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Rule 1:
Name |
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1.1 |
The Federation shall be known as Persekutuan Majikan-Majikan Malaysia or the Malaysian Employers Federation or by its acronym “MEF”. |
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1.2 |
MEF Emblem
The emblem of the Federation shall consist of the letters MEF in white on a blue background as illustrated below:
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Rule 2:
Vision |
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2.1 |
To be the premier employers’
representative at national,
regional and international
levels and to be the leader in
the development of human
resources and the promotion of
good employment practices and
harmonious industrial relations
with a view to achieving
national objectives.
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Rule 3:
Mission |
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3.1 |
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To promote the development
of excellence in human
resource management to
enable employers meet
current and future business
challenges.
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To promote productivity
through inter alia
harmonious employer/employee
relationship.
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To promote and represent the
interests of employers at
national, regional and
international fora.
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To promote and represent
the business interests
of employers at
national, regional and
international fora.
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Rule 4:
Objects
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4.1 |
The
Federation achieves its vision and
mission through the following core activities and objects:-
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representation of members at conciliation and mediation proceedings and at proceedings before the Labour and Industrial Courts.
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provision of
advisory/consultancy
services, at all levels.
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provision of
professional training
and related activities
through the
establishment of an MEF
Academy.
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research and development of
best practices in all
relevant fields.
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advocacy and representation
of employers’ interests and
business needs at
national, regional and
international fora.
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4.2 |
The
objects of the Federation shall be
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(a)
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to secure the complete organisation in the
Federation of all Employers.
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(b)
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to promote, protect and
defend the interests of
Employers.
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(c)
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to promote harmonious
relations between Employers
and employees.
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(d)
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to encourage the payment of
equitable rates of
remuneration and the
observance by Employers of
fair conditions of
employment.
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(e)
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to promote the development
and implementation of sound
legal framework for the
prevention and settlement of
employer-employee and/or
individual dispute through
inter alia :-
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(i) |
proactive direct
involvement in
developing legal
framework to meet
the present and
future human
resource needs of
the nation; and
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(ii) |
collecting,
collating and
researching data on
employer/ member
experiences on the
implementation of
existing labour laws
and practices and
legislative
development and
keeping members
informed thereof.
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(f) |
to advise Members on
labour matters and to
assist them in the
settlement of labour
disputes and on matters
connected with
collective bargaining
and to represent them at
Labour and Industrial
Court proceedings. |
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(g) |
to facilitate, promote
and to provide a forum
for regular consultation
between Members on
matters of common
interest. |
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(h) |
to promote among Members
the adoption of sound
principles and best
practices of Human
Resource management and
industrial relations. |
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(i) |
to encourage Employers
with similar interests
to form Employer
Organisations. |
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(j) |
to be the organisation
most representative of
Employers in Malaysia on
all matters coming
within the scope of the
International Labour
Organisation. |
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(k) |
to compile and circulate
such statistical and
other data as may be
necessary or desirable
for the study of
remuneration and
conditions of employment
and other matters
affecting Human Resource
management. |
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(l) |
upon the request of any
Member, to make
available to the Member
with or without payment
of any fees in
accordance with a scale
fixed from time to time
by the Council, the
services of the
Federation or any person
employed or engaged by
the Federation for
advice, guidance or
assistance on any
industrial or other
dispute or any matter
affecting directly or
indirectly such a
Member. |
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(m) |
to co-operate with any
organisation of
Employers, national,
regional or
international, whose
objects are similar to
those of the Federation.
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(n) |
to ensure the provision
of such training
facilities as will
develop the skills of
Employers at all levels
in the effective
management of human
resources. |
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(0) |
to print and publish
newspapers, periodicals
and pamphlets or through
electronic media for the
spreading of information
with respect to matters
having relation to the
objects of the
Federation. |
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(p) |
to establish and
maintain a consulting
library and electronic
data base for the use of
Members. |
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(q) |
to borrow or raise, or
secure the payment of
money in such manner as
the Federation shall
think fit upon such
terms or conditions as
shall be deemed
expedient. |
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(r) |
to invest funds or
monies of the Federation
not immediately required
in such securities and
in such manner as may
from time to time be
determined by it |
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(s) |
to raise funds by means
of subscriptions or
levies on Members and/or
from other activities to
promote the Vision,
Mission, core activities
and objects of the
Federation in such
amounts and in such
manner as may be decided
by the Council from time
to time and to accept,
undertake or execute any
trust, or gift which may
be deemed to be in
accordance with or which
may further or benefit
the objects of the
Federation. |
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(t) |
to purchase, take on
lease or license or hire
or otherwise acquire
immovable property of
any kind and to
construct, maintain or
alter any building in
furtherance of the
objects of the
Federation. |
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(u) |
generally, to do all
such other lawful acts
as are incidental and
conducive to the
attainment of any or all
of the above objects. |
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Rule 5:
Interpretation Clause |
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5.1 |
In these Constitutional Rules, unless the context requires otherwise:- |
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(a) |
“the Federation” shall mean
the Malaysian Employers
Federation. |
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(b) |
“the
Council” shall mean the
Management Council of the
Federation. |
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(c) |
“Employer” shall
mean any business or other
organisation registered
under the laws of Malaysia
including but not limited to
a sole proprietorship,
partnership, company,
corporation, club or
association in Malaysia
employing one or more
persons. |
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(d) |
“Member” shall mean any
Employer or Employers’ Organisation duly admitted
to membership of the
Federation under these
Constitutional Rules. |
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(e) |
“Employers Organisation”
shall mean any organisation
of employers registered
under any legislation in
Malaysia.
