Malaysian SLE Association (LUPUS)

The Constitution of Persatuan SLE Malaysia

RULE I: NAME

This Association shall be known as PERSATUAN SYSTEMIC LUPUS ERYTHEMATOSUS MALAYSIA, in short PERSATUAN SLE MALAYSIA (THE MALAYSIAN SYSTEMIC LUPUS ERYTHEMATHOSUS ASSOCIATION, in short, THE MALAYSIAN SLE ASSOCIATION) (herein referred to as ‘’the Association’’).

RULE II: REGISTERED PLACE OF BUSINESS

The registered place of Business of the Association shall be at 3rd Floor, Bangunan Sultan Salahuddin Abdul Aziz Shah, 16, Jalan Utara, 46200 Petaling Jaya, Selangor D.E. or other places as may from time to time be decided by the Executive Committee. The registered place(s) of business shall not be changed unless prior approval is obtained from the Registrar of Societies of Malaysia.

RULE III: PATRON

The Association shall have a patron or patrons who shall be nominated from time to time by the Executive Committee.

RULE IV: NON-PROFIT, CHARITABLE ORGANISATION

The Association shall be a charitable organisation and it shall not be conducted for profit or gain and no part of its earnings shall be used for the benefit of any individual, firm or corporation.

RULE V: OBJECTIVE

  1. To provide social and psychological support and financial assistance to needy SLE patients and members of their family irrespective of their race, religion and creed.
  2. To promote understanding of Systemic Lupus Erythematosus (SLE) and the related Mixed Connective Tissue Disease (MCTD) amongst patients, their families and the community at large.
  3. To collect, compile and disseminate information regarding causes, prevention, research programmes and available aids to combat SLE and related MCTD.
  4. To operate as a resource base for information and literature regarding SLE and related MCTD.
  5. To encourage and promote research and other activities relating to the prevention, diagnosis, cause and treatment of SLE and related MCTD.
  6. To promote financial support for research, training and health care services for SLE and related MCTD.
  7. To establish and operate projects rendering service to persons suffering from SLE and related MCTD.
  8. To co-operate with all relevant public and private agencies and services for persons suffering from SLE and related MCTD.
  9. To recommend and assist in the formation of such legislation as may be required to assist and improve services to those suffering from SLE and related MCTD.
  10. To campaign for, receive, hold and apply funds, gifts, bequests and endowments or proceeds thereof, to any of the purposes described in these objectives.
  11. To foster co-ordination and development of all activities in relation to SLE and related MCTD.

RULE VI: MEMBERSHIP

Members of the Association shall be either ordinary members, life members, corporate members or honorary members.

Ordinary Members

  1. Any person of at least 18 years of age residing in Malaysia willing to promote the objectives of the Association shall be entitled to apply for ordinary membership of the Association and shall upon approval pay a subscription fee of RM10.00 per annum. Ordinary members shall have the rights to vote and hold office.
  2. Any person under eighteen (18) years of age (i.e. a minor) with the consent in writing of his/her parent or guardian, may apply for junior membership of the Association and upon approval pay a subscription fee of RM10.00 per annum. Such junior members shall have no voting rights and shall not hold any office or post as defined in these Rules.

Life Members

All persons entitled to apply for ordinary membership may apply for life membership of the Association and shall upon approval pay an entrance fee of RM100.00 in full. All life members, with the exception of minor life members, shall have the right to vote and hold office.

Corporate Members

All firms, companies, organisations and institutions who subscribe to the objectives of the Association shall be entitled to apply for corporate membership of the Association and shall upon approval pay a minimum subscription fee of RM500.00 per annum. Corporate members shall have no voting rights and may not hold any office or post as defined in these Rules.

Honorary Members

Honorary membership shall be conferred to persons who have made notable contributions towards the objectives of the Association and they shall be elected to such membership by voting rights and may not hold any office or post as defined in these Rules.

RULE VII: APPLICATION

  1. Application for membership shall be made on an application form prescribed by the Executive Committee from time to time. It shall be the right and duty of the Executive Committee to consider and if satisfied, approve such application.
  2. Every applicant for membership shall upon approval pay the prescribed subscription fee. The said fee shall from time to time be varied at a General Meeting subject to the approval of the Registrar of Societies.
  3. Annual subscription shall be payable in advance in the month of January of each year.
  4. Members whose subscriptions are in arrears for three (3) months shall be notified in writing to settle their dues. If such members fail to settle their arrears within one (1) month of such notice, the Executive Committee may decide either to cancel membership or to suspend membership of defaulting members until their outstanding accounts are paid in full.

