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Published by jspbro, 2022-05-11 04:29:10

Temple Constitution B4 Format

Temple Constitution B4 Format

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RULE 1 NAME AND REGISTERED OFFICE
a) The society shall be known as the "Sree Muneeswarar

Amman Koyil Paripalana Sabha, Jalan Hospital Ipoh,
Perak" hereinafter referred to as the 'Sabha'.
b) ) The registered office of the Sabha shall be at No. 18,
Jalan Hospital, 30450 Ipoh, Perak Darul Ridzuan. The
registered office shall not be changed without the prior
approval of the Registrar of Societies.

RULE 2 OBJECTS

a) To manage and maintain the "Sree Muneeswarar
Amman Koyil".

b) To provide facilities and amenities for the practice of
Hindu religion and for the spiritual, moral and
intellectual advancement of the Hindu community.

c) To promote, propagate and practice the tenets of the
Saivite faith through lectures, seminars and
symposiums and also to disseminate information on
Hinduism, culture and ethics.

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d) To publish and distribute materials relevant to the
objects of the Sabha with the prior consent of the
relevant authorities concerned.

e) To solemnize marriages in accordance with the rites
and ceremonies of Hinduism and to keep and maintain
a marriage register and such other books as may be
prescribed by the Law Reform (Marriage and Divorce)
Act 1976 and other written laws.

f) To establish a Youth and Women Section or any Sub-
committee to efficiently carry out the objects of the
Sabha.

g) To undertake any other work consistent with the
objects of the Sabha as may be decided from time to
time by the Management committee.

RULE 3 MEMBERSHIP
a)

i) Membership of the Sabha shall be open to all
Malaysian citizens professing the Hindu faith,

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above the age of eighteen (18) years and subject to
the following provisions as stipulated in Rule 3(c).
ii) An employee of the Sabha shall not be eligible to
be a member of the Sabha.
b) A member who is under the age of twenty-one (21)
shall not be eligible to hold office as a Management
committee member, auditor or as a trustee of the
Sabha.
c) Membership of the Sabha shall consist of the
following categories:
i) ORDINARY MEMBER: Shall be Malaysian
citizens professing the Hindu faith domiciled
within the District of Kinta.
ii) OUTSTATION MEMBER: Any person who
resides outside the District of Kinta may at the
discretion of the Management committee be
admitted as an Outstation member of the Sabha.
Such a member shall not he eligible to hold office
in the Sabha but shall be entitled to attend and vote
at an Annual or Extraordinary General Meeting.
Ordinary members who are transferred and reside
outside the District of Kinta shall automatically

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become Outstation members and shall cease to
hold any office forthwith in the Sabha.
iii) LIFE MEMBER: Any Ordinary or Outstation
member or any other person who qualifies to
become an Ordinary or Outstation member shall
be eligible to become a Life member on payment
of a lump sum of RM 151.00. This sum is not
refundable for any reason whatsoever. The Life
member shall enjoy the privileges accorded to the
Ordinary or Outstation members as the case
warrants. He/she shall be exempted from paying
the annual subscription.
iv) HONORARY MEMBER: Any eminent person
who has rendered meritorious service to the Hindu
community in Malaysia may be invited by the
Management committee to be an Honorary
member of the Sabha. The said member shall not
pay any dues and shall not be entitled for any
voting rights nor shall be eligible to hold any office
in the Sabha.
d) Application for membership shall be made using the
prescribed form supplied by the Management

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committee. All applications shall be proposed and
seconded by two existing members and forwarded to
the Honorary Secretary who shall at the earliest
opportunity submit to the Management committee for
consideration. The Management committee has the
sole discretion to accept or reject any application
without assigning any reason therefor.
e) Every applicant whose application has been approved
as stated in Rule 3(c) and upon receipt of the relevant
membership dues he/she shall be entitled to the
privileges of the membership.
f) No new members shall be admitted during the two
months preceding the date fixed for an Annual General
Meeting.

