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Contents |
| Article 1 |
Destination and Registered Place of Business |
| Article 2 |
Objects |
| Article 3 |
Membership and Organization |
| Article 4 |
Affiliation Fee |
| Article 5 |
Representation |
| Article 6 |
Management |
| Article 7 |
Election of the General Council |
| Article 8 |
Power of the General Council |
| Article 9 |
Vacancies |
| Article 10 |
Meeting and Working of General Council |
| Article 11 |
Duties of Officers |
| Article 12 |
Honorary Auditors |
| Article 13 |
General and Extraordinary General Meeting |
| Article 14 |
Proxies for Annual/Extraordinary General Meeting |
| Article 15 |
Amendments to Constitution |
| Article 16 |
Suspension or Expulsion |
| Article 17 |
Annual Returns |
| Article 18 |
Emblem |
| Article 19 |
Property |
| Article 20 |
The Trustees |
| Article 21 |
Dissolution |
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| Article 1 - Destination and Registered Place of Business
The name of this organization shall be "MALAYSIAN TENPIN BOWLING CONGRESS ('74)" hereinafter referred to as "Congress" and its registered place of business shall be:-
c/o Pyramid Megalanes
Lot F2.22, Level 1, Sunway Pyramid Shopping Centre,
No. 3, Jalan PJS 11/15, Bandar Sunway,
46150 Petaling Jaya,
Selangor Darul Ehsan.
Or such place as may be decided by the General Council from time to time, subject to the approval of the Registrar of Societies. |
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Article 2 - Objects
- To promote, organize and regulate in the sport of Tenpin Bowling and to sponsor Tenpin Bowling in Malaysia.
- To select and appoint Tenpin bowlers to represent Malaysia in any national or international Tenpin Bowling competitions.
- To arrange matches with controlling bodies for the sport in other countries and with visiting teams.
- To settle any dispute that may arise among members of the Congress and to give ruling on all disputes in connection with the sport and the rules and regulations thereof.
To promote and safeguard the interest of the sport.
- To promote and safeguard the interest of the sport.
- To affiliate with any international controlling bodies for Tenpin Bowling subject to the prior approval of the above mentioned objects.
- To foster the spirit of good fellowship.
- To enforce uniform rules and regulations relating to the sport of Tenpin Bowling.
- Generally to do such acts as may be incidental to or connected with or conducive to the attainment of any of the above mentioned objects.
- To issue certificates to owners and lessees of establishments, to sanction leagues and tournaments and collect stated fees as provided by the rules and regulations of the Congress.
- To purchase, hold or otherwise acquire any real or personal property or any interest in the same respectively which shall be for the benefit of the Congress or calculated to promote or assist in the promotion of any of the objects of the Congress.
- To acquire, hold, lay out, improve, use or turn to account in any way Bowling Centers of or other Buildings, with such pavilions, erections and easements, and with the necessary fittings and accessories as the Council shall deem advisable.
- To improve, develop, manage, lease, let any real or personal property of the Congress and to turn the same to profit and advantage in any way that the Council may deem advisable subject to the prior approval of the Trustees.
- To lend or invest any monies of the Congress or held by the Congress in such legal manner as shall be approved by the Council provided that such monies are not held by the trustees, in which case prior approval of the Trustees should be available.
- To borrow monies o such security as the Council may determine and for that purpose to charge all or any of the Congress, subject to the prior approval of the General Meeting.
- To enter into the joint venture with any legally constituted Company for the benefit of the Congress as may be decided by the Council from time to time, provided no nominees held by the trustees are offered in such a proposition. In the case of the latter, the Trustees prior approval should be available.
- All monies and profits earned by the Congress in participating from the above business must be used for the furtherance of the objects of the Congress. No part of it can be paid as profits, dividends or bonus to any member of the Congress other than the payment of salaries, or expenses or both to any member or employee of the Congress.
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| Article 3 - Membership and Organization
Section 1: There shall be two categories of membership, namely ORDINARY & HONORARY.
ORDINARY
Ordinary membership (hereinafter referred to as affiliates) shall be open to all bona fide Association in Malaysia who are properly constituted bodies and duly registered with the office of the Commissioner of Sports under the Sports Development Act of 1997.
The Council shall terminate the membership of any member State Association for any contravening of the rules of the Congress but the State Association shall have the right to appeal to the Commissioner of Sports.