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(f) |
“Subsidiary” and “Holding”
shall have the same meaning
as in the Companies Act
1965. |
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(g) |
“Industrial Relations
Services” shall mean the
following :-
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1) |
advice or opinion
from the Secretariat on
human resource practices
and the application of
labour legislation.
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2) |
representation at conciliation
proceedings and proceeding before
the Industrial Court and the Labour Court and
advice and assistance in
the settlement of trade
disputes and matters
connected therewith. |
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3) |
advice generally on
trade disputes including
union recognition and
claims preparatory to
collective bargaining. |
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(h) |
“the Chief
Executive” shall mean the
person or persons, howsoever
designated, to be appointed in that
capacity under
Rule 22.2 and shall
include any person or persons acting
in that capacity. |
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(i) |
“Nominee” shall mean the
person whose name has been
registered with the
Federation under
Rule 8 as
the representative of any
Member. |
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(j) |
“Employer Group”
shall mean
any one of the sections into
which Ordinary Members have
been or may be grouped under
the provisions of
Rule 9. |
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(k) |
“Register” shall mean the
Register of Members as
provided for by
Rule 10.
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(l) |
“in writing”
shall mean
written, printed, typed,
lithographed, visibly
expressed or retrieved in
all or any of these modes of
representing or reproducing
words in the English
language. |
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(m) |
words importing the singular
number shall include the
plural and vice versa. |
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(n) |
words importing the
masculine gender shall
include the feminine gender
and vice versa. |
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(o) |
“the
Academy”
shall mean the “MEF Academy Sdn Bhd”. |
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Rule 6:
Registered Office and Place of
Meeting |
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6.1 |
The Registered Office of the
Federation shall be at 3A06-3A07,
Block A, Pusat Dagangan Phileo
Damansara II, No.15, Jalan 16/11,
Off Jalan Damansara, 46350 Petaling
Jaya, Selangor Darul Ehsan, Malaysia
or at such other place as may be
determined by the Council from time
to time. |
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6.2 |
The place of meeting of the
Federation shall be at the
Registered Office or at such other
place as may be determined by the
Council from time to time. |
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Rule 7:
Membership |
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7.1 |
Members
of the Federation are as follows :- |
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(a) |
Ordinary Members |
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Any individual Employer
shall be eligible for
admission as an Ordinary
Member.
Provided that
a holding company with two or
more subsidiaries with a
centralised human resource and
industrial relations function
may opt for group membership in
respect of all such subsidiaries
and holding company and for the
purpose of membership the whole
group will be treated as one
Ordinary Member.
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(b) |
Association Members |
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Any duly registered
Employer’s Organisation shall be
eligible for admission as an
Association Member. |
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(i) |
Founder
Association Members –
FM-1 |
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Members in this category
are registered Founder
Employers Organisations
who require the full
range of services
provided by the
Federation. The members
of the Association
Member in this category
are eligible for the
full range of services
provided by the
Federation and the
benefits, privileges and
obligations of Ordinary
Members. |
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(ii) |
Founder Association Members – FM-2
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Members in this category
are registered founder
Employers Organisations
in Peninsular Malaysia
and registered, founder
central Employers
Organisations in Sabah
and Sarawak. |
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(iii) |
Association Members – AM-1 |
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Membership in this
category shall be open
to all registered
Employers’ Organisations
who with effect from the
date of coming into
force of these
Constitutional Rules,
seek membership as
Association Member and
who require the full
range of services
provided by the
Federation. Individual
employers who are
members of the
Association Member in
this category shall be
eligible for the full
range of services
provided by the
Federation and the
benefits, privileges and
obligations of Ordinary
Members. |
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(iv) |
Association Members – AM-2 |
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Membership in this
category shall be open
to all registered
Employers’ Organisations
in Malaysia who with
effect from the date of
coming into force of
these Constitutional
Rules, seek membership
as Association Member in
this new category. |
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(v) |
Association Members – AM-3 |
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Membership in this
category shall be open
to all registered
Employers’ Organisations
who require the full
range of services
provided by the
Federation but the
individual member of the
Employers’ Organisations
in this category shall
not be eligible for the
services provided by the
Federation by virtue of
their membership with
the Association Member
concerned. |
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(vi) |
Association Members – AM-4 |
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Membership in this category shall be
open to all registered organisations
representing employers in the plantation
industry and to all registered
organisations representing the small and
medium-sized industries who require the
full range of services provided by the
Federation but the individual member in
this category shall not be eligible for
the services provided by the Federation
by virtue of their membership with the
Association member concerned. |
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7.2 |
Any Employer or Employers Organisation desirous of
becoming a Member shall submit
an application in the prescribed
Application Form. Every such
application shall be forwarded
to the Chief Executive who shall
at the earliest convenient
opportunity submit it to the
Council or the Membership
Committee for approval. The
Council may, at its discretion,
reject any application without
assigning any reason therefore.