RULE 4 ENTRANCE FEES, ANNUAL
SUBSCRIPTION AND OTHER DUES

a) The Entrance fees, Annual subscription and Life
membership fees payable shall be as follows:
i) Entrance Fees RM 5.00

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ii) Annual Subscription RM 15.00
iii) Life_ Membership Fees RM 151.00
b) It is the responsibility of the member concerned to pay
all dues to the Honorary Treasurer before the end of
February of each year. Any member who fails to do so
shall cease • to enjoy the privileges of membership. If
any member allows his/her arrears to exceed two (2)
years subscriptions shall automatically cease to be a
member of the Sabha.
c) Special subscription or levies for a particular purpose
may be raised from members by resolution of a
General Meeting of the Sabha. If any member fails to
pay such dues within the stipulated period as resolved,
the amount due shall be treated as arrears of
subscriptions.

RULE 5 MEMBERS RIGHTS AND PRIVILEGES

a) A member shall be entitled to the following in
accordance with Rule3:

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i) To attend, participate and vote at an Annual or
Extraordinary General Meeting.

ii) To hold office and function effectively to which
he/she is duly elected/appointed.

iii) Shall have access to and enjoy such facilities and
amenities as may be provided by the Sabha.

RULE 6 RESIGNATION AND TERMINATION

a) Any member wishing to resign from the Sabha shall
give the Honorary Secretary written notice of one
month of his intention to do so and shall settle all
outstanding dues before the expiry date of the notice.

b) The Management committee has the right to suspend
or expel any member if it is satisfied that the member
has acted inconsistently with the Sabha's constitution.
However, provided always, that prior to such
suspension or expulsion the Management committee
shall appoint a board of inquiry consisting of any three
members which shall give the member concerned an
opportunity to explain and defend himself/ herself

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why such disciplinary action should not to be taken
against him/her. After which, the decision of the
Management committee is final and conclusive.

RULE 7 OBLIGATIONS OF A MEMBER
a) A member shall always adhere to the following:

i) Uphold the objects and provisions of the
constitution of the Sabha.

ii) Uphold the good name and image of the Sabha.
b) A member shall not indulge in the following:

i) Act in any way detrimental to the interest of or
contrary to the aims and objects of the Sabha.

ii) Act in an unruly and or disruptive manner at any
meeting, gathering or festival of the Sabha.

c) Any member in breach of this obligation shall be dealt
with in accordance with Rule 6(b).

RULE 8 ANNUAL AND EXTRAORDINARY
GENERAL MEETING

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a) The Annual General Meeting of the Sabha shall be
held before March 31st yearly.

b) The business of the Annual General Meeting shall
include the following:
i) To receive and adopt the Management committee's
report and audited statement of accounts of the
Sabha for the preceding financial year.
ii) To elect the President, Vice President, Honorary
Secretary, Assistant Honorary Secretary,
Honorary Treasurer, and ten (10) Ordinary
Committee members for a term of two (2)
consecutive years, (hereinafter referred to as the
'Management committee').
iii) To elect two (2) Internal Auditors for a term of two
(2) consecutive years.
iv) Any other business included in the Agenda issued
by the Management committee.
v) No other business shall be discussed at any
General Meeting unless due written notice thereof
has been given to the Honorary Secretary at least
seven (7) days before the date fixed for the
meeting, except any urgent matter which may

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discussed in such meetings provided it is certified
by the President, Vice President or the Honorary
Secretary as an urgent matter that should be dealt
with at that meeting.
c) Fourteen (14) clear days’ notice of all General
Meetings specifying the place, date and time of the
meeting shall be given to all members. A copy of the
audited statement of accounts of the Sabha shall be
sent to all members together with the notice for an
Annual General Meeting. A copy of such notice shall
also he posted on the notice board of the temple. Non
receipt by post of the notice by any member shall not
invalidate the General Meeting.
d) Thirty-five (35) eligible voting members shall form
the quorum at any General Meeting.
e) If within an hour from the time specified for the
Annual General Meeting the stipulated quorum is not
met the meeting shall be postponed to a later date as
decided by the Management committee. If, at such a
reconvened meeting a quorum is not met within half
an hour of the specified time, the members present
shall have the power to proceed with the business of