HONORARY
Honorary membership shall be conferred upon any Association/Club or individual as may be decided by the General Council and for such period as they think fit. Honorary members shall have no voice in the affairs of management of the Congress. The General Council shall levy whatever fee on honorary members as they think fit.
Section 2: The M.T.B.C. ('74) shall recognize or cause to be recognized one central body in any given area to be known as a local bowling Association. The Association shall be named after a State of Malaysia or a Federal Territory.
All application for Membership shall be filed with the President of the M.T.B.C. ('74) with a copy to the Secretary General together with the following:
- Name of Association, address, email and contact numbers
- List of Office Bearers together with I.C. numbers, addresses emails and contact numbers
- Minutes of inauguration meeting and financial statement of accounts
- Constitution
- Written confirmation of its registration with the Commissioner of Sports and that it is in good standing.
All State Associations formed shall proceed to complete organization only after notices have been displayed in all Bowling centers of the relevant State for at least a period of 2 weeks prior to the formation of the organization, and inviting all bowlers in the said State to participate in the organization, and clearly stating the time, place and the object of such meeting for organization.
Section 3: Rights of Members
- To take par tin Malaysian Tenpin Bowling Congress's Annual General Meetings and Extraordinary General Meetings
- To take part in all activities
- To appeal to the President or General Council in case of controversies. Further appeal may be made to the General Council but within thirty (30) days of the decision of the General Council. Such appeal should be accompanied with a nonrefundable fee of RM1,000 (to offset costs the convening of the General Assembly). The General Assembly shall be convened within 60 days of such appeal. The decision of the General Assembly shall be final and binding. No further appeal to court of law or to any other institution except CAS is permitted
- To receive current information about important proceedings in Malaysian Tenpin Bowling Congress
- To display the membership insignia of Malaysian Tenpin Bowling Congress in its Rules and correspondences
Section 4: The Obligations of Members
- To adhere to Malaysian Tenpin Bowling Congress's general playing Rules, Regulations and specifications
- To adhere to Malaysian Tenpin Bowling Congress's Rules
- To formulate their own Rules in such a way that they are not in contradiction with Malaysian Tenpin Bowling Congress's Rules
- To submit promptly all annual fees and other fees which have been stipulated by Malaysian Tenpin Bowling Congress
- Affiliation fees must be fully paid up to Malaysian Tenpin Bowling to vote to participate in tournaments or have their own tournaments sanctioned by Malaysian Tenpin Bowling Congress
- To supply promptly or within the prescribed time-frame, such information as may be required by Malaysian Tenpin Bowling Congress
- To inform promptly to the Malaysian Tenpin Bowling Congress's secretariat, any changes of officials or address
- To pay promptly or within the prescribed time-frame all fees due to Sister Affiliates of Malaysian Tenpin Bowling Congress
- To hold its Annual General Meeting as prescribed in its constitution and to forward its approved statement of accounts to the M.T.B.C. ('74) within 2 weeks of its AGM
When a member is in violation of any of the above "Obligation of Members" or is in arrears in its financial or other dues, such member's rights as prescribed in this Constitution shall be suspended until rectification is made. |
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| Article 4 - Affiliation Fee
Each affiliate member shall pay an annual affiliation fee of RM 100.00. Such Affiliation Fee shall be payable within one month after the closing of its financial year. |
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| Article 5 - Representation
The State Association is entitled to send two delegates and one nominated Councillor to the Annual General Meeting or Extraordinary General Meeting of the Congress. |
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| Article 6 - Management
The Management of the Affairs of the Congress shall be vested upon the General Council consisting of the following:
- Office Bearers
- President
- Deputy President
- 4 Vice Presidents - one for each zone i.e. North (Penang, Kedah, Perlis & Perak), East Coast (Pahang, Terengganu & Kelantan), South Central (KL, Selangor, Negeri Sembilan, Melaka & Johor) and East Malaysia (Sarawak, Sabah and Labuan)
- Secretary General
- Assistant Honorary Secretary
- Honorary Treasurer
- Assistant Honorary Treasurer
- Chief Statistician
- Committee Members
- One nominated Councillor from each State Affiliate
- 6 elected Committee Members. Not more than 2 of whom, may come from any one State
- 8 Co-opted Council Members - co-opted by the General Council. Not more than 2 of whom, may come from any one State
The Secretary General shall be appointed by the President with the approval of the Council. He shall have voting rights at AGMs, EGMs and at General Council Meetings.
