Our Constitution

1. NAME
(1) The Association shall be known as
PERSATUAN SIKH MALAYSIA (MALAYSIAN SIKH UNION)

Hereinafter referred to as “the Union”.
(2) Meaning of name:
(3) Level: Kebangsaan

2. ADDRESS

The registered address is

TOWER A-15-3, PINNACLE PJ, JALAN UTARA C 46200
PETALING JAYA SELANGOR

or at such other place as may from time to time be decided by the Committee;
and the postal address is

TOWER A-15-3, PINNACLE PJ, JALAN UTARA C 46200
PETALING JAYA SELANGOR

1. The registered and postal addresses shall not be changed without the prior approval
of the Registrar of Societies.

3. A - OBJECTS

Section A: The objects of this Union shall be as follows:

1. Promote unity in the Malaysian Sikh Community and to further religious, educational,
economical, physical and political advancement.


2. To represent and express the views of the Sikhs on matters affecting their religion,
educational, political, public and economic welfare and have representation in other
organisations.


3. To raise the status of Sikhs and to develop and maintain healthy social intercourse
between Sikhs and other communities.


4. To cooperate with any organisations in the furtherence of one or all, of the objects of
the Union.


5. To establish State Branches throughout Malaysia


6. To raise funds for the foregoing purpose in any legal manner.


7. For attainment of the above mentioned objects Sections or Subcommittees may be
formed. These Sections or Subcommittees shall be responsible for carrying out such duties
as may be delegated to them.


8. To obtain lease or purchase lands and obtain, hire, lease or erect necessary buildings
to carry out any of the above objects; to solicit subscriptions and donations from its members
and from the general public for the furtherence of the objects of the Union.


9. The income and property of the union acquired from any form of business shall be
applied solely towards the promotion, furtherence and carrying out of the objectives of the Union and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the members of the Union,
provided that nothing herein shall prevent the payments in good faith or reasonable and proper remuneration to any officer or servant of the Union in return for any services rendered to the Union.

Section B: POWERS

The Union shall in addition to the powers conferred on it by this constitution have the following powers:


1. To appoint trustees and to substitute or remove them

2. To engage or dismiss the employees of the Union.

4. MEMBERSHIP

There shall be the following categories of membership:
a) Individual Membership

b) Life Membership


1. Every application for membership shall be proposed and seconded by two existing
members in benefit and shall be forwarded with the membership fees and photocopy of the
Identity Card to the General Secretary/Branch Secretary.


2. The Branch Secretary shall submit the application forms to the General Secretary
together with the Membership fee, Membership form and photocopy of the identity Card for
approval by the National council, at the subsequent National Council meeting.


Upon approval,


i The Life membership subscription of the applicants shall be 80% to the Branch and
20% to National Council accounts.

ii. Ordinary membership subscription shall remain in full in the National council

Accounts.

5. ENTRANCE FEES, SUBSCRIPTIONS AND OTHER DUES

1. The subscription shall be paid to the Branch Treasurer or where no Branch exists,
to the Union Treasurer.


2. Individual members shall pay an annual subscription of RM10.00 payable annually or
in advance. Individual members must pay their subscriptions new or old by 31st December.
The levy must be paid to the National Council Treasurer at the latest by 31st January. These
members shall be eligible to participate to vote in the Branch elections.


3. An Individual Member may become a Life Member on payment of Life Membership
subscription of RM150.00.

6. RESIGNATION & TERMINATION

1. A member shall deemed to have ceased membership upon giving such notice in
writing, to the Secretary concerned. All outstanding dues must be settled.


2. A member in arrears of subscription for more than two years shall receive a notice
from the Secretary to pay up all dues within a period of one month otherwise he/she shall
automatically cease to be a member.

7. DELEGATES CONFERENCE

1. The supreme authority of the Union is vested in a Delegates Conference comprising
of the president, all Council members and the Branch delegates. Any nondelegates of the
Union, may with the consent of the President, be present during the proceedings of the
Delegates’ Conference but may not speak or vote.


