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1. NAME
1.1 The Association shall be known as the Persatuan Akauntan Sektor Awam Malaysia (PERASAMA)
The Association of Public Sector Accountants, Malaysia)
2. INTERPRETATION
2.1 In this Association, if there is anything repugnant in the subject or content:-
Words importing the singular or plural number respectively include the plural and singular number, and words importing the masculine gender include the feminine gender.
“Accountant” – means an officer in the Government Corps of Accountants or a person
having recognized accounting qualification and experience equivalent to the minimum requirements for admission into the Government Corps of Accountants.
“Association” – means the Persatuan Akauntan Sektor Awam Malaysia (PERASAMA).
“Council” – means council elected by Annual Genaral Meeting under Article 15.
“Financial Year” – means the year ending 31st December.
“Government” – means Federal and State Governments of Malaysia.
“Public Service” – Means Public Service defined in Article 132 of the Federal Constitution.
3. PLACE OF MEETING AND REGISTERED ADDRESS
3.1 The place of meeting of the Association shall be at the Accountant Generals Department, Blok 8, Kompleks Pejabat-Pejabat Kerajaan, Jalan Duta, Kuala Lumpur or at such other place or places as may from time to time be decided upon by the Council, and its registered office shall be as above.
3.2 The registered office and place of meeting of the Association shall not be changed without the prior approval of the Registrar of Societies.
4. OBJECTIVES
4.1 To foster the interests of members in the field of accountancy and its related disciplines.
4.2 To promote and safeguard as far as possible the interests of all the members of the Association.
4.3 To promote and foster closer relationship with members of other public service associations and societies.
4.4 To undertake organized activities of various types for promotion of closer links between members of the Association and members of other professional accountancy bodies.
4.5 To afford recognized means of communication with Government authorities and the general public.
4.6 To undertake all such activities incidental, conducive or expedient to the attainment of all or any of the above objectives.
5. PATRON
5.1 The Accountant General Malaysia shall be the Patron of the Association.
6. ELIGIBILITY FOR MEMBERSHIP
6.1 Ordinary membership
6.1.1 All officers belonging to the Government Corps of Accountants
6.1.2 Accountants serving in Government Departments.
6.1.3 Accountants serving in Statutory Bodies and Local Authorities.
6.2 Associate membership
A person not eligible for ordinary membership may on application to the Council and upon its approval be made an Associate Member;-
6.2.1 Provided he is an accountant who has resigned or retired from Public Sector service
6.2.2 Provided he is an accountant in the employment of a company in which Government, Statutory Bodies or Local Authorities have a controlling interest.
6.3 Life membership
6.3.1 A life membership may be conferred upon an Ordinary or an Associate member
Distinguished by eminence in his service whom the Council deems fit to be conferred such membership and upon a one-time payment of $100.00
6.4 Honorary membership
6.4.1 An Honorary Member shall be a person who is not an Ordinary member, and Associate member or a life member.
6.4.2 An Honorary membership may be conferred upon a person distinguished by eminence in his service in the field of accountancy and such other person whom the Council deems fit to be conferred an Honorary membership.
7. PRIVILEGAS OF MEMBERSHIP
7.1 An Ordinary member has:
7.1.1 The right to hold office the Association.
7.1.2 The right to vote in the General Meeting.
7.1.3 The right to participate in all or any of the activities organized by the Association.
7.1.4 The right to inspect all records of the Association provided one week’s written notice of such intention has been given to the Honorary Secretary.
7.2 Associate, and Honorary members shall have all the privileges and benefits of Ordinary members except the right to vote at General Meetings or to hold office in the Association.
8. CONDUCT OF MEMBERS
8.1 Members shall abide by the Constitution and not act in any way inconsistent with the objectives of the Association or detrimental to its good name.
9. APPLICATION FOR MEMBERSHIP
9.1 Every application for membership shall be proposed and seconded by existing members and shall be forwarded to the Honorary Secretary who shall, at the first convenient opportunity, submit it to the Council for approval. The Council may at its discretion reject any application without assigning any reason therefore.
9.2 Every applicant whose application has been approved as aforesaid shall, upon payment of the prescribed entrance fee and the first annual subscription be admitted as a member of the Association and shall be entitled to all the privileges of membership.