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the day, but shall not have the power to amend the
Sabha's Constitution or make any decision affecting
the whole membership.
f) An Extraordinary General Meeting may be convened
whenever the Management committee deems it
necessary or on the requisition of at least thirty (30)
eligible voting members having been members of the
Sabha for at least six (6) months and not in arrears of
subscriptions. At any Extraordinary General meeting
only the particular business for which the meeting was
convened will be discussed and no other matters. A
meeting requisitioned by members must be convened
within twenty-eight (28) days of the receipt of such
requisition.
i) The Honorary Secretary shall forward the notice

and Agenda for the meeting to all members of the
Sabha who are in benefit.
ii) Rule 8(e) regarding the postponement of an
Annual General Meeting shall apply also to an
Extraordinary General Meeting. Except that, if no
quorum is available after half an hour from the
stipulated time the meeting may be cancelled, and

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no Extraordinary General Meeting shall be
requisitioned for the same purpose until the lapse
of at least three (3) months from the date thereof.

RULE 9 ELIGIBILITY FOR NOMINATION,
ELECTION AND VOTING PROCEDURE
a) No member shall serve the post of President for more

that five (5) consecutive terms. However, such a
member may be elected President again after a lapse
of one (1) term.
b) No member shall be eligible to contest for the post of
President or Vice President unless the member:
i) Has been a member of the Sabha for at least two

(2) consecutive years and above forty-five (45)
years of age.
c) No member shall be eligible/entitled to contest for any
post in the Management committee unless he/she has
been a member of the Sabha for at least two (two)
consecutive years.

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d) Nominations for the election of the Management
committee at the m Annual General Meeting shall be
made from the floor during the meeting. Any member
in benefit, who is unable to attend an Annual General
Meeting, may give his/her consent in writing to accept
any nomination for any post in the election of the
Management committee.

e) The right of voting is vested only with the Ordinary,
Outstation and Life members who are in benefit and
shall be present at the meeting. All voting shall be in
person and not by proxy.

f) All voting shall either be by secret ballot or by show
of hands as may be decided by the members present at
the General meeting depending on the issues being
decided.

g) Every question brought by before a meeting shall be
decided by the majority of votes of those present and
voting. In the event of an equality of votes, the
Chairman shall have a casting vote in addition to the
vote, which he is entitled for as any member.

h) The Honorary Secretary shall prepare a list of
members who are eligible and entitled to attend and to

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vote at the Annual General Meeting which shall be
approved by the Management committee. Such a list
shall be final and conclusive. The list shall be
displayed at the temple notice board at least fourteen
(14) days prior to the date fixed for the Annual General
Meeting.

RULE 10 MANAGEMENT COMMITTEE
(FUNCTIONS AND POWERS)

a) The management of the affairs of the Sabha shall be
vested in the Management committee duly elected at
the Annual General Meeting once in every two (2)
years.

b) An office bearer or committee member shall be
disqualified from holding office on the following
grounds, if he/she:
i) has been convicted of an offence under the
Societies Act 1966 or any court of law.
ii) is a declared bankrupt.
iii) has been found or declared to be of unsound mind.

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iv) is residing outside the District of Kinta.
c) The functions of the Management committee shall be

to organize. supervise and administer the activities of
the Sabha within the general policy as stipulated in the
objects of the constitution.
d) To purchase or otherwise acquire for the Sabha any
property at such price and generally on such terms and
conditions, as the Management committee may think
fit, subject always to confirmation by a General
Meeting.
e) To purchase and pay for, out of the funds of the Sabha
all things that are necessary for the proper
maintenance of the Sabha.
f) The management committee shall have the following
powers:
i) It may suspend, dismiss any member of the staff of

the Sabha for neglect of duty, dishonesty,
incompetence, misbehaviour, refusal to carry out
the directives of the Management committee or for
any other reason which it deems good and
sufficient in the interest of the Sabha.