2. The Branch Chairman shall automatically be a delegate for the Annual Delegates’
conference. The other Branch delegates shall be elected annually at their respective Branch
Annual General Meeting. The AGM may mandate the incoming committee to appoint
Delegates and shall be eligible one delegate for every 30 Life members.


3. Only delegates shall be eligible to vote at any Delegates Conference and shall have
one vote each. The President or whoever acts as President shall have a casting vote.


4. A quorum shall be considered to be formed if the delegates present represent more
than 1/2 of the total number of Branches. The total number of delegates present shall not
count for the purpose of a quorum.


5. If one hour after the time appointed for the conference, a quorum is not present, the
conference shall be postponed to a date (not exceeding 21 days) to be decided by the National
Council and if a quorum is not present after one hour after the time appointed for the
postponed conference, the delegates present shall have the power to proceed with the
business of the day but they shall not have the power to alter the clauses of the Union.


6. An Annual Delegates Conference of the Union shall be held by 31st December on a
date and at a time and place decided by the National Council. The business of the Annual
Delegates Conference shall be:

a) To receive the National Council’s annual report
b) To receive the Treasurer’s report and the audited accounts of the Union for the
previous year.

c) To elect a President, Deputy President and 10 committee members and to appoint 7
members from the Branches to the National Council. To appoint Auditors every alternate
year for the two ensuing years. No person shall be President for more than two consecutive
terms.

d) To deal with such other matters of which at least 7 days’ notice in writing has been
received by the General Secretary.


7. A preliminary notice of the Annual Delegates’ Conference stating the date, the time
and the place of meeting, and calling for motions for discussions at the Conference, mo tions
for amendment of the Clauses, nominations for the election to the National Council and names
of Branch Delegates, shall be sent by the General Secretary to all Branch Secretaries not
later than 14 days before the Annual Delegates Conference.


8. Names of Delegates, nominations for President, Deputy President and Council
Members, motions for discussion at the Conference shall be sent by the Branch Secretaries
not later than 7 days before the Annual Delegates Conference.


9. The National Council shall comprise of the President, the Deputy

President and 10 elected committee members. Of the remaining 8 posts in the National
Council, 7 will be appointed from the branches, represented by the Branch Chairman or his
Vice Chairman. The immediate past President shall be a member of the National Council.


10. The General Secretary shall post the notice and agenda of the conference. The
minutes, annual report and audited accounts shall be distributed at the meeting.


11. An Extraordinary Delegates Conference of the Union shall be convened:


a) Whenever the National council deems it desirable or

b) At the joint request in writing by the Branch committees of three or more Branches,
stating in each case the objects and reasons for such a Conference.


12. An Extraordinary Delegates Conference requisitioned by Branches shall be convened
for a date within thirty days of receipt for such a Conference.


13. The General Secretary shall forward notice and agenda for an Extraordinary
Delegates Conference to all Branch Secretaries at least 15 days before the date fixed for the Conference.


14. Paragraphs (iv) and (v) of this rule regarding quorum and the postponement of an
Annual Delegates Conference will apply to Extraordinary Delegates Conference, but with the proviso that if no quorum is present one hour from the time appointed for a postponed
Extraordinary Delegates Conference requisitioned by Branches, the Conference shall not be requisitioned for the same purpose until after the lapse of at least six months from the date
thereof.

15. The General Secretary shall forward to all Branch Secretaries a copy of the draft
minutes of each Annual and Extraordinary Delegates Conference within two months of its  conclusion.

8. NATIONAL COUNCIL

1. A National Council consisting of a President, a Deputy President and not more than
10 other persons shall be elected at the Annual Delegates Conference every two years. Each
Branch shall be represented by its Chairman on the Council.


2. The candidate for the post of National President and Deputy President should have
been a member of Malaysian Sikh Union for at least 5 years.


For the post of President, the Candidate must have served at least two terms in the National
Council.


For the post of Deputy President, the Candidate must have served at least one term in the
National council.


3. Election of the President, the Deputy President and 10 committee members shall be
by paper ballot.


4. The Immediate Past President shall be a member of the National council.


5. The President in consultation with the elected Council members, at its first Council
Meeting to be held within 24 hours of the conclusion of the Delegates Conference, shall
appoint the following office bearers:


Two Vice Presidents

A General Secretary

Two Assistant General Secretaries

A Treasurer

An Assistant Treasurer


The remaining 11 comprise of the Immediate past President, Chairmen or Vice Chairmen of
the 7 Branches and 3 remaining elected members shall be ordinary Council members.