The Assistant Honorary Secretary, Assistant Honorary Treasurer and the Chief Statistician shall be appointed by the President with the approval of the General Council.
All members of the General Council as defined in Article 6 shall have voting rights at AGMs or EGMs except the co-opted Councillors.
- Management Committee
The General Council may appoint a Management Committee to run the day to day administration of the Congress.
- Others as determined by the AGM or EGM.
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Article 7 - Election of the General Council
- The General Council shll be elected at every other AGM from amongst:
- Two delegates of each State Affiliates
- Incumbent Office Bearers as defined in Article 6(1)
- Incumbent elected Committee Members as defined in Article 6(2)b
- One nominated councilor from each State
- Each State shall have only 2 delegates and one nominated Councillor at anyone time.
- All nominations for the position of President, Deputy President and Honorary Treasurer duly proposed and seconded shall be submitted to the Secretary in writing not less fourteen (14) days before the election date, except that the said 3 incumbent office bearers (namely President, Deputy President and Honorary Treasurer) need not have prior nominations. Such nomination shall be from State Affiliate and not from individual.
- Nominations will be accepted fro the floor for ALL OTHER positions.
- The Vice President shall not be from the same State as the President or Deputy President.
- Seven (7) days before the election, the Secretary shall circulate to all State Affiliates and incumbents members, all valid nominations received in due time.
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Article 8 - Power of the General Council
- The General Council shall have the power to co-opt bona fide members of the Affiliates into the Council provided always that in no event may the number so co-opted exceed eight (8) persons.
- All co-opted and appointed members of the Council shall have voting rights at the General Council Meetings.
- The General Council shall have the power to appoint such sub-committees such duties and powers as the General Council considers fit and proper. The decisions of the sub-committees shall be subject to the approval of the General Council. The Chairman of the sub-committee shall normally be a member of the General Council. The President shall be an EX-OFFICIO member of all sub-committees.
- The General Council has power to approve or reject application for membership.
- The appointment of the Administrative Secretary shall be decided by the General Council.
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| Article 9 - Vacancies
Should any vacancy occur amongst the Council Members (Council Members as defined in Article 6(1) through (3), the General Council shall have the power to fill vacancy until the next Annual General Meeting. The vacancy so filled shall be by any member in good standing from a State Affiliate. |
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Article 10 - Meeting and Working of General Council
- The General Council shall meet whenever they may decide to do so, or considered necessary by the President or upon a requisition in writing signed by at least 30% of its members stating the business to be transacted, provided at least fourteen (14) days notice is given to the Secretary in writing.
- The President may, at his discretion, submit by mail or phone to members of the General Council, any questions requiring a vote of the members, and on such submission, each member shall cast his/her vote. A vote so taken shall have the same effect in deciding the action of the General Council as if taken at a meeting where members were present in person. The Secretary shall record such votes in the minutes of the General Council and note thereon how such vote was taken.
- Notices of all General Council meetings with the Agenda attached thereon, shall normally be circulated to each General Council at least seven (7) days prior to the date of the meeting.
- The quorum for the General Council meeting shall be at least 30% of its members eligible to vote. In the event if the President is absent, the members shall elect one among them to preside the meeting. The place of meeting shall be stated in Article 1. In the event that the place of meeting should differ from the address stated under Article 1, the Sports Commission should be so informed and his approval sought.
- Every member of the General Council, who is eligible to vote, shall be entitled to one vote. In the event of a tie in voting, the Chairman of the meeting shall have an additional or casting vote. There shall be no proxy voting.
- Any member of the General Council absenting himself/herself from three (3) consecutive meetings without satisfactory explanation to the Council, shall cease to be a member thereof.
- The General Council shall have, at all times, at least two-third (2/3) of its members who shall be Citizens of Malaysia.
- Under no circumstances shall a minor, who is under 21 years of age, be a member of the General Council.
- Voting at General Council Meeting shall be by show of hands unless otherwise agreed by the majority.
- The members of the General Council shall hold office for the period of two years from date of last election conducted at an AGM.