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7.3 |
Every applicant whose application
has been approved as aforesaid shall
upon payment of the prescribed
subscription be admitted as a Member
of the Federation and shall be
entitled to all the rights of
membership and shall be subject to
all the obligations of membership. |
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Rule 8:
Nominees
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8.1 |
The Nominee of an Ordinary Member
shall be its Chief Executive or any
other person nominated in the
prescribed Nomination Form and
approved by the Council. |
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8.2 |
An Ordinary Member may be
represented at the Federation’s
General Meetings only by its Nominee
or its duly authorised representative. |
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8.3 |
The nominee of the Association
Member elected to the Council shall
be a person holding office as
Partner, Director, General Manager,
President, Vice President or such
other office of similar status
approved by the Council. |
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8.4 |
An Association Member may be
represented at the Federation’s
General Meetings only by its Nominee
or its duly authorised
representative. |
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Rule 9:
Employer Groups |
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9.1 |
Every Ordinary Member of the
Federation shall be grouped or
classified for administrative
purposes as belonging to one or more
Trade/Industry Groups as may be
constituted from time to time by
decision of the Council. |
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9.2 |
The representative of each
Trade/Industry Group elected to the
Industrial Relations Panel as
hereinafter referred to in these
Constitutional Rules shall also be
the Chairman of such Trade/Industry
Group and he may as and when he
considers necessary, or shall on the
directions of the Industrial
Relations Panel, convene a meeting
of his Trade/Industry Group for the
purpose of discussing and
recommending any matter relating to
the interests of such Trade/Industry
Group. |
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9.3 |
For the purpose of Trade/Industry
Group meetings an Ordinary Member
may be represented by an executive
engaged in Human Resource management
and industrial relations. |
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Rule 10:
The Register |
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10.1 |
The Chief Executive shall keep at
the Registered Office a book to be
called “The Register of Members of
the Malaysian Employers Federation”.
The Register shall contain the
following particulars – |
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(a) |
the name, address and
business of each Member; |
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(b) |
category of membership; |
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(c) |
the date the Employer or
Employers’ Organisation was
inscribed in the Register as
a Member and the date on
which the Employer or
Employers’ Organisation
ceased to be a Member; |
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(d) |
the name of the
trade/industry group, if
any, to which such Member
was assigned; |
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(e) |
the name and address of the
Ordinary Member’s Nominee
registered under the
provision of Rule 8; |
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(f) |
such other particulars as may be
required by the Council from time to
time. |
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Rule 11:
Official Year
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11.1 |
The Official Year of the Federation
shall be from 1st January to 31st
December. |
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Rule 12:
Entrance Fee
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12.1 |
An application for membership shall
be accompanied by an Entrance Fee of
RM500.00. |
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Rule 13:
Subscription |
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13.1 |
Ordinary Members shall pay an annual
subscription at the following rates:-
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the first 100 employees at
RM10.00 per employee
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the second 100 employees at
RM8.00 per employee
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the third 100 employees at
RM6.00 per employee
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thereafter, at RM1.00 per
employee
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subject to a Minimum of
RM1,000.00 and a Maximum of
RM6.000.00.
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Provided that
Ordinary Members in Group Membership
shall pay an annual subscription in
respect of the total number of
employees in the whole group.
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13.2 |
Association Members shall pay an
annual subscription as follows:- |
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(a) |
Founder
Association Member – FM-1 |
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A member in this category
shall pay the aggregate of
80% of the scale prescribed
in Rule 13.1 in respect of
each of its own direct
members. |
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(b) |
Founder
Association Member – FM-2 |
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Founder Association Member
in this category shall pay
an annual subscription of
RM3,000.00. |
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(c) |
Association
Members – AM-1 |
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A member in this category
shall pay the aggregate of
80% of the scale prescribed
in Rule 13.1 in respect of
each of its own direct
members. |
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(d) |
Association
Members – AM-2 |
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Association Members in this
category shall pay an annual
subscription of RM3,000.00. |
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(e) |
Association
Members – AM-3 |
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Association Members in this
category shall pay an annual
subscription of RM1,000.00. |
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(f) |
Association
Members – AM-4 |
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Association Members in this category
shall pay an annual subscription of
RM3,000.00 in accordance with the
Bye-Laws. |
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13.3 |
Subscription shall be paid annually
in advance and shall become due and
payable on 1st January each year.
However, in the
case of a new member, the Entrance
Fee due and the first year’s
subscription shall become due and
payable on the day on which the new
member is notified of the approval
of his application for membership.