6. All officers of the union and all those who are performing executive functions of the
Union shall be Malaysian citizens.


7. The Council shall appoint an Executive Committee consisting of the President, the
General Secretary, the Treasurer and three members from the Council to attend to the day
today affairs of the Union. It may also appoint other committees to run specific activities of
the union.


8. The function of the National Council is to organise and supervise all activities of the
Union and to make decisions on matters affecting its running within the General policy laid down by the Delegates Conference including making by laws, of outstanding Malaysians. The National Council may not act contrary to the expressed wishes of the Delegates Conference
without prior reference to it and shall always remain subordinate to the delegates Conference.
It shall furnish a report to each Annual Delegates Conference on its activities during the previous year.


9. The National Council shall meet at least every four months, and at least
14 days notice of each meeting shall be given to the members. At least one half of the Council
members must be present for its proceeding to be valid.


10. Where any urgent matter requiring the approval of the National Council arises, and it
is not possible to convene a meeting, the General Secretary may obtain such approval by  means of a circular letter. The following conditions must be fulfilled before a decision of the  Council is deemed to have been obtained


a) The issue must be clearly set out in the circular and forwarded to all members of the
Council.

b) At least one half of the Council must clearly indicate whether they are in favour or
against the proposal, and

c) The decision must be a majority vote.

d) Any decision obtained shall be reported by the Secretary at the next National Council
Meeting and recorded in the minutes thereof.


11. Any member of the National Council or Branch Committee who fails to attend three
consecutive meetings of the Council or Branch committee without satisfactory explanation
shall be deemed to have resigned from the Council.


12. In the event of the death or resignation of a member of the Council, the Council shall
have the power to coopt any other member of the Union to fill the vacancy until the next
election of the National Council.


13. The National Council shall give instructions to the General Secretary and other officers
for conduct of the affairs of the Union. It may appoint such organisers and such staff, as it
deems necessary. It may suspend or dismiss any organiser or member of staff for neglect of
duty, dishonesty, incompetence, and refusal to carry out the decisions of the Council or for
any other reason, which it deems good and sufficient, in the interest of the Union.


14. It shall give instructions to the trustees regarding the use or disposal of the immovable,
movable or other property of the Union.


15. Between Annual Delegate Conference, the National Council shall interpret the clauses
of the Union and when necessary determine any point on which the clauses are silent.


16. The decisions of the National Council shall be binding on all members of the Union
unless counterminded by a resolution of a Delegates Conference.

9. DUTIES OF OFFICE BEARERS

1. The President shall during his term of office preside at the Delegates Conference and
all meetings of the Council and shall be responsible for the proper conduct of such meetings. He shall sign the minutes of each meeting at the time they are approved. He may issue press releases and decide on all issues that require immediate decision. He or the Secretary shall sign all cheques.

2. The Deputy President shall deputize for the President during the latter’s absence.

3. The Vice Presidents shall assist the President and the Deputy President in their duties.


4. The General Secretary shall conduct the business of the Union in accordance with its
rules and shall carry out the instructions of the Delegates’ Conference and of the National
Council. He shall be responsible for conducting all correspondence and keeping all books including the membership register, documents and papers except the accounts and financial records. He shall attend all meetings and record the proceedings. In conjunction with the Treasurer, he or the President shall sign all cheques on behalf of the Union. He shall also send the Annual returns to the Registrar of Societies. within 60 days from the date of the Annual General Meetings.


5. The Assistant General Secretaries shall assist the Secretary in carrying out his duties
and shall act for him in his absence.


6. The Treasurer shall be responsible for the finances of the Union. He shall keep
accounts of all financial transactions of the Union and shall be responsible for their
correctness. He shall, in conjunction with the President or General Secretary, sign all cheques on behalf of the Union.


