

a.to appoint from time to time such Ad-Hoc Sub-Committees as it may
deem fit to consider and deal with special matters as may be necessary;

 
 

b.to determine and provide terms of reference for such sub-committees as it may think fit and to make such Rules as may be necessary for the regulation of its business;

 
 

c.to enter into arrangements upon such terms and subject to such
conditions as the National Delegates’ Conference may deem desirable for working in conjunction with any political party, association or organisation with like aims and objects;

 
 

d.to make such Rules as the National Delegates’ Conference may consider expedient for the joint working of the business of any organisation connected with the Party or for the purpose of defining the terms and conditions of the joint working of the business of such organisation or as may from time to time be agreed upon between the National Delegates’ Conference and such organisation;

 
 

e.subject to these Articles to regulate its own proceedings, direct, manage and control the affairs of the Party and act in the name of the Party;

 
 

f.to make such Rules for the election of members and office bearers or for carrying on the business of the Party at all levels as it may from time to time think necessary for the furtherance of all or any of the objects for which the Party is established, provided always that no such Rules shall be inconsistent with these Articles nor shall such Rules be contrary to any written law governing elections to legislative, public or other bodies;

 
 

g.to prepare and implement any programme for the attainment of any of the objects of the Party;

 
 

h.to present the views of the Party in any manner relating to any of the objects of the Party or on questions of general interest;

 
 

i.to approve or confirm actions taken or policies decided upon by the
Central Committee and any other committee and to delegate, subject to such conditions as it may think fit, all or any of its powers, except those under sub-Article (k) of this Article and such other Articles as are herein expressly prohibited from being delegated;

 
 

j.to collect or receive any donation or contribution in money or kind for the attainment of any of the objects of the Party;

 
 

k.subject to Article 92 to amend the Articles of this Constitution as it shall think expedient for the attainment of any object of the Party or for the better management thereof;

 
 

l.to purchase, take or lease, or license or hire or otherwise acquire
movable or immovable property of any kind, and to sell, exchange or
otherwise dispose of or deal with any movable or immovable property; to charge mortgage or give as security any or all of the assets of the Party and to obtain any loan with or without security; 

 
 

m.to print or publish newspapers, periodicals and pamphlets for the
dissemination of information with respect to matters having relation to the objects of the Party; 

 
 

n.to promote or oppose legislative and other measures affecting or likely to affect the interests of the country or the members of the Party;

 
 

o.to communicate with public authorities and with other kindred bodies on all matters affecting the national and public interest;

 
 

p.to appoint trustees and authorize such trustees to accept undertake or execute any deed of trust.

 
 

q.to deal with all matters appertaining to the Party not specifically provided
for by these Articles.

 
64.2 

The National Delegates’ Conference shall have further powers to deal with and have ultimate control over all matters of whatsoever nature concerning the Party.

 

 

 

PART XI
SELECTION OF CANDIDATES

65. FOR LOCAL GOVERNMENT   
65.1 

Subject to Article 65.2, any recommendations to the State Working
Committee for candidacy for any appointed or elected posts other than the General Election or By-Election in any State, may be recommended by either the Branch or Division Committees concerned or by both. The State Working Committee shall take such recommendations into consideration and submit its nomination/(s) to the Central Working Committee.

Am.
01 Nov. 2009

 
65.2 

The Central Working Committee shall have the final decision in nominating a candidate for such post.

Add
01 Nov. 2009

66.  FOR GENERAL ELECTION   
66.1 

Subject to Article 66.2, any recommendations to the State Working
Committee for candidacy in the General Election or By-Election, may be recommended by either the Branch or Division Committees concerned or by both. The State Working Committee shall take into consideration such recommendations and submit its nomination/(s) to the Central Working Committee.

Am.
01 Nov. 2009

 
66.2 

The Central Working Committee shall have the final decision in nominating a candidate for such post.

Add
01 Nov. 2009

66.3 

Unless a candidate has been issued with the Certificate of Nomination by the Secretary General, he shall not be deemed to have been nominated to contest in the election by the Party.

Am.
01 Nov. 2009 

 

 

PART XII
CONTROL OF GOVERNMENT
(LOCAL, STATE OR CENTRAL)
BY THE PARTY

67. 