RULE VIII: THE EXECUTIVE COMMITTEE

Officials

The Association shall be governed by the Executive Committee comprising:

  1. a President;
  2. a Vice-President
  3. an Honorary Secretary
  4. an Honorary Treasurer; and
  5. six (6) ordinary committee members.

At least 50% of the members of the Executive Committee are members other than the founder members, who shall include at least a prominent citizen who has performed outstanding services to the community at large and representatives from the government.

The benefits of the Association shall not be enjoyed by the members of the Executive Committee including their immediate family and staff of the Association.

Election of Officials

  1. Nomination for the election of Executive Committee Members shall be proposed and seconded at the Annual General meeting and their election shall be by a majority vote.
  2. All office bearers shall be elected once every two (2) years and hold office for not more than three (3) consecutive terms. The same person may not be elected as Honorary Treasurer for more than two (2) consecutive terms.

Duties of Office-Bearers

The duties of the office-bearers shall be as follows:

  • The President shall act as the chair-person and preside at all the meetings of the Association. He/she shall be responsible for the proper conduct of the meeting.
  • When the President is absent, the Vice-President shall act as the chair-person of the meeting.
  • The Honorary Secretary shall :
    1. record minutes of all General and Committee meetings;
    2. conduct all correspondence on behalf of the Committee and Association;
    3. keep a register of all members of the Association;
    4. be a repository of all reports and records of the Association;
    5. at all times carry out the directions of the Association and the decision of the Executive Committee
  • The Honorary Treasurer shall:
    1. keep proper books of accounts and submit a statement of accounts at each Executive Committee meeting;
    2. prepare the annual statement of accounts at the close of the financial year ending 31st. December;
    3. generally be responsible for the administration of the finance of the Association.
  • The Ordinary Committee Members shall perform such duties as directed by the Committee.

The Executive Committee shall have the power to authorise the expenditure of any sum of money standing to the credit of the Association for the purpose of achieving the objectives of the Association.

RULE IX: COMMITTEE MEETINGS

  1. An Executive Committee meeting shall be held as often as may be required but not less than once every three (3) months. At least five (5) days notice shall be given to Committee members.
  2. The quorum for the Executive Committee meeting shall not be less than four (4). In the absence of a quorum, the meeting shall be adjourned fifteen (15) minutes and those present shall be considered as a quorum.
  3. Committee Members who absent themselves from three (3) consecutive meetings without satisfactory explanation will be asked to vacate their position as Committee Officials unless they have informed the President of their inability to attend such meetings.
  4. In the event of vacancies to the Committee being for any reason, the Committee shall be empowered to fill in the vacancies until the next General Meeting.
  5. Question arising at Committee Meetings will be decided on majority vote. In case of equal votes, the President shall have a casting vote.

RULE X: ANNUAL GENERAL MEETING

The annual General Meeting of members shall be held between the 1st of March to 30th of June in each year. The following points must be considered at the Annual General Meeting:

  1. the previous year’s audited account
  2. the report of the Committee
  3. election of Office-Bearers and Auditors
  4. amendments to rules, if any.

RULE XI: EXTRAORDINARY GENERAL MEETING

  1. Upon a written request bearing the signature of not less than five percent (5%) of the voting members, an Extraordinary General Meeting may be held by the President or in his/her absence the Vice-President shall convene such meeting within one (1) month of the said member’s request.
  2. The Extraordinary General Meeting may also be convened whenever the Committee deem necessary.

RULE XII: NOTICES OF GENERAL MEETINGS

  1. The Honorary Secretary shall give at least ten (10) day’s notice in writing of all General Meetings specifying the time, day, place and agenda to the members.
  2. A copy of the audited annual accounts of the previous year shall be attached to the notice of the Annual General Meeting.
  3. Any member wishing to place an item on the agenda, must give the Honorary Secretary notice in writing giving details of the item five (5) days before the date of the meeting.

RULE XIII: RECEIPT OF NOTICE

A notice may be given personally or sent by post to members. Service of notice by post shall be deemed effective if proper posting procedure is followed.