10. FEES, SUBCRIPTION AND OTHER DUES
10.1 The entrance fee and annual subscription payable shall be as follows;
Entrance fee: $25.00
Annual Subscription:
Ordinary $25.00
Associate $25.00
10.2 The second and subsequent Annual subscription shall fall due on the first day of January each year.
10.3 Any member who fails to pay all dues payable within 3 months of the due date shall receive a written notification to that effect signed by or on behalf of the Honorary Secretary; any shall be deprived of the privileges of membership until he settles all dues to the Association.
10.4 The entrance fee and annual subscription may be changed from time by the members at the General Meeting.
11. CESSATION OF MEMBERSHIP
11.1 Membership shall crease upon.
11.1.1 Death;
11.1.2 Failure to fulfil the prerequisite for membership;
11.1.3 Insanity;
11.1.4 Resignation with the approval of the Council;
11.1.5 Expulsion by the Council.
12. RESIGNATION
12.1 Any member who resign from the Association shall give two weeks notice in writing to the Honorary Secretary and shall pay up all dues owing to the Association.
13. GENERAL MEETINGS
13.1 The management of the Association is vested in the General Meeting of the
members. At least one half (1/2) of the total ordinary membership of the
Association or Ordinary Members equivalent to twice the total number of Council
Members (whichever is less) must be present at a General Meeting for its
proceedings to be valid and to constitute a quorum.
13.2 If half an hour after the time appointed for the Annual General Meeting a quorum is
still not present, the general Meeting shall be postponed to a date (not exceeding
30 days) to be decided by the Council; and if the quorum is not present half an
hour after the appointed time for the postponed General Meeting, the members
present shall have the power to proceed with the business of the day but they shall
not have the power to after the Constitution of the Association or to make
decisions affecting the whole membership.
13.3 An Annual General Meeting of the Association shall be held, as soon as possible,
after the closing of each financial year on a date not exceeding 15 months after the
last Annual General Meeting. The business of the Annual General Meeting shall
be;-
13.3.1 To receive the Councils report on the working of the Association during the previous year;
13.3.2 To receive the Honorary Treasurers report and the audited accounts of the Association for the previous year.
13.3.3 To elect a new Council;
13.3.4 To appoint an Auditor for the ensuring year;
13.3.5 To deal with such other matters as may be put before it.
13.4 A preliminary notice of the Annual General Meeting stating the date, time and
place and calling for motions for discussion, motions for amendment of the
Constitution, and nominations for the election of the Council, shall be sent by the
Honorary Secretary to all members not later than 28 days before the date fixed for
the Annual General Meeting. This notice shall at the same time be prominently
displayed at the registered office of the Association until the conclusion of the
Annual General Meeting.
13.5 Nominations for the election of officers and motions for discussion at the Annual
General meeting must be sent to the Association, to reach the Honorary Secretary
not later than 14 days before the date of the proposed Annual General Meeting.
13.6 The Honorary Secretary shall send to all members 7 days before the Annual
General meeting an agenda including copies of the minutes and reports, motions
and nominations for the election of the Council, together with the audited accounts
of the Association for the previous year. Copies of these documents shall also be
made available at the registered office of the Association for the perusal of members.
13.7 An Extraordinary General Meeting of the Association shall be convened;-
13.7.1 Whenever the council deems it desirable; or
13.7.2 At the join requisition of not less than 25 Ordinary members, stating the purposes and reasons for such a meeting.
13.8 An Extraordinary General Meeting requisitioned by members shall be convened
within 30 days of the receipt of such a requisition.
13.9 Notice and agenda for an Extraordinary General Meeting shall be forwarded by the
Honorary Secretary to all members at least 15 days before the date fixed the
meeting.
13.10 Paragraphs 13.1 and 13.2 of this article regarding the quorum and the
postponement of an Annual General Meeting 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 a postponed Extraordinary General Meeting shall be
requisitioned for the same purpose until after the lapse of at least 6 months from
the date thereof.
13.11 The honorary Secretary shall forward to all members a copy of the minutes of
each Annual and Extraordinary General Meeting as soon as possible after its
conclusion.
14. VOTING PROCEDURE
14.1 Election of Council members shall be by secret ballot as set out in Appendix 1.
14.2 Decision relating to the following matters shall be taken by majority vote of all eligible members present and by proxy;
14.2.1 Imposition of a levy;
14.2.2 Alteration of the Associations Constitution where such alteration results in increasing the liability of the members by way of fees, subscription and other dues or in decreasing the benefits to which members are entitled;
14.2.3 Any other matters that are required to be put to vote.
15. COUNCIL
15.1 The Council of the Association shall consist of thirteen members of which eleven members shall be elected at the Annual General Meeting. The following office bearers of the council shall be decided by the elected Council Members.