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ii) The Management committee may on its discretion
appoint priests and other staff members as required
from time to time for the Sabha. It shall also
determine their duties and responsibilities and fix
their salaries.

iii) To appoint various sub-committees to deal with
the affairs of the Sabha from time to time.

iv) To frame by-laws for the various sub-committees
formed under Rule 10f(iii) for the smooth and
effective functioning of the Sabha. A copy of these
by-laws shall be posted on the notice board of the
Sabha for a period of one (1) month for the
information of the members. Such by-laws shall be
in force and acted upon until countermanded by
way of a resolution at a General meeting.

g) In the event of court proceedings taken by the Sabha
or taken against the Sabha by any person the expenses
incurred shall be borne by the Sabha. The President,
Honorary Secretary, Honorary Treasurer or any
member appointed by the Management committee
shall represent the Sabha individually or collectively
in the proceedings.

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RULE 11 MANAGEMENT COMMITTEE
MEETING

a) The Management committee shall meet at least once
in three (3) months and one half of the total
Management Committee members present shall form
the quorum.

b) The Honorary Secretary under the direction of the
President or in his absence the Vice President shall
convene the Management committee meetings.
However, in the absence of both the President and
Vice President the Honorary Secretary shall convene
a Management committee meeting for a specific
purpose only.

c) Request for a Management committee meeting by
members of the Management committee shall be made
in writing to the Honorary Secretary detailing the
reasons/agenda by at least one half of the total
Management committee members and shall have to be
present at the meeting, failing which, the meeting shall
be cancelled.

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d) At least seven (7) days' notice of each Management
committee meeting shall be given by the Honorary
Secretary to all members of the Management
committee.

e) The President or in his absence the Vice President
together with the Honorary Secretary may be allowed
to decide on urgent matters where immediate
decisions have to be made. Such decisions made shall
be reported at the next Management committee
meeting and recorded accordingly.

f) Any member of the Management committee who fails
to attend three (3) consecutive meetings of the
Management committee without valid reasons shall be
deemed to have resigned from the Management
committee.

g) Any vacancy in the Management committee shall be
filled by the Management committee by appointing
any other member of the Sabha until the next elections
of the Management committee members is held.

h) The Management committee shall protect the funds of
the Sabha against extravagance and misappropriation.
It shall have the right to institute legal proceedings

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against any officer, employee or member of the Sabha
for misappropriation or withholding of any monies or
property belonging to the Sabha.
i) The Management committee shall seek the advice of
the Trustees of the Sabha from time to time with
regards to the investment of funds, purchase and
disposal of all movable and immovable properties of
the Sabha when the need arises. However, the decision
of the Management committee shall be final and
conclusive.
j) Between Annual General meetings, the Management
committee shall interpret the Rules of the Sabha and
when necessary determine any point on which the
Rules are silent. Except, where they are contrary to or
inconsistent with the policy previously laid down by
the General meeting, the decision of the Management
committee shall be binding on all members of the
Sabha unless and until countermanded by a resolution
of a General meeting.
k) All decisions of the Management committee shall be
determined by consensus or majority vote of members
present at the meeting.

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RULE 12 DUTIES AND RESPONSIBILITIES OF
OFFICE BEARERS

a) President:
i) The President shall during his/her term of office
preside at all meetings of the Sabha and shall be
responsible for the proper conduct of all such
meetings.
ii) Shall have a casting vote.
iii) Sign each approved minutes -of meetings.
iv) Superintends the general affairs of the Sabha in
ensuring the observance of these Rules by all
concerned.
v) Shall in conjunction with the Honorary Secretary
and Honorary Treasurer sign all cheques and
withdrawal forms on behalf of the Sabha.

b) Vice President:
i) Act for the President in his absence.
ii) Shall have the powers vested in the President
during the latter's absence.

c) Honorary Secretary:

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i) Shall conduct the business of the Sabha in
accordance with these Rules.