7. The Assistant Treasurer shall assist the Treasurer in carrying out his duties and shall
act for him in his absence.


8. The Ordinary Committee members shall attend all committee meetings and assist in
the proper running of the Union.

10. FINANCIAL PROVISIONS

1. The Annual Delegates Conference shall decide from time to time the percentage of
subscriptions to be held by Branches as Branch funds and shall also decide what type of expenditure shall be paid from the Branch funds.


2. Subject to the following provisions in this clause, the fund of the Union may be
expended for any purpose necessary for the carrying out of its objects, including
administration expenses, the payment of salaries, approved allowances and the audit of
accounts but they on no account be used to pay the fine of any member who may be convicted in a Court of Law.


3. The Treasurer may hold a petty cash advance not exceeding RM1000.00 at any one
time. All monies in excess of this sum shall within 7 days of receipt, be deposited in a Bank or Financial Institution approved by the National Council. The account shall be in the name of the Union.


4. Not with standing anything contained in paragraph 2, all cheques or withdrawal notices on the Union account shall be signed jointly by the Treasurer, and either the President or the General Secretary. In the absence of the General Secretary or the Treasurer, the Executive committee shall appoint one of its members to sign in his place.


5. No expenditure exceeding RM5000.00 at any one time shall be incurred without the
prior sanction of the National council, and no expenditure exceeding RM10,000.00 in any one month shall be incurred without the prior sanction of a Delegates Conference.



6. As soon as possible after the end of each financial year (from 1st January to 31st
December) a statement of income and expenditure and a balance sheet for the year shall be prepared and audited by the Auditors appointed. The audited accounts shall be submitted for the approval of the next Annual Delegates Conference and copies shall be sent to the registered office of the Union and to each Branch Secretary for the perusal of members of the Union.

11. AUDIT

1. Two persons who shall not be office bearers of the Union shall be
appointed by the Annual Delegates Conference as Honorary Auditors. They shall hold office for two years only and may be reappointed.


2. The Auditor shall be required to audit the accounts of the Union and its Branches for
the year, and to prepare a report or certificate for the Annual General Meeting of each Branch. They may also be required by the President to audit accounts of the Union or any of its Branches for any period within their tenure of office at any date, and to make a report to the National Council.


3. In the event of a resignation or death, the National Council shall appoint a replacement
until the next Annual Delegates Conference.

12. TRUSTEES

1. Three trustees, who must be over 21 years of age, shall be appointed at the Annual
Delegates Conference and shall hold office during the tenure of the Union.

They shall have vested in them all immovable property whatsoever belonging to the Union
upon and execution of in a Deed of Trust.


2. The Trustees shall not sell, withdraw or transfer any of the property of the Union
without the written consent and authority of a Delegates Conference.


3. A Trustee may be removed from office by the National Council on the grounds that,
owing to ill health, unsoundness of mind, absence from the country or for any other reason, he is unable to perform his duties satisfactorily. In the event of a death, resignation or removal of a Trustee before the Annual Delegates Conference, the vacancy shall be filled by a new Trustee by a Delegates Conference.


4. Any Trustee removed from office under (3) shall have the right of appeal to a Delegates
Conference whose decision shall be final and shall not be challenged in Court.

13.DISSOLUTION

1. The Union may be voluntarily dissolved by a resolution of not less than two thirds of
the total membership at a Delegates Conference.


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


3. Notice of the dissolution shall be sent to the Registrar of Societies within 14 days from
the date of such decision.

14.ESTABLISHMENT AND DISSOLUTION OF BRANCHES

1. The National Council may by:

a) Majority vote at a meeting approve the formation of a Branch in any State where in
there are at least fifteen (15) members of the Union. All such approved Branches shall be
established within 3 (three) months. The Branch shall be named after the name of the State of Territory in which it is located.


b) Each Sate or Territory shall not have more than one Branch but two or more States or
Territories may jointly have a Branch, which will be named after the zone in which the
branches are located.


2. The National Council may either suspend or dissolve a Branch:


a) If for a consecutive period of six months the Branch fails to function because members
are less than 15.

OR

b) if the Branch refuses to abide by the to the rules of the Union or the decisions of the
Delegates Conference or the National Council, or if it is in the opinion of the National Council,
guilty of conduct detrimental to the Union.