15.1.1 A President
15.1.2 A vice – President
15.1.3 An Honorary Secretary
15.1.4 An Honorary Treasurer
15.1.5 Seven Ordinary Council members
15.1 (a) The elected Council members shall appoint two ordinary members as Ordinary
Council Members.
15.1 (b) A minimum of three Council Members as decided at a Council Meeting shall retire
at every Annual General Meeting but may be nominated for re-election
15.2 Names for the above offices shall be proposed and seconded by Ordinary members and election shall be determined by simple majority vote of the Ordinary members at the Annual General meeting. All the office-bearers shall be eligible for re- election each year. All members of the Council and every officer performing executive functions in the Association shall be Malaysians Citizens.
15.3 The function of the Council is to organize and supervise the day-today activities of the Association and to make decisions on matters affecting its running within the general policy laid down by the general Meeting. The Council may not act contrary to the expressed wishes of the General Meeting without prior reference to it and shall always remain subordinate to the General Meeting. It shall furnish a report to each Annual General Meeting on its activities of the previous year.
15.4 The Council shall meet at least once every 3 months, and 14 days notice of each meeting shall be given to its members. The President acting alone, or not less than 3 Council members acting together, may call for a meeting of the Council to be held at any time. At least one half of the Council members must be present for its proceedings to be valid and to constitute a quorum.
15.5 Where any urgent matter requiring the approval of the Council arises and it is not possible to convene a meeting, the Honorary Secretary may obtain such approval by means of circular letter. The following conditions must be fulfilled before a decision of the Council is deemed to have been obtained;-
15.5.1 The issue must be clearly set out in the circular and forwarded to all members of the Council;
15.5.2 At least one half of the members of the Council must indicate whether they are in favour or against the proposal; and
15.5.3 The decision must be by a majority vote.
Any decision obtained by circular letter shall be reported by the Honorary Secretary to the next Council meeting and recorded in the minutes thereof.
15.6 Any member of the Council who fails to attend three consecutive meetings of the Council without satisfactory explanation shall be deemed to have resigned from the council.
15.7 In the event of the death or resignation of a member of the Council the candidate who received the next highest number of votes at the previous election for the post affected shall be invited to fill the vacancy. If there is no such candidate of if such candidate declines to accept office. The Council shall have the power to co- opt any other member of the Association to fill the vacancy until the next Annual
General Meeting.
15.8 The Council shall give instructions to the Honorary Secretary and other Officers for the conduct of the affairs of the Association. It may appoint such organizers and such staff as it deems necessary. It may suspend or dismiss any organizer or member of the staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Council, or for any other reason which it deems good and sufficient in the interest of the Association.
15.9 Between Annual General Meetings the Council shall interpret the Constitution of the Association and when necessary, determine any point on which the Constitution is silent.
15.10 Except where they are contrary to or inconsistent with the policy previously laid down by the General Meeting, the decisions of the Council shall be binding on all members of the Association unless and until countermanded by a General Meeting.
15.11 The Council on recommendation of Disciplinary Committee may expel any member, who in its opinion, has acted contrary to the Constitution of the Association.
15.12 The Council may appoint an Ordinary Council member as an Assistant Honorary Secretary and/or Assistant Honorary Treasurer. The duties of an Assistant Honorary Secretary and Assistant Honorary Treasurer shall be determined by the Council.
15.13 The Council may appoint sub-committees as it deems necessary.
16. APPEAL
16.1 A member shall have the right of appeal to the General Meeting on the following grounds;-
16.1.1 Suspension of membership;
16.1.2 Expulsion of membership by the council
16.2 The Council shall, as soon as possible after the receipt of an appeal under Article 16.1, convene a General Meeting to consider the appeal. The decision of the General Meeting shall be final.
17. TRUSTEES
17.1 The President the Honorary Secretary and the Honorary Treasurer who must be over 21 years of age, shall act as trustees and shall hold office during the pleasure of the Association. They shall have vested in them all the immovable property whatsoever belonging to the Association and shall deal with it in such manner as the General Meeting may direct.