RULE XIV: QUORUM AT GENERAL MEETING

  1. The quorum for any General Meeting of the Association shall be one-half (1/2) of the total voting membership or twice (2x) the number of Committee Members present whichever is the less.
  2. In the event of there being no quorum, the meeting shall be postponed thirty (30) minutes and should the number then present be insufficient to form a quorum, those present shall be considered a quorum, but they shall have no power to alter, amend or make addition to any of the existing Rules.

RULE XV: PROCEEDINGS AT GENERAL MEETINGS

  1. The President may, if requested, adjourn a meeting. Residual business may be finalised at the next General Meeting.
  2. At any General Meeting, a resolution put to the vote shall be decided by a show of hands. This declaration shall be called as carried, carried unanimously or lost by the President and so recorded by the Honorary Secretary in the minutes.
  3. In case of equal votes from a show of hands, the President shall have a casting vote.
  4. Each member eligible to vote shall have one vote.

RULE XVI: FINANCE

  1. The financial year of the Association shall be from 1st of January to 31st December.
  2. All monies standing to the credit of the Association shall be paid into a Bank approved by the Executive Committee.
  3. Cheques and other documents for the withdrawal of funds in the Bank standing to the credit of the Association shall be signed by the Honorary Treasurer and one other person whom shall be either:
    1. the President; or
    2. the Honorary Secretary

RULE XVII: AUDIT

  1. Two (2) persons who are not members of the Executive Committee shall be elected at each Annual General meeting as the Internal Auditors to hold office for the period of one (1) year from the date of appointment. The same person may not be elected as Internal Auditors the following year.
  2. The Internal Auditors shall audit the Association’s accounts for the period within the tenure of their office and shall make the report to the Executive Committee.
  3. Alternatively, the Annual General Meeting may appoint a firm of auditors to audit the accounts of the Association from time to time.
  4. A copy of the audited accounts of the Association shall be forwarded to the Direction General of Inland Revenue of Malaysia.

RULE XVIII: PROHIBITIONS

  1. Gambling of any kind such as the playing of paikow or mahjong, whether for stake or not, is forbidden in the Association’s premises. The introduction of materials for gambling or drug taking and/or bad characters into the premises is prohibited.
  2. The funds of the Association shall not be used to pay the fines of members who have been convicted in court.
  3. The Association shall not attempt to restrict or, in any other manner, interfere with trade or prices or engage in any trade union activity as defined in the Trade Union Ordinance, 1959.
  4. The Association shall not hold any lottery, whether confined to its members or not, in the name of the Association or its office-bearers, the Committee or its members except for the purposes of collecting funds for the promotion of welfare and other social services for which proper licence has been obtained.
  5. The Association shall not turn to account any interest in the Association’s properties for commercial purposes.
  6. A university or university-college student shall not be eligible for membership unless prior approval in writing is obtained from the vice-chancellor of the university concerned.
  7. The income and property of the Association whenever derived shall be applied solely towards the promotion of the objectives of the Association as set forth in the rules and regulations and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the members of the Association and no benefits shall accrue directly or indirectly to members otherwise than as members of the public for whom the objectives are intended.

RULE XIX: AMENDMENT OF RULES

No alterations or additions to these Rules may be made except at the General Meeting by a two-third (2/3) majority of the voting members present. Such alterations shall not come into force without the prior sanction of the Director General of Inland Revenue, Malaysia and the approval of the Registrar of Societies. All applications to amend these Rules shall be made to the Registrar of Societies and the Director General of Inland Revenue, Malaysia within twenty-eight (28) days of its approval by General Meeting.

RULE XX: INTERPRETATION

In the event of any question or matter arising out of any matter which is not expressly provided for in these Rules, the Executive Committee shall have the power to decide on such matters and, if need be, seek such professional advice thereon, the cost of which shall be to the account of the Association.

RULE XXI: DISSOLUTION

  1. The Association shall not be dissolved except with the consent of not less than fifty percent (50%) of the voting members expressed in person or proxy at a General Meeting.
  2. In the event of the Association being dissolved as provided above, all debts and liabilities legally incurred on behalf of the Association shall be fully discharged and the remaining funds shall be donated to the Government or to another charitable institution which is approved by the Director General of Inland Revenue, Malaysia. No part of the property or income is to be distributed to members of the Association.
  3. Notice of dissolution shall be given within fourteen (14) days of the dissolution to the Director General of Inland Revenue, Malaysia.

RULE XXII

At least 70% (or percentage as may be approved by the Director General of Inland Revenue, Malaysia) of income and donations received in any year must be spent in the following year towards achieving the objectives of the Association.