CONTROL OF GOVERNMENT (LOCAL, STATE OR CENTRAL) BY THE
PARTY

 
 
67.1 

In the event of the Party or a coalition in which the Party is a component member gaining a majority in any Local Authority, State or Parliamentary Elections, the members of the Party so elected shall, before taking office, obtain the approval of the Central Committee. The Central Committee shall give such directions as it may deem necessary with regard to the acceptance of office, more particularly of :-

 
  a.the Chairmanship of the Local Authority;   
  b.the membership of the Executive Council or Cabinet of the State;   
  c.the membership of the Cabinet of the Federation of Malaysia.   
67.2 

It shall be mandatory on the part of a Government formed by the Party, to function in accordance with the directions of the Party and in complete harmony with the policies and aspirations of the Party.

 

 

 

PART XIII
MEETINGS

68.  RULES   
 

All meetings shall be governed by such Rules as may be laid down from time to time by the National Delegates’ Conference.

 
69.  PLACE OF MEETING   
 

Meetings of the Party shall be held at its Registered Office addresses or at such other addresses for which notices have been given to the members.

 
70.  FREQUENCIES   
70.1  A Branch Committee shall meet at least once in every month.   
70.2  A Division Committee shall meet at least once in every two months.   
70.3  A State Liaison Committee shall meet at least once in every three months.   
70.4  The Central Committee shall meet at least once in every three months.   
70.5  Meetings of a standing or ad-hoc sub-committee shall be held as and when its Chairman thinks necessary.  
70.6 

The Secretary General in consultation with the President of the Party or the Secretary in consultation with the Chairman of any committee or subcommittee of the Branch, Division or State Liaison Committee thereof may call at any time a meeting of the body over which they represent.

 
70.7 

The President of the Party may call a meeting of any body or committee of the Party whenever he deems it necessary to do so in accordance with the provisions of the Constitution.

 
71.  NOTICE OF MEETINGS   
71.1  Notice of any meeting shall be in writing and be of the following duration :-   
  a.For a sub-committee or committee at least 7 days notice;   
  b.For Branch and Division Committees at least 7 days notice;   
 

c.For Branch and Division general meetings, State Liaison Committee or Central Committee at least 14 days notice;

 
  d.For State and National Delegates’ Conferences at least 21 days notice.   
71.2 

The President or the Chairman of a Branch, Division or State Liaison
Committee or sub-committee concerned may in cases of urgency give such notice as he may think fit but the duration of such notice shall not be less than half the period provided for above.

 
72.  ABSENCE FROM MEETINGS   
 

Any member of a committee of the Party who absents himself for three
consecutive meetings of such a committee without any valid reason shall ipso facto cease to be a member of such a committee, and the vacancy so created shall be filled in accordance with the provisions of this Constitution as if such a member has resigned his office.

 

 

 

PART XIV
EXTRAORDINARY MEETINGS

73.  AT BRANCH, DIVISION AND STATE LEVELS   
73.1 

An Extraordinary meeting of a Branch, Division or State Delegates’
Conference of the Party may be requisitioned by at least one fourth (1/4) or 50, whichever is the less, of the members of the Branch, Division or State Delegates’ Conference concerned giving at least 21 days notice to the Chairman or Secretary of the Branch, Division or State Delegates’ Conference concerned specifying the date and time for the meeting and the agenda for discussion.

 
73.2 

Notice and agenda for an Extraordinary meeting of the Branch, Division or State Delegates’ Conference shall be sent to all members of the respective Branch, Division or State Delegates’ Conference concerned at least 12 days before the date fixed for the Conference.

 
73.3 

Any meeting so requisitioned under this Article, if no quorum is present after half an hour from the appointed time of the meeting, the requisitioned Extraordinary meeting shall be cancelled and no Extraordinary meeting shall be requisitioned for the same purpose until the lapse of at least 6 months from the date thereof.

 
74.  AT NATIONAL LEVEL   
74.1 

An Extraordinary National Delegates’ Conference of the Party shall be
convened :-

 
  a.if directed by the President in consultation with the Secretary General;   
  b.whenever the Central Committee deems it desirable;   
 

c.if jointly requested for by at least 50% of the Divisions; Provided that reasons are given in writing to the Secretary General who shall convene it within 45 days from the date of the receipt of such requisition.

 
74.2 

Notice and agenda for an Extraordinary National Delegates’ Conference shall be sent to all delegates at least 7 days before the date fixed for the Conference.

 
74.3 

Any Extraordinary National Delegates’ Conference convened at the
requisition of the Divisions under this Article 74.1(c) if no quorum is present after half an hour from the appointed time of the meeting, the requisite Extraordinary National Delegates’ Conference shall be cancelled and no Extraordinary National Delegates’ Conference shall be requisitioned for the same purpose until the lapse of at least 6 months from the date thereof.