ii) Carry out the instructions of the General Meetings
and Management committee meetings.

iii) Responsible for the convening of all meetings,
correspondence and proper keeping of all books
and documents.

iv) Keep and maintain the following: - Membership
Register, Management Committee Meeting
Minutes Book, General Meeting Minutes Book,
Register of movable and immovable property,
Register of Marriages, Register of Donors,
Membership Application Files, and any other
books, files or documents deemed necessary from
time to time.

v) Shall in conjunction with the President and
Honorary Treasurer, sign all cheques and
withdrawal forms on behalf of the Sabha.

d) Honorary Assistant Secretary:
i) Shall assist the Honorary Secretary in carrying out
all the duties of the Sabha.
ii) Shall act for the Honorary Secretary in his absence.

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e) Honorary Treasurer:
i) Responsible for the collection of subscriptions,
donations and all other dues of the Sabha.
ii) Shall issue official receipts of the Sabha for all
monies received and shall not incur liabilities
without the prior sanction of the Management
committee.
iii) Obtain proper receipts and vouchers for all
payments made.
iv) Responsible for the proper operation of the bank
accounts and finances of the Sabha at all times.
v) Shall in conjunction with the President and
Honorary Secretary sign all cheques and
withdrawal forms on behalf of the Sabha.
vi) Is responsible to send all the relevant books and
documents to the Internal Auditors for auditing in
accordance with Rule 14(b). Shall also prepare
monthly Statement of Receipts and Payments
account for the Management committee, and
Annual Audited Statement of Accounts for
submission at the Annual General Meeting. (vii) Is
responsible for the proper maintenance of the

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accounts of the Sabha and to keep in safe custody
at all times the Receipt and Cash Books, Ledger,
Bank Pass Book, Fixed Deposit Vouchers and any
other books or documents deemed important and
necessary.
f) Ordinary Management Committee Members:
i) Attend Management committee meetings and
carry out the duties assigned to them from time to
time.

RULE 13 FINANCIAL PROVISION

a) The Honorary Treasurer may hold a petty cash of
Ringgit Malaysia Five hundred (RM500.00) at any
one time. All monies in excess of this sum shall
immediately be deposited in the bank. The bank
account shall be in the name of the Sabha.

b) The Honorary Treasurer shall issue printed receipts for
all monies received on behalf of the Sabha and all
disbursements of funds shall be supported either by
receipts, vouchers or bills.

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c) All donations from well wishers or devotees shall only
be utilized for the purpose for which it was donated.
The donations may be utilized otherwise, with the
prior consent of the donor concerned and if this is not
possible, the decision shall be made by the
Management committee.

d) All books and documents of the Sabha shall be kept in
the office of the Sabha. They shall be open for
inspection by members provided three (3) days' prior
notice in writing is given of such intention.

e) The Financial Year of the Sabha shall be from 1st
January to 31st December of each year.

f) No expenditure exceeding Ringgit Malaysia Seven
hundred (RM700.00) at any one time shall' be incurred
without the prior sanction of the Management
committee, and no expenditure exceeding Ringgit
Malaysia Five Thousand (RM5,000.00) at any one
time shall be incurred without the prior sanction of a
General Meeting. Any expenditure of less than Ringgit
Malaysia Seven hundred (RM700.00) at any one time
shall be sanctioned jointly by the President together
with the Honorary Secretary and the Honorary

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Treasurer. However, this clause shall not bind the
monthly re-current expenditure such as staff salaries,
electricity, water and other charges and also the
expenditure for the Annual Adipooram festival.
g) For the purpose of collecting money from the
Donation Box (undial) the Honorary Treasurer
together with any two (2) members of the
Management committee who shall be appointed by the
Management committee shall be responsible for the
periodic collection and recording the amount in the
Donation Box Register.