3. A decision to suspend or dissolve a Branch shall be by a majority vote at a meeting of
the National Council, provided that before a decision is taken to dissolve a Branch on the
grounds stated in Paragraph 2 b) above, the Branch concerned shall be given 30 days’ notice and an opportunity to answer all allegations.


4. The order for suspension or dissolution shall be signed by the General Secretary. On
receipt of a dissolution order; the Branch shall cease to function except for the purpose of
windingup. Any Branch aggrieved by an order of dissolution may, by notice in writing to the
General Secretary within 30 days of its receipt, lodge an appeal to the Annual Delegates Conference.


Notwithstanding such appeal, the order of dissolution shall be operative until set aside, but in such circumstances the National Council may appoint from among its members a caretaker committee to deal with the affairs of the Branch pending the hearing of the appeal.


5. In the event of a Branch being closed for the reasons stated in Paragraph 2 a) of this
clause, the members shall revert to the status of members of the nearest Branch, and in the
event of a Branch being closed for reasons stated in paragraph 2 b) of this clause, the
members shall cease to be members.


6. It shall be the responsibility of the Chairman, the Secretary and the Treasurer of such Branch to deliver to the General Secretary all books, records, money and other property in the possession of the Branch together with a statement of accounts of the Branch from the date of the last submission of accounts to the date of the order of dissolution.


7. If the members of a Branch decide to secede from the Union, its office bearers shall
forthwith deliver to the General Secretary all books, records, money and other property of the Union and shall forthwith prepare and deliver to the General Secretary a statement of accounts as stated in the paragraph 6 above.

15. GENERAL MEETING OF BRANCH

1. Every member of a Branch of the Union shall have the right to attend, speak and vote
at any General Meeting of the Branch.


2. The Branch Annual General Meeting shall be held 2 months before the Annual
Delegates Conference. The notice of the Branch Annual General Meeting stating the date,
the time and the place of the meeting with copies of the agenda and statement of accounts
and calling for discussions, resolutions, motions for amendments of the constitution and
nominations of office bearers, shall be sent by the Branch Secretary to all Branch members
not less than 2 (two) weeks before the Annual General Meeting. All matters for discussion,
motions, for amendments and all nominations of office bearers must reach the registered
office at least 1 (one) week before the date of the Annual General Meeting.


3. The business of the Branch Annual General Meeting shall be:

a) To receive and adopt the Minutes of the previous meeting, Branch Annual

Report and the Audited accounts for the previous year.

b) To elect a Branch Chairman and members of the committee every alternate

year.

c) To elect delegates to the Delegates Conference for the coming year.

d) To deal with any other matters of which one week’s notice in writing has

been given.


4. A Branch Extraordinary General Meeting shall be convened:

a) On the instructions of the National Council; or

b) Whenever the Branch Committee deems it desirable; or

c) At the request in writing of not fewer than 15 members of the Branch stating

the objects and reasons for such meeting.


5. A Branch Extraordinary General Meeting requisitioned by members shall take place
not later than 30 days from the receipt of such requisition.


6. The quorum for a Branch Extraordinary Meeting shall be the same as that for a Branch General Meeting. If no quorum is present by half an hour after the appointed time for the meeting, no Extraordinary Meeting shall be requisitioned for the same purpose until a lapse of at least six months from the date thereof.

16. COMMITTEE OF BRANCH

1. A Branch Committee consisting of the following, who shall be termed office bearers of the Branch, shall be elected at the Branch Annual General Meeting for a term of 2 years.

A Chairman

A Vice Chairman

A Branch Secretary

A Branch Treasurer

Three Ordinary Committee Members


No Chairman shall serve more than 3 consecutive terms.


2. Names for the above officers shall be proposed and seconded, and election will be by a simple majority vote of the members at the Branch Annual General Meeting. All the office bearers will be eligible for reelection.


3. The duties of the Branch Committee shall be to promote activities and to manage
affairs of the Branch in accordance with the Clauses of the Union and the instructions of the National Council and the Delegates Conference. It shall meet at least six times a year, one third of its number shall form a quorum.