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Article 11 - Duties of Officers
- President
He shall be the Chief Executive Officer, enforce all the Rules of this constitution and playing rules and perform such duties as pertaining to this office. He shall preside at all meetings unless he appoints a Chairman of the day or for a part or whole of a meeting. He shall appoint any sub-committees that the General Council may authorize him to appoint and / or any others he deems necessary.
The President and Secretary General shall be the ex-officio members of all sub-committees with voice but no vote, if they are not already members of such committees.
- Deputy President
In the absence of the President, he shall perform the duties of the President.
- Vice President
In the absence of the Deputy President, the most senior Vice President (senior by years in service as Vice President) shall perform the duties of the Deputy President.
In the absence of the President and Deputy President, he shall perform the duties of the President.
- Secretary General
He shall issue proper notices of all General Council, Annual General, Extraordinary meetings. He shall keep a membership register and all records except financial, and shall be responsible for their correctness. He shall also be authorizes to counter-sign all negotiable instruments of the Congress, to conduct all correspondence and sign such correspondence on behalf of the Congress. He shall also perform such duties as may be decided by the General Council.
He shall also within twenty-eight (28) days of the Annual General Meeting, send to Sports Commission the Annual Returns of the Congress (Form PP1) duly completed and returned.
- Assistant Honorary Secretary
He shall assist the Secretary General and in his absence perform the duties of the Secretary General.
- Honorary Treasurer
He shall receive all sums of money to or payable to the Congress, disburse all sums due from or payable to the Congress. He shall keep or cause to be kept, a proper account of the matters in respect of which such receipts and expenditures take place, and of the assets and liabilities of the Congress in the books to be provided for that purpose, and shall be responsible for their correctness. The receipts of the Honorary Treasurer shall be a good discharge for all monies payable to the Congress. He is authorized to expand and maintain a petty cash float of RM500.00 for petty expenses, to be reimbursed as and when required.
All monies received must be deposited in a bank / banks to be named by the General Council. Cheques for withdrawal of the Congress funds shall be signed by the President, Secretary General and the Honorary Treasurer. He shall present to the Annual General Meeting, duly audited Financial Statement for the preceding year, ending 31st December.
- Assistant Honorary Treasurer
He shall assist the Honorary Treasurer and in his absence, perform the duties of the Honorary Treasurer.
- Committee Members
They shall assist the main office bearers to carry out the functions and interactions of the General Council.
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| Article 12 - Honorary Auditors
Two persons who are not members of the General Council and not from the same State as the Treasurer, shall be elected as Honorary Auditors at each Annual General Meeting and shall hold office for one year only and shall not be re-elected. The auditors shall be required to audit the year's account and present a report to the Annual General Meeting. They may be required by the General Council to audit the Congress's accounts for any period within their tenure of Office at any date and make a report to the General Council.
Alternatively, the General Meeting may appoint a firm of certified accountants in place of the Honorary Auditors. |
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Article 13 - General and Extraordinary General Meeting
- Annual General Meeting
The Annual General Meeting of the Congress shall be held not later than the month of October each year for the purpose of:
- Confirm minutes of the last Annual General Meeting.
- Receiving the Annual Report and Financial Statement of the preceding financial year, which shall be distributed to the affiliates at least fourteen (14) days before the meeting.
- Electing the General Council at every other AGM.
- Electing Honorary Auditors for the year.
- Transacting other business of which due notice has been given. The quorum for an Annual General Meeting shall be a minimum of 50% of the total numbers of delegates including proxies, and incumbent officials eligible to attend the meeting, after which, the delegates present shall proceed with the business of the meeting, but shall have no power to amend the constitution.
At least thirty (30) days notice of each Annual General Meeting shall be given by publication in at least one Malaysian newspaper, and by notice display on the notice board of each affiliate.
Notice of any special business in the Annual General Meeting must be given to the Secretary General at least fourteen (14) days before the meeting who will then notify the Affiliates at least seven (7) days before the meeting of such business.
- Extraordinary General Meeting
An extraordinary general meeting shall be convened:-
- Whenever the General Council shall deem it desirable.
- On petition to the Secretary General by at least one-third (1/3) of the delegates (2 per State Affiliate) except that if at the time called for the meeting, there being no quorum, the meeting shall be called off. Any extraordinary general meeting called off cannot be convened for the same purpose until a period of six month has lapsed.