RULE 14 AUDITORS AND AUDIT OF ACCOUNTS

a) Two (2) Ordinary members who shall not be members
of the Management committee shall be elected at an
Annual General Meeting for a term of two (2)
consecutive years as Honorary Internal Auditors.

b) The auditors shall normally audit the accounts of the
Sabha every three (3) months or as and when requested
by the Management committee. They shall submit a

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report to the Management committee and also post a
copy on the temple notice board for a period of one (1)
week for member’s information after each audit.
c) The auditors shall be required to audit the accounts of
the Sabha for the financial year and to prepare a report
or certificate for the Annual General Meeting.
d) The Management committee shall have the power to
appoint a qualified accountant to audit the accounts of
the Sabha as and when it deems necessary.

RULE 15 TRUSTEES APPOINTMENT AND
RESPONSIBILITIES

a) Three (3) trustees who must he forty-five (45) years of
age and above and who must not be a member of the
Management committee of the Sabha shall be elected
at the General Meeting and shall hold office during the
pleasure of the Sabha. They shall have vested in them
all the real and personal estate whatsoever belonging

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to the Sabha and shall deal with it in such manner as
the Management committee may direct.
b) They shall have vested in them all immovable
properties whatsoever belonging to the Sabha upon
execution of a deed of trust.
c) The Sabha shall have the power to purchase or to take
upon lease for its purposes, in the name of the trustees
any property, subject to any written law or other law
applicable, to sell, exchange, charge or lease any such
property which may be purchased. All such dealings
shall be dealt with as directed by the Management
committee.
d) The trustees shall not sell, withdraw or transfer any of
the property of the Sabha without the consent and
authority of the Management committee conveyed
jointly in writing by the President, Honorary Secretary
and Honorary Treasurer.
e) The Management committee may remove a trustee
from office on the grounds that, owing to ill health,
unsound mind, declared bankrupt or for any other
reason he/she is unable to perform satisfactorily. In the
event of removal, resignation or death of a trustee

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before a General Meeting, the Management committee
shall appoint another person to fill the vacancy.
f) All documents pertaining to the immovable property
of the Sabha shall be signed jointly by all the three (3)
trustees and shall bear the common seal of the Sabha.

RULE 16 DISPUTES
Any disputes between a member of the Sabha and the
Sabha or an office bearer thereof, shall be referred to the
Management committee and the decision so given by the
Management committee, shall be binding and conclusive
on all parties concerned.

RULE 17 AMENDMENTS TO RULES
No alterations or additions to these Rules shall be made
except at a General Meeting at which two-thirds of the
members who are in benefit are present and are in favour
of such amendments. They shall not come into force
without the prior sanction of the Registrar of Societies.

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RULE 18 SEAL OF THE SABHA

The Sabha shall have a Seal suitably inscribed in
accordance with the decision of the Management
committee. It shall be kept with the Honorary Secretary
and shall be affixed to such documents as decided by the
Management committee in the presence of the President.

RULE 19 PROHIBITION

a) The premises of the Sabha shall not be used for the
purpose of gambling or playing games of mere chance
or luck, consumption of alcohol, smoking of
cigarettes/cigars and any form of intoxicating
substance.

b) The Sabha shall not organize or conduct nor allow its
premises to be used for lotteries without the prior
written approval of the Registrar of Societies.

c) The Sabha shall not engage in politics and also shall
not allow its premises to be used for political purposes.

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d) No university or university college student shall be
allowed to be a member of the Sabha without the prior
written approval from the Vice Chancellor of the
university or university college concerned.

RULE 20 DISSOLUTION

a) The Sabha may be voluntarily dissolved at an
Extraordinary General Meeting called for the sole
purpose of dissolution with the consent of three
quarter of the total members of the Sabha who are in
benefit and eligible to vote are present.

b) In the event of the Sabha being dissolved as provided
above, all reasonable debts and liabilities legally
incurred on its behalf shall be met from whatever
available funds of the Sabha. Any balance of funds, if
available shall be disposed of in such manner, as may
he decided upon in the Extraordinary General
Meeting.

c) Notice of the dissolution signed by all the three (3)
Principal officers of the Sabha will be given to the

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Registrar of Societies within fourteen (14) days of
such dissolution.

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