 

 

 

PART XV
QUORUM

75.  NUMBER REQUIRED TO CONSTITUTE A QUORUM   
 

Unless otherwise expressly provided for in this Constitution the quorum for the conduct of proceedings of any meeting shall be the presence at all times of at least 50 or one fourth (1/4), whichever is the lesser, of the number of members entitled to vote at the meeting.

Am.
30 Sept. 2001

76.  DECISIONS ARISING FROM LACK OF QUORUM   
 

Unless otherwise provided for in this Constitution, if half an hour after the time appointed for the meeting a quorum is not present, the meeting shall be adjourned for another half an hour; and if there are still not enough members to constitute a quorum at the end of the second half hour, the members present shall have the power to proceed with the business of the day but they shall not have the power to amend the articles of the Party Constitution and to make decisions affecting the whole membership.

 

 

 

PART XVI
SUSPENSION OR DISSOLUTION OF
ANY COMMITTEE, BRANCH, DIVISION, STATE
OR THE PARTY

77.  DISSOLUTION OF THE BRANCH/DIVISION   
  The Central Working Committee may dissolve :-   
 

a.a Branch, if for a consecutive period of 6 months its membership is less than 50;

 
 

b.a Division, if for a consecutive period of 6 months the number of branches in the area wherein the Division is formed is less than 4; 

Am.
24 Aug. 2003

  c.a Branch or a Division for reorganisation purposes.   
  d.(Deleted) 

Am.
30 Sept. 2001

78. 

SUSPENSION OF ANY COMMITTEE AND APPOINTMENT OF
CARETAKER COMMITTEE

Am.
30 Sept. 2001 

78.1 

The Central Working Committee may suspend any committee of the Party for conduct prejudicial to the Party pending investigations.

Am.
15 Oct. 1998

78.2 

The Central Working Committee may for the purpose of investigations and enquiries delegate its powers to any sub-committee or bureau of not fewer than three members.

Am.
30 Sept. 2001 

78.3 

In the event that any Branch, Division or State Liaison Committee is
suspended under this Article, the Central Working Committee shall appoint from amongst the Party members a Chairman and committee members of a caretaker committee to administer the Branch, Division or State as the case may be, until such time as the suspension has been lifted or fresh elections are held as directed by the Central Committee. 

Am.
30 Sept. 2001

 
 79. DELIVERY OF DOCUMENTS UPON DISSOLUTION OR SUSPENSION 

Am.
30 Sept. 2001

 

In the event of any dissolution or suspension carried out in accordance with Article 77 or 78, it shall be the responsibility of the Chairman, the Secretary and the Treasurer of the Branch, Division or State Liaison Committee concerned to deliver to the Secretary General or to his representative all books, records, monies and other properties in their possession, together with a Statement of Accounts from the date of the last audited Accounts to the date of the order of dissolution or suspension.

Am.
30 Sept. 2001

 
80. 

MEMBERS OF DISSOLVED BRANCHES OR DIVISIONS OR OF
SUSPENDED COMMITTEES

Am.
30 Sept. 2001

80.1 

Members of Branches or Divisions dissolved under Article 77(a), (b) or (c) may join another Branch, subject to the approval of the Central Working Committee.

Add
30 Sept. 2001

80.2 

Any Branch or Division aggrieved by an order of dissolution or any committee aggrieved by an order of suspension by the Central Working Committee may appeal to the Central Committee in writing within 14 days of the receipt to such order. Notwithstanding such an appeal, the order of the Central Working Committee shall be operative until set aside.

Am. (80)
30 Sept. 2001 

81.  VOLUNTARY DISSOLUTION OF THE PARTY   
81.1 

The Party may voluntarily dissolve through a resolution passed by a twothirds majority at a National Delegates’ Conference specially convened for that purpose.

 
81.2 

In the event of the Party being dissolved as provided for above, all debts and liabilities legally incurred on its behalf shall be fully discharged, and the remaining funds shall be disposed of in such manner as may be decided upon by the National Delegates’ Conference.

 

 

 

PART XVII
FINANCIAL PROVISIONS

82.  SOURCES OF INCOME   
  The income of the Party shall be derived from the following sources :-   
  a.subscriptions;   
  b.donations;   
  c.rentals from premises owned and let or leased out by the Party; and   
 

d.such other sources as may be approved from time to time by the Central Committee.

