PART IX
POWERS AND DUTIES
47. | BRANCH, DIVISION AND THEIR COMMITTEES | |
47.1 |
Subject to the supervision and direction of the relevant State Liaison |
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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. |
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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. |
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48. |
THE STATE DELEGATES’ CONFERENCE AND THE STATE LIAISON |
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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. |
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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. |
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49. |
THE NATIONAL DELEGATES’ CONFERENCE AND THE CENTRAL The National Delegates’ Conference shall have the powers, through the |
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50. | SUB-COMMITTEES | |
Every committee shall have the power to delegate its duties to any office bearer or a sub-committee or working committee. |
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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. |
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51.2 |
The Secretary General shall be the Chief Executive Officer. He shall be |
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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. |
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52. | THE DEPUTY SECRETARIES GENERAL | |
The Deputy Secretaries General shall carry out the duties assigned to them by the Secretary General. |
Am. |
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53. | SECRETARIES OF COMMITTEES | |
53.1 |
The Secretary of a Branch shall carry out the functions and duties of |
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53.2 |
The Secretary of a Division shall carry out the functions and duties of |
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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. |
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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. |
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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. |
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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. |
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56. | THE DEPUTY NATIONAL TREASURER | |
The Deputy National Treasurer shall carry out the duties assigned to him by the National Treasurer. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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62. | THE DEPUTY PRESIDENT | |
The Deputy President shall assist the President and shall deputize for the President in his absence. |
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63. |
THE VICE PRESIDENTS |
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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 :- |
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a.to appoint from time to time such Ad-Hoc Sub-Committees as it may |
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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; |
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c.to enter into arrangements upon such terms and subject to such |
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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; |
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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; |
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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; |
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g.to prepare and implement any programme for the attainment of any of the objects of the Party; |
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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; |
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i.to approve or confirm actions taken or policies decided upon by the |
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j.to collect or receive any donation or contribution in money or kind for the attainment of any of the objects of the Party; |
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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; |
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l.to purchase, take or lease, or license or hire or otherwise acquire |
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m.to print or publish newspapers, periodicals and pamphlets for the |
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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; |
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o.to communicate with public authorities and with other kindred bodies on all matters affecting the national and public interest; |
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p.to appoint trustees and authorize such trustees to accept undertake or execute any deed of trust. |
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q.to deal with all matters appertaining to the Party not specifically provided |
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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 |
Am. |
65.2 |
The Central Working Committee shall have the final decision in nominating a candidate for such post. |
Add |
66. | FOR GENERAL ELECTION | |
66.1 |
Subject to Article 66.2, any recommendations to the State Working |
Am. |
66.2 |
The Central Working Committee shall have the final decision in nominating a candidate for such post. |
Add |
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. |
PART XII
CONTROL OF GOVERNMENT
(LOCAL, STATE OR CENTRAL)
BY THE PARTY
67. |
CONTROL OF GOVERNMENT (LOCAL, STATE OR CENTRAL) BY THE |
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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 :- |
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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. |
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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. |
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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. |
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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. |
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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; |
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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 |
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72. | ABSENCE FROM MEETINGS | |
Any member of a committee of the Party who absents himself for three |
PART XIV
EXTRAORDINARY MEETINGS
73. | AT BRANCH, DIVISION AND STATE LEVELS | |
73.1 |
An Extraordinary meeting of a Branch, Division or State Delegates’ |
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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. |
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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. |
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74. | AT NATIONAL LEVEL | |
74.1 |
An Extraordinary National Delegates’ Conference of the Party shall be |
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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. |
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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. |
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74.3 |
Any Extraordinary National Delegates’ Conference convened at the |
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. |
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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; |
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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. |
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c.a Branch or a Division for reorganisation purposes. | ||
d.(Deleted) |
Am. |
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78. |
SUSPENSION OF ANY COMMITTEE AND APPOINTMENT OF |
Am. |
78.1 |
The Central Working Committee may suspend any committee of the Party for conduct prejudicial to the Party pending investigations. |
Am. |
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. |
78.3 |
In the event that any Branch, Division or State Liaison Committee is |
Am. |
79. | DELIVERY OF DOCUMENTS UPON DISSOLUTION OR SUSPENSION |
Am. |
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. |
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80. |
MEMBERS OF DISSOLVED BRANCHES OR DIVISIONS OR OF |
Am. |
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 |
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) |
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. |
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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. |
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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. |
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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. |
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84. | MANAGEMENT OF PARTY FUNDS | |
84.1 |
The National Treasurer may hold a petty cash advance not exceeding |
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84.2 |
All cheques or withdrawal notices on the Party’s account shall be signed |
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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. |
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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. |
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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. |
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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. |
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87. | ANNUAL ACCOUNTS | |
As soon as possible after the end of each financial year a Statement of |
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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. |
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88.2 |
The Auditor shall be required to audit the Accounts of the Party and to |
PART XVIII
ASSETS
89. | ASSETS | |
89.1 |
Unless otherwise expressly provided for in this Constitution, all assets of |
Am. |
89.2 |
All immovable properties of the Party shall be held in the name of Parti |
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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. |
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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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92. | AMENDMENT OF THE CONSTITUTION | |
92.1 |
Any member of the National Delegates’ Conference seconded by another |
Am. |
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. |
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. |
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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. |
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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. |
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96. | PROHIBITIONS | |
96.1 |
Every officer performing executive functions in the Party and every adviser shall be Malaysian citizens. |
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96.2 | (Deleted) |
Am |
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 |
PART XXI
INTERPRETATION
97. | INTERPRETATION | |
97.1 |
Notwithstanding Article 13, a “Voting Member” shall be a member who, |
Am. |
97.2 |
“Party” shall mean Parti Gerakan Rakyat Malaysia or Malaysian People’s |
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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. |
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97.4 |
“Office Bearers” shall mean a delegate to a Division, State Delegates’ |
Am. |
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. |
97.6 |
Words in the singular include plural and words in the masculine gender |
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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 |