On the first anniversary of
membership, the annual subscription
due and payable shall be pro-rated
to 1st January of the succeeding
year. Thereafter, subscription shall
fall due and payable on 1st January
of each year |
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Rule 14:
Obligation of Members |
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14.1 |
Members shall be bound, under
penalty of expulsion from the
Federation, to abide by the
Constitutional Rules of the
Federation and the decisions of the
Council. |
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14.2 |
Members shall furnish the Federation
with such information as it may
reasonably request. |
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14.3 |
Members shall report to the
Federation particulars of any matter
in respect of which an industrial
dispute has arisen and of every
strike and of any agreement or
settlement reached |
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14.4 |
Members shall submit to the
Federation a copy of any Collective
Agreement signed by them with any
trade union. |
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Rule 15:
Resignation of Members |
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15.1 |
Any Member wishing to resign from
the Federation shall give three
months’ notice in writing to the
Chief Executive of his intention so
to do but such notice shall not
relieve the Member of his liability
for any arrears of subscription and
other dues outstanding at the
expiration of such notice.
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15.2 |
Any Member resigning from the
Federation shall on the expiration
of such notice ipso facto cease to
be a member in benefit and shall
have no further interest in the
funds and/or property of the
Federation and shall not be entitled
to a refund of any subscription paid
or any other payment made by such
Member, whether such subscription or
payment thereof relates to a period
of time prior or subsequent to the
date of cessation of membership. |
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Rule 16:
Expulsion of Members |
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16.1 |
Any matter involving the conduct of
any Member which may warrant his
expulsion from the Federation shall
be considered by the Council at a
meeting specially convened for that
purpose. Not less than seven days’
prior notice in writing of such
meeting shall be given to the Member
concerned by the Chief Executive.
The notice shall set out the matter
upon which the Council’s decision or
advice is desired and the Member in
question shall be entitled to be
present and to be heard at the
meeting for that purpose (but not
thereafter) before any decision or
recommendation of the Council is
recorded. |
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16.2 |
Any Member who has in the opinion of
the majority of the members of the
Council present and voting at such
meeting acted in any way contrary to
the interests of the Federation or
whose conduct has in such majority
opinion of the Council convened as
aforesaid rendered such Member unfit
to be a Member may be expelled from
the Federation, and the name of such
Member shall be removed from the
Register and such Member shall cease
to be a Member and shall forfeit all
interest in the funds and property
of the Federation and thereafter
shall be ineligible for membership
without the consent of the Council
by majority. |
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16.3 |
A member so expelled shall not be
entitled to any refund of
subscription paid or other payment
made by such Member whether such
subscription or other payment or any
part thereof relates to a period of
time prior or subsequent to the date
of expulsion. |
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16.4 |
A Member expelled under the
provisions of Rule
16.1 above may appeal against
the expulsion to the next Annual
General Meeting and the decision of
that General Meeting shall be final.
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Rule
17:
Composition of Council |
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17.1 |
The Council shall be composed of
members as follows :-
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(a) |
12 Council Members
elected from amongst the
Ordinary Members
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(b) |
1 Council Member from
each Founder Association
Member – FM-1 |
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(c) |
1 Council Member from
each Founder Association
Member – FM-2 |
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(d) |
1 Council Member from
Association Member – AM-1 in
accordance with the Bye-Laws |
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(e) |
1 Council Member from
Association Member – AM-2 in
accordance with the Bye-Laws
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(f) |
1 Council Member from Association
Member – AM-4 in accordance with the
Bye-Laws |
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(g) |
Council members invited
under Rule 17.2 |
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(h) |
the Immediate Past
President under
Rule 18.6 |
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17.2 |
In addition, the
Council may on a proposal by the
President and duly seconded, by
consensus invite not more than three
persons of good standing who the
Council considers will contribute to
its deliberation and further promote
and enhance the Vision, Mission and
Objects of the Federation.
The provisions of
these Constitutional Rules shall
apply mutatis mutandis to the
persons so appointed by the Council.
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17.3 |
The Council shall hold office for a
period of 2 years from the close of
business of the AGM at which
elections are held until the close
of business of the next following
AGM at which elections are held. |
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17.4 |
All members of the Council shall
hold office ‘ad personam’. |
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Rule 18:
Personnel of Council |
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18.1 |
The Council shall elect from amongst
its members at its first meeting to
be held immediately after the Annual
General Meeting at which elections
are held:- |
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a President
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four Vice Presidents
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an Honorary Secretary
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an Honorary Treasurer
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hereinafter referred to as
the Principal Office Bearers
who shall hold office until
the conclusion of the next
following Annual General
Meeting at which elections
are held.
Provided that the Council may at any
time appoint such Honorary Secretary
and where such Honorary Secretary is
so appointed, then any other staff
assigned duties as Secretary of the
General Meeting and or Council shall
act on his instructions in respect
of all functions and duties assigned
to the Honorary Secretary under
these Constitutional Rules or
assigned by the Council, and the
Council may at any time rescind such
appointment.
Provided further that in the event of the
President ceasing to hold that
office or be a member of the
Council, the Council shall elect one
of the four Vice Presidents as
President and one of its members as
Vice President and in the event of
any Vice President or the Hon.