 
83.  UTILISATION OF FUNDS   
83.1 

The whole or part of all subscriptions or donations under Articles 82 may be apportioned and re-allocated by the Central Committee to the Branch, Division and/or State Liaison Committees in such manner and proportion as may be approved by the Central Committee from time to time.

 
83.2 

Subject to the following provisions in this part the funds of the Party may be expended for any purpose necessary for the carrying out of its objects, 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 account be used to pay the fine of any member who may be convicted in a Court of Law.

 
84.  MANAGEMENT OF PARTY FUNDS   
84.1 

The National Treasurer may hold a petty cash advance not exceeding
RM1,000 at any one time. All money in excess of this sum shall within 7 days of receipt be deposited in a bank account approved by the Central
Committee. The Bank account shall be in the name of the Party.

 
84.2 

All cheques or withdrawal notices on the Party’s account shall be signed
jointly by the President or any other person duly authorized by him, the
Secretary General and/or the National Treasurer. In the absence of the
Secretary General or National Treasurer, the Central Committee shall appoint one of its members to sign in his place.

 
84.3 

No expenditure exceeding RM5,000 at any one time shall be incurred without the prior sanction of the Central Working Committee. Expenditure below RM5,000 at any one time may be approved by the President, the Secretary General and the National Treasurer.

 
84.4 

No fund shall be collected, held or expended by any Branch, Division or the State Committee without the written approval of the National Treasurer.

 
85.  PUBLIC APPEALS FOR DONATIONS   
 

No appeal to the public for any donation shall be made on behalf of the Party without the prior written sanction of the Central Working Committee. Collection of subscriptions and/or donations shall only be acknowledged by receipt issued by the National Treasurer or such person or persons duly authorized by him.

 
86.  RULES FOR THE CONTROL OF FUNDS   
 

The Central Committee shall have the power to make Rules in connection with the control, disposition and handling of monies, lands, buildings and other property of the Party at all levels of its organisation.

 
87.  ANNUAL ACCOUNTS   
 

As soon as possible after the end of each financial year a Statement of
Income and Expenditure, Receipts and Payments and a Balance Sheet for the year shall be prepared and audited by the Auditors appointed under Article 88. The audited Accounts shall be submitted for the approval of the next National Delegates’ Conference and copies shall be made available at the registered Secretariat of the Party and to members.

 
88.  APPOINTMENT/DUTIES OF AUDITOR   
88.1 

The National Delegates’ Conference shall appoint a qualified Accountant or a firm of accountants as a paid Auditor. The Auditor thus appointed shall hold his appointment until he resigns or until his appointment is otherwise terminated by the National Delegates’ Conference.

 
88.2 

The Auditor shall be required to audit the Accounts of the Party and to
prepare a report or certificate annually for the National Delegates’
Conference. He may also be required by the President to audit the accounts of the Party for any period within his tenure of office at any date and to make a report to the Central Committee.

 

 

 

PART XVIII
ASSETS

89.  ASSETS   
89.1 

Unless otherwise expressly provided for in this Constitution, all assets of
whatsoever nature of the Party shall be under the control of the Central
Committee to be dealt with in such manner as it may decide.

Am.
31 Jan. 1997

89.2 

All immovable properties of the Party shall be held in the name of Parti
Gerakan Rakyat Malaysia.

 
89.3 

Any lease, charge, debenture, mortgage, assignment, pledge or disposal of any of the immovable properties of the Party shall be invalid without the prior written consent of the Party Immovable Property Committee duly signed by all the members of the said Committee.

Am.
31 Jan. 1997

 

 

 

PART XIX
CONSTITUTION AND RULES

90.  RULES   
90.1 

The Rules of the Party shall be deemed to be part of this Constitution and accordingly shall have the same force and effect.

 
90.2 

New Rules may be formulated when considered necessary and existing Rules may be amended or rescinded by a Resolution of the Central Committee.

 
90.3 

The Rules of the Party on any matter pertaining to the Central Committee may be adopted with modifications if necessary to apply to a Branch Committee, a Division Committee or a State Liaison Committee.

 
90.4 

Where no special provision has been made in these Articles for any matter relating to the management of the affairs of the Branch, Division and State organisations of the Party the relevant Article relating to the management of the national organisation shall be followed by the Branch, Division or State organisations insofar as it is applicable. 

 
91.  THE CONSTITUTION   
91.1 

This second substituted Constitution as approved by the National Delegates’ Conference held on 30th and 31st July 1994 shall come into force from the date of approval by the Registrar of Societies.