- On requisition to the Secretary General by any one of the affiliated State Association as a result of such a decision namely the petitioning of an EGM of M.T.B.C. ('74) taken at an EGM of the said Association. The EGM having been called strictly in accordance with the rules governing the convening of an EGM of the said Association.
The quorum for all EGMs of the Congress shall not be less than 50% of the delegates of the Congress including proxies.
The President of the Congress shall determine the date. Time and place of the EGM but not exceeding two weeks from the time of requisitioning and at least seven (7) days notice of the meeting shall be given to all delegates, and General Councillors by the Secretary General of the Congress.
Should there be no quorum (as detailed above), those present shall proceed with the business of the meeting, but shall deem it necessary, but at least seven (7) days notice of the meeting shall be given to all the delegates and General Councillors. |
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Article 14 - Proxies for Annual / Extraordinary General Meeting
- Any delegates / General Councillors may appoint a Proxy in writing, provided always that such notice was given to the Secretary General at least forty-eight (48) hours before the Meeting.
- The instrument appointing a proxy may be in the following form or any other form which the General Council may approve:-
I....................a delegate to the Congress hereby appoint....................
of....................Association as my proxy to vote for me on my behalf at
the Annual / Extraordinary General Meeting of the Congress to be held
on the....................and at any adjournment thereof.
Signed....................
Date......................
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Article 15 - Amendments to Constitutions
- Any provision of this Constitution, Rules or Regulations or Specification may be amended or replaced by two-third (2/3) affirmative vote of those present and eligible to vote when the duly elected delegates are in session at the AGM or EGM. All amendments so acted upon must have been circulated at least fourteen (14) days prior to such meeting. When it is impractical or impossible to hold an annual convention of the delegates, because of travel restrictions or national emergency, the General Council shall have the authority as defined herein to act on legislative matters.
- Any and all amendments to the Constitution, Rules, Regulations and Specifications by a member association or an affiliate shall be submitted in writing by the proposer thereof to M.T.B.C. ('74) Secretary General's office not later than twenty-one (21) days prior to the date of each annual meeting of the Congress, and unless so submitted the same shall not be acted upon or discussed in any such meeting unless ordered by two-thirds affirmative vote of all delegates present.
- It is understood that when no specific date of enforcement is announced in the proposed amendments and changes in the amendments to the Constitution, Rules, Regulations or Specifications, that such change shall become effective upon sanctioning by the Sports Commission.
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Article 16 - Suspension or Expulsion
- Disciplinary Committee
The Disciplinary Committee shall consist of a chairman and four other councilors elected by the General Council for a two year term. Such election to take place normally at the Council's first meeting immediately after its own biennial election.
Any vacancy in the Disciplinary Committee shall be filled by the General Council for the remainder of the term.
The Disciplinary Committee and the General Council shall have jurisdiction and punitive powers, including suspension and expulsion over all its Member State Associations as well as over all categories of individual members of State Association affiliated to the M.T.B.C. ('74).
A meeting of the Disciplinary Committee shall be called within two weeks of the receipt or a written complaint by:
- A General Councillor of the Congress
- A State Association affiliated to the Congress
- A Chef de Mission or Team Manager of the Congress in respect of one or more members in his/their charge in which is specified, the nature of the offence, names of witnesses and any other relevant information
The Disciplinary Committee may also convene on receipt of any report from any other source which is feels requires action or on its own initiative.
In all cases, the defendant shall be notified by A.R. Registered letter to his last known address. The same may also be handed to him/her personally by an office bearer of the Congress. Such notice must be given at least two (2) weeks in advance of the meeting.
The defendant shall be informed of specific charges against him, and his right to produce witnesses to testify on his behalf. He shall not be represented by an advocate or a solicitor.
Sample letter to the defendant to appear before the Disciplinary Committee:
Date...............
Registers / Certified Mail
Return Receipt Requested
...............
...............
...............
Dear Sir,
You are hereby summoned to appear before the Disciplinary Committee of the M.T.B.C. ('74) to answer charges that...............(list specific charges).
The meeting is to be held on...............at...............
You may bring witnesses to testify on your behalf.
Should you not avail yourself of your rights of defence, your case will be tried on the basis of testimony and information pertinent to the charges outlined herein, which is at the disposal of the Disciplinary Committee of the M.T.B.C. ('74).