Treasurer ceasing to hold any such
office or be a member of the
Council, the Council shall elect in
his place one of its members to hold
such office. |
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18.2 |
Deleted w.e.f. 21 May
2010 |
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18.3 |
The Principal Office Bearers shall
be responsible for ensuring the
administration of the office and
staff of the Federation in
accordance with the decisions of the
Council. |
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18.4 |
President Emeritus
The Council may by consensus declare
that a past President be bestowed
the honour as President Emeritus. |
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18.5 |
The
President
The President shall preside at all
General Meetings and Council
Meetings. He shall be responsible
for leading the Council in the
formulation of policies and in the
pursuit of realising the Vision,
Mission and Objects of the
Federation. |
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18.6 |
Immediate Past President
A person who retires from office as
President shall ipso facto continue
to serve on the Council albeit as
Immediate Past President until he is
succeeded in office by the next
Immediate Past President. The
Immediate Past President serves on
the Council in an ex-officio
capacity. |
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18.7 |
The Vice
Presidents
The Vice Presidents shall act in
rotation for the President during
his absence. All duties, powers and
responsibilities of the President in
his absence shall devolve upon the
Vice President appointed to act for
the President during his absence. |
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18.8 |
The Honorary
Secretary
The Honorary Secretary where one is
appointed, shall be responsible for
the timely preparation of minutes or
causing minutes to be timely
prepared of General Meetings and of
the Council, the timely circulation
of such minutes issuing notices of
their meetings, recording of
attendances at meetings and for
ensuring that decisions taken at
these meetings or by the Council are
expeditiously implemented and or
acted upon by all parties concerned
in the context of such decisions.
The Council may also assign
additional responsibilities and
duties to the Honorary Secretary.
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18.9 |
The Honorary
Treasurer
The Hon. Treasurer shall be
responsible for ensuring that a true
and accurate account of all monies
received and expended by the
Federation is kept and that an
Annual Balance Sheet, a Statement of
Receipts and Payments and an Income
and Expenditure Account are prepared
for submission to the Annual General
Meeting. The Hon. Treasurer shall be
the Chairman of the Finance
Committee. |
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Rule 19:
Council
Meetings |
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19.1 |
The Council shall meet as often as
it shall deem necessary but not less
often than four times in each year.
Meetings of the Council shall be
convened as directed by the
President or, in his absence, the
Vice President, provided that a
meeting shall be convened on the
written requisition of five or more
members of the Council, which
requisition shall specify the matter
or matters to be considered by the
Council at such meeting. Not less
than seven days’ notice in writing
shall normally be given of meetings
of the Council unless the President
or, in his absence, the Vice
President considers the situation
one of urgency. |
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19.2 |
The quorum for a meeting of the
Council shall be ten or
one half of the
total number of Council members
whichever is lesser.
Voting at Council meetings shall be
by a show of hands and each member
shall have one vote. The Chairman of
the meeting shall have an original
as well as a casting vote. No
decision of the Council shall be
valid unless passed by a majority of
those present and voting. |
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19.3 |
A resolution in writing initiated by
the President or in his absence by a
Vice President, duly signed by a
majority of the Council Members
shall be as valid and effectual as
if it had been passed at a meeting
of the Council duly convened and
held provided all members of the
Council are aware of and or have
been made aware of such a
resolution. Where not less than five
members of the Council objected to
the resolution or have requested for
a meeting of the Council to discuss
the resolution, then a meeting of
the Council shall be called to
discuss whether the said resolution
should be passed or not. |
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Rule
20:
Powers
of the Council |
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20.1 |
The Council shall have absolute
power to regulate, manage and
control all the affairs of the
Federation (including power to
authorise expenditure and to make
bye laws) and to carry out its
objects, subject only to these
Constitutional Rules for the time
being in force, and may exercise all
such powers and do all such acts and
things as may be exercised or done
by the Federation and are not hereby
or by statute law expressly directed
or required to be exercised or done
by an Annual General Meeting of the
Federation. |
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20.2 |
The Council shall have discretionary
powers to issue a written caution to
any Member for any of the reasons
contained in Rule
16.2 instead of expelling such
Member. |
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20.3 |
Between the General Meetings, the
Council shall have the power to
interpret the Constitutional Rules
of the Federation and determine any
point on which the Constitutional
Rules are silent. The decision of
the Council shall be binding on all
Members of the Federation unless and
until countermanded by a duly
constituted General Meeting of the
Federation. |
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Rule
20a:
MEF Academy - The Power to make
Bye-Laws |
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20a.1 |
The Council shall have the power
to make such Bye-Laws as it may
deem necessary, consistent with
these Constitutional Rules for
the effective governance of the
Academy and the due realisation
of the Federation’s
Constitutional objects and in
particular its Vision and
Mission as enumerated therein.