17.2 A Trustee may be removed from office by a General Meeting on the ground that, owing to ill health, unsoundness of mind, absence from the country or for any other reason, he is unable to perform his duties or unable to do so satisfactorily. In the event of the death, resignation or removal of a Trustee the vacancy shall be filled by a new Trustee appointed by a General Meeting as soon as possible.
18. DUTIES OF OFFICE-BEARERS
18.1 The President shall during his term of office preside at all General Meeting and all meetings of the Council and shall be responsible for the proper conduct of all such meetings. He shall have the casting vote and shall sign the minutes of each meeting at the time they are approved.
18.2 The Vice President shall deputise for the President in his absence.
18.3 The Honorary Secretary shall conduct the business of the Association in accordance with its Constitution, and shall carry out the instructions of the General Meeting and of the Council. He shall be responsible for conducting all correspondence and keeping all books, documents and papers except the accounts and financial records. He shall attend all meetings and record the proceedings. He shall also keep an up- to- date membership register containing full particulars of members.
18.4 The Honorary Treasurer shall be responsible for the finances of the Association. He shall keep accounts of all its financial transactions and shall be responsible for their correctness.
18.5 The duties of the Ordinary Council members are to be decided by the Council.
19. FINANCIAL PROVISIONS
19.1 All dues to the Association by way of fees, subscription, donation, subsidies, incomes or other receipts arising from the Associations activities shall be credited into the fund of the Association.
19.2 Subject to the following provisions in this Article, the funds of the Association may be expended for any purpose necessary for the carrying out of its objectives, including the expenses of its administration, the payment of salaries, allowances, honorarium, and expenses to its office-bearers and paid staff, and the audit of its accounts. The funds shall on no account be used to pay the fine of any member who may be convicted in a court of law.
19.3 At any one time, the Honorary Treasurer may hold a petty cash advance of an amount to be determined by the Council. All other monies shall be deposited in a bank approved by the Council. The bank account shall be in the name of the Association.
19.4 All cheques or withdrawal notices on the Associations account shall be signed jointly by the President (or in his absence, by Vice President) and the Honorary Secretary ot the Honorary Treasurer. In the absence of the Honorary Secretary or the Honorary Treasurer the Council may appoint one of its members to sign in his place.
19.5 Within three months of the end of each financial year, a statement of income and expenditure and a balance sheet for the year shall be prepared and audited by the auditor appointed under Article 20. The audited account shall be submitted for the approval of the Annual General Meeting, and copies shall be made available at the registered office of the Association for the perusal of members.
19.6 The funds of the Association which are not required for current expenses shall on the direction of the Council be invested by the Trustees in Government Securities and/or Fixed Deposits.
20. AUDIT
20.1 The Annual General Meeting shall appoint as auditor two ordinary members who shall not be Council Members of the Association. The Auditors thus appointed shall hold his appointment until he resigns or until the conclusion of the next Annual General Meeting.
20.2 The Auditor shall be required to audit the accounts of the Association for the year, and to prepare a report or certificate for the Annual General Meeting. He may also be required by the Council, at any time within his tenure of office, to audit the accounts of the association for any period and to make a report to the Council.
21. PROHIBITIONS
21.1 The premises of the Association shall not be used for any illegal, immoral and other purposes which are detrimental to the good name of the Association.
21.2 Gambling in any form is strictly prohibited in the premises of the Association.
21.3 Neither the Association nor its members shall attempt to engage in any Trade Union activities as defined in the Trade Union Ordinance, 1959.
21.4 The Association shall not hold any lottery whether confined to its members or not, in the name of the Association or its office-bearers, Council or member.
21.5 The Association shall not have any affiliation or connection outside Malaysia.
22. AMENDMENTS OF CONSTITUTION
22.1 The Constitution shall not be altered or amended except by resolution of a General Meeting. Such alterations or amendments shall take effect from the date of their approval by the Registrar of Societies.
23. DISSOLUTION
23.1 The Association may be voluntarily dissolved by a of not less than three-fifths of the total ordinary membership.
23.2 In the event of the Association being dissolved as provided above, all debts and liabilities legally incurred on its behalf shall be fully discharged, and the remaining funds shall be disposed of in such manner as may be decided upon by a General Meeting.
23.3 Notice of dissolution shall be given to the Registrar of Societies within 14 days of the date of dissolution.
Appendix 1
1. The Council shall cause the required number of ballot papers to be prepared in the form similar to Specimen A required for the issue to be voted on.