4. The newly elected Branch Committee for the ensuing term shall assume office
immediately upon being elected.

17. DUTIES OF BRANCH OFFICE

1. The Chairman shall during his term of office preside at all general and committee
meetings and shall be responsible for their proper conduct. He shall have a casting vote and shall sign the minutes of each meeting at the time they are approved.


2. He or the Secretary and the Treasurer shall sign all cheques of the Branch.


3. The Vice Chairman shall deputise for the Chairman during the latter’s absence.


4. The Secretary shall conduct the business of the Branch in accordance with the
Clauses of the Union and shall carry out the instructions of the General meeting and of the
Committee. He shall be responsible for conducting all correspondence and keeping all books, members’ register documents and papers except the accounts and financial records. He shall attend all meetings and record the proceedings.


5. The Treasurer shall be responsible for the finances of the Branch. He shall keep
accounts of all its financial transactions and shall be responsible for their correctness. He
shall, in conjunction with either the Chairman or the Secretary, sign all cheques on behalf of
the Branch.


6. The Ordinary Committee members shall assist, when necessary, the above officers in
their duties and attend all meetings.

18. BRANCH FINANCIAL

1. All funds accumulated at the Head office or the Branches of the Union shall be
common assets of the Union.


2. The Annual Delegates Conference shall decide from time to time the percentage of
subscription to be held by Branches and shall also decide what types of expenditure shall be
paid from branch funds.


3. Every Branch Treasurer shall forward to the Union Treasurer at the National Council
the subscriptions received by the Branch less the percentage to be retained as Branch funds.


4. The Branch Treasurer shall also forward to the Union Treasurer at the National Council
meeting the statement of income and expenditure of the Branch.


5. All Branch funds shall be deposited in the name of the Branch in a Bank to be approved
by the National Council and the account shall be operated jointly by the Branch Chairman, the Branch Secretary and the Branch Treasurer. The Branch Treasurer may hold a petty cash advance of not exceeding RM1000.00 at any one time. No expenditure exceeding RM5000.00 shall be incurred at any one time. The Branch Chairman, the Branch Secretary and the Branch Treasurer shall approve any expenditure below RM5000.00 at any one time. Expenditure exceeding RM10,000.00 shall be approved by the General Meeting.


6. All monies, books and other property held by the Branch, which is being dissolved,
shall be sent without delay by the Branch Secretary to the General Secretary together with a Statement of Accounts as stated in paragraph 4 and 6 in Clause 14.


7. Notwithstanding anything contained in Clause 17 and 18 all cheques and withdrawal
notices on the Branch Account may be signed by the Treasurer and either the Chairman or
the Secretary. In the absence of the Secretary or the Treasurer, the Branch committee shall
appoint one of its members to sign in his place

19. GENERAL PROVISIONS REGARDING BRANCH

1. Where no special provision has been made in the Clauses for any matter relating to
the management of the affairs of the Branches of the Union, the relevant Clause relating to the management of the Headquarter’s organisation (the Union) shall be followed is so far as it is applicable.


2. The Delegates Conference and the National Council may give instructions to the
General Meeting or Committee of any Branch regarding the management of its affairs.

20. AMENDMENTS OF CLAUSES

1. These Clauses may not be altered or amended except by resolution of a Delegates
Conference passed by a twothirds majority. Such alterations or amendments shall be sent to the Registrar of Societies within a period of 60 days from the date of such decision to alter or amend the Clauses of the General Meeting.

21. PROHIBITIONS

1. No University or University College student may become a member of the Union
without prior written approval of the Vice Chancellor.


2. Gambling of any kind and the playing of paikow or mahjong, whether for stakes or not,
is forbidden on the Union premises.


3. The introduction of material for gambling or drug taking and of bad characters into the
premises is prohibited.


4. The fund of the Union shall not be used to pay fines of members who have been
convicted in Court.


5. The Union shall not attempt to restrict or in any other manner interfere with trade
practices or engage in any trade union activity as defined in the Trade Union Ordinance 1959.


6. The Union shall not hold any lottery, whether confined to its members or not, in the
name of the Union or its office bearers or committee members without the prior approval of the appropriate authority concerned.

22. R.O.S