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Rule 21:
Annual
General Meeting |
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21.1
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The Annual General Meeting of the
Members of the Federation shall be
convened by the Council once a year
as soon as practicable after the
close of the Official Year of the
Federation and in any event not
later than 30th September for the
purpose of the following matters :- |
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(i) |
to confirm the Minutes
of the previous Annual
General Meeting, and Special
General Meeting, if any; |
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(ii) |
to consider the Report of the
Council in respect of the previous
year; |
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(iii) |
to consider and if
agreed, approve the Annual
Balance Sheet, the Statement
of Receipts and Payments and
the Income and Expenditure
Account for the preceding
financial year duly audited
by the Auditors; |
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(iv) |
to consider amendments
to these Constitutional
Rules, if any; |
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(v) |
to elect from amongst
the Nominees biennially
members of the Council in
accordance with
Rule 17.1. |
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(vi) |
to announce the Council
Members from Founder
Association Members in FM-1
and FM-2.
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(vii) |
to announce the Council
Members from Association
Members in AM-1 and AM-2. |
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(ix) |
to consider any other matters of
which not less than 14 days’ notice
has been given in writing to the
Federation provided that the Meeting
may consider any matter in respect
of which such notice has not been
given if not less than two-thirds of
the Members present agree to such
matter being discussed |
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21.2 |
Not less than 21 days notice shall
be given of the Annual General
Meeting. |
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21.3 |
The quorum for an Annual General
Meeting shall be 20 Nominees. Voting
at the Meeting shall be by a show of
hands. Each Member shall have one
vote. The Chairman of the Meeting
shall have an original as well as
casting vote. No decision of the
Meeting shall be valid unless passed
by a majority of those present and
voting. |
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21.4 |
Voting by Ordinary Members for the
purpose of election to the Council
shall be by secret ballot if a
motion in that behalf is duly
proposed, seconded and approved by a
simple majority of Ordinary Members
present and voting.
The provision of
Rule 21.3 (above) shall apply in all
other respects mutatis mutandis.
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21.5 |
An Extraordinary General Meeting of the
Members may be convened at any time
by the Council to determine the
views of the Members on any matter
affecting the interests of the
Federation or shall be convened by
the Council upon the requisition in
writing of at least 20 Nominees. The
provisions of Rule
21.2 shall apply pari passu
to a Special General Meeting. |
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21.6 |
(i) |
If half an hour after the time
appointed for an Annual General
Meeting a quorum is not present, the
meeting may be postponed to a date
not exceeding 30 days to be decided
by the Council and to the same time
and place, if a quorum is not
present half an hour after the time
appointed for the postponed meeting,
those present shall have power to
proceed with the business of the
day, but they shall not have power
to amend the Constitutional Rules or
to make decision affecting the whole
membership. |
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(ii) |
The provisions of
Rule 21.6(i) above shall apply
also to an Extraordinary General
Meeting, but with the proviso that
if no quorum is present after half
an hour from the time appointed for
an Extraordinary General Meeting
requisitioned by the Nominees, the
meeting shall be cancelled and no
Extraordinary General Meeting shall
be requisitioned for the same
purpose until after a lapse of at
least 6 months from the date
thereof. |
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21.7 |
Not less than 21 days notice shall
be given of the Extraordinary
General Meeting. |
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Rule 22:
Staff |
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22.1 |
The Council shall have power to
appoint any person as the Chief
Executive of the Federation, who may
be designated by any suitable title
approved by the Council for such
period at such salary and on such
conditions as may from time to time
be determined by the Council and he
shall act under the general
directions of the President or, in
his absence, a Vice President and
shall be responsible only to the
Council for the execution of the
decisions, policies and objects of
the Federation and, save as herein
provided, he shall not be obliged to
carry out any wishes or instructions
of Members or Nominees.
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22.2 |
The
Chief Executive
The Chief Executive shall be
ex-officio Secretary of the General
Meeting and Council but shall not be
entitled to vote.
It shall be the
responsibility of the Chief
Executive to keep a record of
membership, record of attendance at
meetings, send out notices of
meetings of Council and General
Meetings and record and prepare
minutes of such meetings and to
perform such other duties as
directed by the President and/or the
Council. He shall be responsible for
the day to day supervision of the
office and staff of the Federation.
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22.3 |
The Council shall have power to
appoint such other staff as may be
necessary upon such terms and
conditions as to salary and
otherwise as the Council may see
fit. |
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22.4 |
The Chief Executive and staff are
paid employees of the Federation and
the appointment of such paid
employees may be terminated by the
Council subject to the terms and
conditions of their appointment. |
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Rule 23:
Committees |
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23.1 |
Constitutional Committees
The Council shall appoint at its
first meeting to be held
immediately after each Annual
General Meeting at which
elections are held the following
Constitutional Committees. Each
Constitutional Committee shall
consist of not more than 5
Council members :-
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Audit Committee
An Audit Committee which shall
ensure the adequacy and
integrity of the Federation’s
internal control and risks
management systems including the
compliance with all applicable
law and regulations.
A person who
sits on the Audit Committee
shall not sit on the Finance
Committee.