2. The Council shall decide the period within which the ballot shall be taken so as to give all the members concerned, so far as possible, a reasonable opportunity of voting.
3. The Honorary Secretary shall forward to each member who is entitled to vote a ballot paper signed by the Honorary Secretary, together with an envelope addressed to the Scrutineers, on which shall be written “ballot Paper” and the members Association memberships number, in such time as to enable the member to return the Ballot paper in time for the purpose of voting.
4. The taking of the ballot shall be in the charge of at least three of the five Scrutineers appointed by the Council, who shall not be officers or candidates nominated for the posts on the council of the Association. The Scrutineers shall be supplied by the Honorary Secretary at the commencement of the voting with a list of the members who have been issued with ballot papers. They shall ensure by checking with the membership and subscription registers of the Association that all members who vote are entitled to vote and that each member votes once only, and shall ensure that members are able to vote in secret. The Scrutineers shall also ensure that the nomination is properly conducted.
5. Every member who has been issued with a ballot paper by post shall cast his vote, by making a cross or crosses as the case may be, enclose it in the envelope provided, shall return it to the Scrutineers properly sealed so as to reach them before the time fixed for the conclusion of the voting. No other markings on the ballot paper will be permitted.
6. The Scrutineers shall place such envelopes unopened, as and when received, in a sealed or locked box and so retain them until the day fixed for balloting.
7. On the appointed day, the Scrutneers shall first check the members Association membership numbers on the unopened envelopes with the membership and subscription register so as to ensure that all the members who have voted are entitled to vote and that each member has voted once only. As each envelope is checked, the membership number shall be deleted or erased in such a manner that it cannot be read again and the envelopes dropped unopened into a locked box. When all the envelopes have been checked the Scrutineers shall take them out of the box, slit open the envelopes, take out the folded ballot papers and forthwith drop then into the ballot box.
8. The Scrutineers, after declaring the voting closed, shall open the ballot box and count the votes. If in the opinion of any Scrutineer a ballot paper is considered to be invalid, such ballot paper shall be market “spoilt” and rejected.
9. After the completion of the counting, the Scrutineers shall prepare a statement of the results of the ballot and after signing, summit them to the Honorary Secretary.
10. Two copies of the statement of the results of the ballot shall be countersigned by the President and the Honorary Secretary of the Association. One copy shall forthwith be sent to the Registrar of Societies and one copy shall be retained by the Honorary Secretary for at least three months and handed to any member for his perusal on request.
11. The Council shall then take steps to inform the members of the results of the ballot in whatever manner it deems expedient.
12. The ballot papers which have been counted and those which have been rejected shall, immediately after the result has been certified as aforesaid, be kept by the Honorary Secretary in safe custody in a sealed packet for six months.
How to Cast your Votes
1. You are entitled to cast________votes for the election of Council Members.
2. You cast each vote SECRETLY by placing a cross, thus “x” in the space provided against the name of the candidate for whom you wish to vote.
3. Please note that NO MARK OTHER THAN “X” must appear on the ballot paper and that you must not cast more votes than the number specified, otherwise your ballot paper will be rejected as spoilt and your votes will not be taken into account.
4. After recording your votes, forward the ballot paper, folded at least in half and properly enclosed in the envelope provided to reach the Scrutineers at the Registered Address of the Association not later than……………….19……..
Date:……………………………………
………………………………………….
Signature of the Honorary Secretary
Name: ( )
Post held :
ALAMAT
HURAIAN
Sebarang biasiswa hadiah pelajaran atau mana-mana hadiah atau bantuan –bantuan yang berbentuk kewangan atau bahan.
“Pentadbir” bermakna Pentadbir Tabung ini yang dipilih menurut pasal 9 dari undang-undang kecil ini.
“Majlis PERASAMA” bermakna majlis yang dilantik oleh Mesyuarat Agung Tahunan di bawah pasal 15, Perlembagaan PERASAMA.
MATLAMAT
TARIKH BERKUATKUASA
5. Tabung ini berkuatkuasa mulai dari tarikh 1hb. Oktober, 1985.
TABUNG
6. Tabung ini terdiri daripada wang tunai, stok dan saham, harta boleh alih dan tak boleh alih, karya-karya, dokumen-dokumen dan manakah yang bernilai yang diperolehi oleh Tabung dari sumbangan, keuntungan, jualan, pameran dan lain-lain cara yang sah dari orang ramai, Yayasan-yayasan, firma-firma, koperasi, persatuan, badan-badan berkanun dan kerajaan.