 
91.2 

On the coming into force of this Constitution, the first substituted Constitution adopted at the Delegates’ Conference of the Party held on 14th January, 1973 together with all subsequent amendments shall automatically be deemed to have been repealed, but all acts legally done, performed or carried out under the first substituted Constitution and its subsequent amendments so repealed shall remain valid notwithstanding that such acts are inconsistent with the provisions of this second substituted Constitution.

 
91.3 

In the event of any dispute and/of difficulty arising on the coming into force of this Constitution, such dispute and/or difficulty shall be resolved by the Central Committee whose decision shall be final and binding and shall not be challenged, appealed against, reviewed, quashed or called in question in any court on any ground regarding the validity of such decision. 

 
92.  AMENDMENT OF THE CONSTITUTION   
92.1 

Any member of the National Delegates’ Conference seconded by another
such member may propose to amend any article of this Constitution by giving notice in writing to the Secretary General not less than 14 days before the date of the meeting of the National Delegates’ Conference. The Secretary General shall on receipt of such notice notify all the members of the National Delegates’ Conference of such proposal and shall send copies of the proposed amendments to each member of the National Delegates’ Conference not later than 7 days before the meeting. No such proposal shall be carried into effect unless it is passed by a majority of at least two thirds of the voting members present at the meeting.

Am.
30 Sept. 2001

 
92.2 

Any amendment to Article 10 or to Article 89.3 of this Constitution must also be approved by a majority of at least two thirds of the voting members of Life Members Council.

Am.
31 Jan. 1997

92.3 

Any amendment shall be submitted to the Registrar of Societies within 28 days of being passed by the National Delegates’ Conference and shall take effect from the date of its approval by the Registrar of Societies.

 

 

 

PART XX
MISCELLANEOUS PROVISIONS

93.  LIMITATION OF PARTY LIABILITIES   
 

The Party shall not be liable or responsible for any contract entered into or liability incurred in its name without the approval and authorization in writing of the Central Committee.

 
94.  POWERS TO APPOINT AND TERMINATE APPOINTMENTS   
  Unless otherwise provided for in this Constitution where powers are conferred upon any person or body to appoint, such person or body shall also have the power to terminate such appointment in like manner.
 
 
95.  SERVICE OF DOCUMENTS   
 

Any document required by any Article in this Constitution or under any Rule made pursuant to the provisions of this Constitution to be sent to any member, or Branch, Division, State Liaison Committee or to any organisation affiliated to the Party, if delivered at or sent by ordinary or registered post to his or its address as shown in the relevant register kept at the Party Headquarters, shall be deemed to have been duly served.

 
96.  PROHIBITIONS   
96.1 

Every officer performing executive functions in the Party and every adviser shall be Malaysian citizens. 

 
96.2  (Deleted) 

Am
29 Sept 2012

96.3 

No person shall institute any proceeding in a court of law against the Party, its committee and / or member for any action taken pursuant to the Party’s Constitution or Rules.

Add
29 Sept 2012

 

 

PART XXI
INTERPRETATION

97.  INTERPRETATION   
97.1 

Notwithstanding Article 13, a “Voting Member” shall be a member who,
according to the qualifying register of membership as on the first of January of the year in which elections are held as certified by the Secretary General, has been a member for more than two (2) years and has on or before the 30th of June, preceding the year of elections, paid his subscriptions for the years at least up and including the year preceding the year of elections.

Am.
24 Oct. 1997

 
97.2 

“Party” shall mean Parti Gerakan Rakyat Malaysia or Malaysian People’s
Movement Party.

 
97.3 

“Elections” shall mean the election of office bearers and delegates in any Branch, Division, State Delegates’ Conference and the National Delegates’ Conference held in accordance with the provisions of this Constitution.

 
97.4 

“Office Bearers” shall mean a delegate to a Division, State Delegates’
Conference and the National Delegates’ Conference or a member of a
committee.

Am.
24 Aug. 2003

97.5 

“A State” shall mean anyone of the States comprising Malaysia provided that the Federal Territories of the Capital of Kuala Lumpur, Labuan and Putrajaya shall be deemed to be a State.

Am.
24 Aug. 2003

97.6 

Words in the singular include plural and words in the masculine gender
include the feminine gender where the context so admits.

 
97.7  “Member of Parliament” shall mean a member of either House of Parliament.  
97.8  “Rules” shall mean also regulations and by-laws of the Party.   
97.9  “To amend” shall also mean to add, repeal, substitute or alter.   
97.10 

“This Constitution” shall mean the English language version of the
Constitution of the Party.

 

 

 

 

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