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Establishment Committee
An Establishment Committee which
shall be responsible for all
matters related to the
appointments of the staff of the
Federation, their terms,
conditions and tenure of
service. |
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Finance Committee
A Finance Committee which shall
be responsible for all matters
pertaining to the income and
expenditure of the Federation.
A person who
sits on the Finance Committee
shall not sit on the Audit
Committee.
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Membership Committee
A Membership Committee which
shall be responsible for all
matters pertaining to membership
in the Federation. |
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23.2 |
Standing
Committees
The Council may appoint from within
its membership such Standing
Committees as may be desirable to
give effect to its Vision, Mission,
Objects and policies from time to
time. Each Standing Committee shall
consist of not more than 5 members
but may co-opt such other persons
from within the Federation’s
membership but not exceeding 4. |
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Viz. :- |
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a Human Resource Best
Practices Committee
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an International
Relations Committee
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a Public Relations Committee
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a Training and Research
Committee
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23.3 |
Unless specifically authorised, all
decisions of the Committees shall be
submitted to the Council for
approval prior to implementation. |
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23.4 |
Ad Hoc
Committees
Notwithstanding the provisions of
Rule 23.1 above, the Council shall
have the power to appoint one or
more Committees for any purpose or
purposes general or special to be
specified in the resolution
appointing each of such Committees
and every such Committee shall
conform with any direction that may
from time to time be given by the
Council. In all such Committees a
member of the Council shall be the
Chairman. Decisions and/or
recommendations of the Committee so
appointed shall be submitted to the
Council for prior approval before
implementation. |
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23.5 |
Industrial Relations Panel
Subject to the provisions of
Rule
23.2 above, there shall be an
Industrial Relations Panel to
consider all industrial relations
matters and such other matters as
may be referred to it by Council.
The Industrial Relations Panel shall
be constituted by such number of
representatives from Trade/Industry
Groups and Association Members as
may be decided by the Council. The
Council may also nominate to the
Panel such additional persons who
are engaged in the field of Human
Resource management and/or
industrial relations as it deems
fit.
Recommendations
of the Industrial Relations Panel
shall be submitted to the Council
for prior approval before
implementation. |
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Rule 24:
Casual
Vacancies |
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24.1 |
Any casual vacancy occurring on the
Council by reason of the death,
retirement, absence from Malaysia or
other disability of any member
thereof may be filled as follows :- |
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(a) |
in the case of an
Association Member, by a
Nominee of the Association
Member concerned. |
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(b) |
in the case of an
Ordinary Member, by the
Nominee who obtained the
next highest number of votes
at the election to the
Council at the previous
Annual General Meeting at
which elections are held. In
the event no such person is
available the Council may
appoint a member on the
proposal of the President.
Any person or persons
appointed to the Council in
accordance with these
Constitutional Rules shall
hold office until the next
Annual General Meeting of
the Federation at which
elections are held.
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24.2 |
Any member of the Council who shall
without the consent of the Council
have been absent from three
consecutive meetings of the Council
shall ipso facto relinquish office
as a member of the Council. |
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24.3 |
It shall be competent for the
Council, by resolution of a majority
of its members present, to declare
vacant the office of any member of
the Council, or any Committee, if
such member :- |
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(i) |
becomes bankrupt or
insolvent or makes an
assignment for the benefit
of his creditors or
compounds with his
creditors; or
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(ii) |
becomes lunatic or of
unsound mind; or
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(iii) |
in the opinion of a
majority of the Council
(after affording such Member
a reasonable opportunity of
being heard in his defence)
has infringed any of these
Constitutional Rules or
Bye-Laws of the Federation
or order of the Council or
is deemed guilty of any
conduct which the Council
may consider to be
dishonourable, or
inconsistent with his
position as a member of the
Council or any Council or
any Committee or calculated
to bring discredit on the
Federation, or to be
otherwise inimical to its
interests; or
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(iv) |
from any cause
whatsoever ceases to be a
Nominee or Representative of
a Member; or
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(v) |
in writing resigns from
the Council or any Committee
thereof; or
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(vi) |
is the Nominee of an
Employer or an Employer’s
Organisation that has served
notice of intention to
resign in accordance with
Rule 15.1.
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Rule
25:
Assets |
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25.1 |
Funds
All money or funds of the
Federation as received shall be
paid into an account maintained
at the branch of any licensed
financial institutions selected
by the Council in the name of
the Federation. All
disbursements on that account
shall be signed by any two of
the following:- |
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President
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A Vice President
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Hon. Treasurer
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Executive Director
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25.2 |
Property
All immovable property of the
Federation shall be vested in the
name of the Federation. All
instruments relating to that
property shall be executed by the
President, a Vice President and the
Hon. Treasurer for the time being of
the Federation. Their appointment
shall be authenticated by a
certificate of the Registrar of
Societies and sealed with the seal
of the Federation.