7. Semua wang yang dimiliki oleh Tabung ini yang tidak diperlukan untuk penggunaan pada satu-satu masa selain dari jumlah yang diperlukan untuk wang panjar (tertakluk kepada hak pelaburan seperti yang dijelaskan dalam fasal 19) hendaklah disimpan di atas nama Tabung di dalam mana-mana bank yang berurusan di Malaysia.
PENTADBIR
8. Tabung ini hendaklah ditadbir oleh satu Jawatankuasa Tadbir (selepas ini dipanggil Pentadbir)
9. Pentadbir hendaklah terdiri dari tujuh orang ahli yang dilantik oleh Majlis PERASAMA iaitu Pengerusi, Timbalan Pengerusi dan 5 orang ahli. Majlis PERASAMA adalah berhak menggantikan ahli-ahli pentadbir TABUNG ini dari semasa ke semasa.
10. Pentadbir hendaklah mengadakan sekurangnya dua kali mesyuarat dalam setahun
Pengerusi atau dua orang ahli pentadbir boleh memanggil mesyuarat dari masa ke semasa.
11. Semua cek bayaran hendaklah ditandatangani oleh Pengerusi atau Timbalan Pengerusi Pentadbir dan seorang daripada mana-mana 3 orang ahli Pentadbir yang dipersetujui oleh
Majlis PERASAMA.
12. Semua mesyuarat hendaklah dipengerusikan oleh Pengerusi dan jika beliau tidak dapat hadir oleh Timbalan Pengerusi. Ahli-ahli pentadbir bolehlah melantik mana-mana seorang
daripada ahli yang hadir untuk mempengerusi mesyuarat sekiranya kedua-dua mereka tidak dapat hadir .
13. Korum untuk satu-satu mesyuarat adalah empat orang ahli Pentadbir.
14. Pentadbir adalah bertanggungjawab ke atas semua pentadbiran dan kira-kira kewangan
dan boleh melantik sesiapa yang difikirkan sesuai untuk membantu pentadbir dalam urusan
ini.
15. Pentadbir boleh menyimpan wang panjar tidak lebih dari satu ribu ringgit pada satu-satu
masa.
16. Juruaudit awam yang bertauliah hendaklah mengaudit akaun- akaun Tabung ini tiap-tiap
tahun.
17. Akaun-akaun Tabung yang telah diaudit, penyata pendapatan dan perbelanjaan, kunci
kira-kira untuk tahun berkenaan bersama-sama dengan Laporan Juruaudit hendaklah
diedar kepada Majlis PERASAMA untuk disahkan di dalam Mesyuarat Majlis.Akaun-akaun
yang diaudit ini hendaklah dikemukakan setiap tahun kepada Ketua Pengarah Lembaga
Hasil Dalam Negeri, Malaysia (di Ibu Pejabatnya).
18. Pentadbir hendaklah membayar dari wang Tabung semua kos dan perbelanjaan kerana
mentadbir Tabung ini (termasuk elaun yang munasabah kepada ahli-ahli Pentadbir).
19. Pentadbir mempunyai kuasa untuk melabur mana-mana bahagian wang dari Tabung
dalam harta-harta tak alih, sekuriti dan saham.
20. Jika pada satu-satu masa pelaburan-pelaburan Tabung adalah termasuk satu-satu
bangunan atau bangunan-bangunan perntadbir mempunyai kuasa yang mutlak
mengikut budi bicaranya untuk menyewakan bangunan - bangunan itu dan untuk
mengambil apa-apa langkah yang sesuai untuk mendapatkan sewaan dan tunggakan
sewaan.Semua sewaan yang diterima tertakluk kepada potongan kos, cukai, cukai pintu,
cukai tanah, insuran penyelenggaraan pembaikan bangunan-bangunan dimana baki sewa
yang diperolehi adalah merupakan sember pendapatan kepada Tabung ini.