No correspondence will be entertained, except a request for an adjourned hearing, which must be on very exceptional grounds. Such a request is to be posted by A.R. Registered mail (or handed in personally to any member of the Disciplinary Committee or a General Councillor) and within at least one week of the receipt of the summons.
The Chairman of the Disciplinary Committee reserves the right to accept or reject any such request, especially if it is time barred or found to be frivolous or, dispensable.
Yours sincerely,
.................................
Chairman of the Disciplinary Committee
If as a result of the enquiry the Disciplinary Committee shall be one of the opinion that the conduct of any affiliate and / or any registered individual member of any affiliate, irrespective of the category of registration (hereinafter referred to as a member of Affiliate):
- Is prejudicial to the reputation or interests of the Congress
- Constitutes indiscipline, insubordination, or misconduct
- Constitutes embezzlement of funds entrusted in his care on behalf of the Congress
and if the Disciplinary Committee votes (if not already a member of the Disciplinary Committee) shall be notified of the decisions of the Disciplinary Committee within forty-eight (48) hours.
No member of the Press or the Public shall be allowed to attend any meetings of the Disciplinary Committee and no statements as to the decisions of the Disciplinary Committee may be released to the Press.
- Appeal Procedure
All decisions of the Disciplinary Committee are conclusive (and override any other decisions made by any Affiliate State Association on its members on the same issue) subject only to appeal to the General Council whose decision shall be final and no appeal shall lie from their determination to any other meeting or to any Court of Law. Such appeal to the General Council shall be made in writing and within two (2) weeks of the decision of the Disciplinary Committee. Any appeal made after the expiration of the said two weeks shall be time barred. Pending appeal, all rights and privileges of the appellant shall remain suspended.
The General Council when it sits to hear an appeal from the Disciplinary Committee shall confine itself solely to the decisions taken by the Disciplinary Committee.
- Again the defendant shall not be represented by an advocate or solicitor
- Any further appeal may be made to the Sports Commissioner whose decision shall be final.
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| Article 17 - Annual Returns
Each member State Association shall forward to the Secretary General each year a return in accordance with Appendix A attached. |
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| Article 18 - Emblem
The emblem of the Congress of a circle in green with the words "Malaysian Tenpin Bowling Congress ('74) in white written in it on it's left and the word "Bowling" written I large gold letters on its right half. This circle shall encompass a bowling ball in gold with a while bowling pin in its foreground in the process of falling and at the two o'clock position. The colors of the Congress shall be gold, green, white, red and black. |
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| Article 19 - Property
The Congress shall be empowered to own movable and immovable property.
The movable property shall be vested in the Council. However, the Council may from time to time place such movable properties as it deems fit in the charge of Trustees.
The immovable property of the Congress shall be vested in the Trustees of the Congress elected under Article 20 but no immovable property shall be mortgaged, assigned or otherwise disposed off except by resolution passed at an EGM convened for this purpose. |
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| Article 20 - The Trustees
The Congress may in a General Meeting appoint three persons to be Trustees of the Congress. They shall hold office until death, resignation, bankruptcy, of unsound mind or declared unfit otherwise by a medical board (appointed by the General Council) to hold such office, away from the country for more than a year, or final departure from Malaysia.
Notwithstanding the above, a trustee may be replaced at an Extraordinary general Meeting or at an Annual General Meeting if found guilty or fraud or of criminal misappropriation of funds held in trusteeship or otherwise.
Funds of such amounts as may be determined by the General Meeting left in trusteeship may be executed by the Trustees at their discretion but the amount allotted to them for such execution would be decided by the Council from time to time.
The trustees must have no personal interest in the investments they undertake on behalf of the Congress, unless prior approval has been obtained from the Council.
Should the Trustees cannot come to an agreement in their decision, they shall refer the matter to the General Council. |
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| Article 21 - Dissolution
The Congress shall not be dissolved unless 75% of the delegates of affiliates eligible to vote agree to dissolve the Congress. In the event of dissolution the funds less any debts, liabilities legally incurred, shall be donated to charitable institutions as decided by the General Council.
Notice of dissolution shall be given within seven (7) days of the dissolution to the Sports Commission.
Updated 16th January, 2006 as approved by the Sports Commission Ref. No. 5034 dated 11th January, 2006. |
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