The immovable
property of the Federation shall not
be sold, leased, charged,
transferred or dealt with in such
manner so as to divest any interest
in the property without the prior
consent and authority of the
Council. |
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Rule
25a:
Reserve Fund |
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Deleted w.e.f. 21 May
2010 |
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Rule 26:
Indemnity |
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26.1 |
If any prosecution, action or suit
at law be commenced against any
member or members of the Council,
the Chief Executive or any staff or
agent of the Federation, for
anything done by him or them in the
proper or reasonable discharge of
their duty, such person or persons
shall be defended and indemnified by
and at the cost of the Federation
from all damages, costs and expenses
which may be incidental to or result
from such prosecution, action or
suit at law and the Council is
hereby empowered to apply the
property and funds of the Federation
for such purpose as may be directed
by the Council from time to time.
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26.2 |
Insurance
The Federation may purchase
insurance policies in any such sums
as may be necessary to keep the
Federation, members of the Council,
the Chief Executive or any staff or
agent of the Federation fully
indemnified for all costs, damages
and expenses which may be incidental
to or result from any of the matters
in Rule 26.1 above and any
deductibles for claims under such
policy of insurance shall be paid
from the Federation’s expenses along
with such premiums, as may be
decided by the Council from time to
time. The Chief Executive shall
ensure that the Federation is at all
times in full compliance with the
terms of such policy of insurance
including conditions precedent
thereto. |
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Rule 27:
Arrears |
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27.1 |
Any Member failing to pay a levy
within two months after notification
thereof has been posted to him by
the Chief Executive, or being in
arrears 3 months with subscription,
shall cease to be entitled to the
rights and privileges of membership.
In default of payment of the amount
of any levy and/or subscription
within one month of final demand
under the hand of the Chief
Executive, such Member shall ipso
facto cease to be a Member of the
Federation and shall thereupon cease
to have any interest in the funds
and/or property of the Federation.
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27.2 |
Upon any application for
re-admission by a Member whose
membership had ceased under the
provision of the preceding
paragraph, the Council may require
payment of the whole of the arrears
as a condition precedent to
re-admission. |
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Rule 28:
Application of Funds |
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28.1 |
The funds of the Federation
shall be applied by the Council
in payment of salaries, wages
and allowances, contributions to
any provident fund scheme or
other retirement benefits of the
employees of the Federation and
of the usual office and other
expenses of the Federation and
in furtherance of the objects of
the Federation. Any funds of the
Federation not immediately
required for any of the
aforesaid purposes may be
invested by the Council as
aforesaid in and upon any of the
investments for the time being
authorised by law.
Such application
of funds shall be in accordance with
financial procedures approved by the
Council from time to time.
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28.2 |
Any consent, instruction, direction,
or notice given by the Council or by
any person or persons acting or
purporting to act as members or
officers of the Council or by any
Committee thereof shall,
notwithstanding it be afterwards
discovered that there was some
defect in the appointment of any
such member, officer or person or
that they or any of them were
disqualified, be as valid as if
every such person had been duly
appointed and was qualified to be a
member or officer of the Council or
any such Committee thereof. |
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Rule 29:
Accounts |
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29.1 |
The accounts of the Federation
shall be in the charge of the Chief
Executive subject to the overall
directions of the Hon. Treasurer.
They shall be audited at least once
a year in respect of the period of
the previous official year of the
Federation. Copies of the audited
accounts together with any Report
submitted by the Auditors shall be
sent to all Members prior to the
Annual General Meeting. |
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Rule 30:
Inspection of the Books |
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30.1 |
The Register, the books of
accounts, the last Balance Sheet,
the Statement of Receipts and
Payments and the Income and
Expenditure Account of the
Federation shall be open to
inspection by any Member by
appointment at the office of the
Federation at all reasonable times. |
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Rule 31:
Alteration of Rules |
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31.1 |
Any proposed alteration,
addition or amendments to these
Constitutional Rules of the
Federation shall be submitted to the
Council duly proposed and seconded
in writing. The Chief Executive
shall thereupon circulate the same
to members of the Council which
shall make its recommendations
thereon and place such proposals and
recommendation before the next
Annual General Meeting or
Extraordinary General Meeting of the
Federation to consider and if
thought fit to adopt such proposals
with or without modification. The
notice convening any such meeting
shall set forth the mover’s
proposals, any reasons therefore
which he may have given and the
recommendation of the Council in
connection thereto. Any proposal
which is adopted by resolution and
passed by a majority of Nominees
present and voting shall be valid
and binding upon all Members of the
Federation. No amendments shall be
enforced without the prior approval
of the Registrar of Societies. |
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Rule 32:
Notice to Members
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32.1 |
All notices sent or required by
these Constitutional Rules to be
sent to the Members shall be deemed
to have been duly served if sent by
the Federation either personally or
through the post addressed to
Members at the address as shown in
the Register. |
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Rule 33:
Dissolution
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33.1 |
The Federation may be
voluntarily dissolved if not less
than three-fourths of the Ordinary
Members and three-fourths of the
Association Members support in
writing a circular-resolution to
that effect. In the event of the
Federation being dissolved as herein
provided, all debts and liabilities
legally incurred on its behalf shall
be fully discharged and the
remaining funds shall be disposed of
in such manner as may be decided by
the general membership. |
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