PEMBERIAN BIASISWA DAN HADIAH PELAJARAN
21. Pentadbir dengan persetujuan Majlis PERASAMA hendaklah:-
a) Mengadakan kaedah-kaedah atau peraturan-peraturan berkenaan pemberian biasiswa dan hadiah pelajaran terutamanya dalam menetapkan syarat-syarat dan surat perjanjian yang sesuai dan juga menentukan borang-borang yang diperlukan.
b) Memeriksa dan menyiasat kelulusan dan lain-lain latar belakang pemohon-pemohon terutamanya kedudukan kewangan mereka dan juga menentukan bilangan biasiswa atau hadiah pelajaran yang hendak dikeluarkan dan jumlah yang diperlukan.
c) Meluluskan permohonan bagi biasiswa dan hadiah pelajaran dan pengeluaran wang berkaitan.
22. Pentadbir dengan persetujuan Majlis PERASAMA berhak menarik balik atau menghentikan
pemberian hadiah pelajaran dan biasiswa atau satu-satu sebab yang difikirkan oleh
pentadbir menyebabkan seseorang pelajar itu tidak lagi layak untuk mendapat hadiah
pelajaran atau biasiswa itu
PINDAAN
23. Sebarang pindaan kepada undang-undang kecil ini hendaklah diluluskan oleh Majlis
PERASAMA dan berkuatkuasa selepas diluluskan oleh Ketua Pengarah Lembaga Hasil
Dalam Negeri, Malaysia.
PEMBUBARAN
24. Tabung ini dibubarkan oleh Mesyuarat Majlis PERASAMA.
25. Selepas dibubarkan, lebihan Tabung jika ada, hendaklah didermakan kepada Kerajaan
(Persekutuan atau Negeri) atau mana-mana badan atau pertubuhan yang mempunyai
matlamat-matlamat yang sama dengan Tabung ini dan yang diluluskan untuk tujuan-
tujuan Cukai Pendapatan oleh Ketua Pengarah Lembaga Hasil Dalam Negeri, Malaysia
26. Notis pembubaran hendaklah dihantar sebulan terlebih dahulu kepada Ketua Pengarah
Lembaga Hasil Dalam Negeri dan notis ini hendaklah ditandatangani oleh Yang Dipertua
dan seorang ahli Majlis PERASAMA
1.1 The Association shall be known as the Persatuan Akauntan Sektor Awam Malaysia (PERASAMA)
The Association of Public Sector Accountants, Malaysia)
2. INTERPRETATION
2.1 In this Association, if there is anything repugnant in the subject or content:-
Words importing the singular or plural number respectively include the plural and singular number, and words importing the masculine gender include the feminine gender.
“Accountant” – means an officer in the Government Corps of Accountants or a person
having recognized accounting qualification and experience equivalent to the minimum requirements for admission into the Government Corps of Accountants.
“Association” – means the Persatuan Akauntan Sektor Awam Malaysia (PERASAMA).
“Council” – means council elected by Annual Genaral Meeting under Article 15.
“Financial Year” – means the year ending 31st December.
“Government” – means Federal and State Governments of Malaysia.
“Public Service” – Means Public Service defined in Article 132 of the Federal Constitution.
3. PLACE OF MEETING AND REGISTERED ADDRESS
3.1 The place of meeting of the Association shall be at the Accountant Generals Department, Blok 8, Kompleks Pejabat-Pejabat Kerajaan, Jalan Duta, Kuala Lumpur or at such other place or places as may from time to time be decided upon by the Council, and its registered office shall be as above.
3.2 The registered office and place of meeting of the Association shall not be changed without the prior approval of the Registrar of Societies.
4. OBJECTIVES
4.1 To foster the interests of members in the field of accountancy and its related disciplines.
4.2 To promote and safeguard as far as possible the interests of all the members of the Association.
4.3 To promote and foster closer relationship with members of other public service associations and societies.
4.4 To undertake organized activities of various types for promotion of closer links between members of the Association and members of other professional accountancy bodies.
4.5 To afford recognized means of communication with Government authorities and the general public.
4.6 To undertake all such activities incidental, conducive or expedient to the attainment of all or any of the above objectives.
5. PATRON
5.1 The Accountant General Malaysia shall be the Patron of the Association.
6. ELIGIBILITY FOR MEMBERSHIP
6.1 Ordinary membership
6.1.1 All officers belonging to the Government Corps of Accountants
6.1.2 Accountants serving in Government Departments.
6.1.3 Accountants serving in Statutory Bodies and Local Authorities.
6.2 Associate membership
A person not eligible for ordinary membership may on application to the Council and upon its approval be made an Associate Member;-
6.2.1 Provided he is an accountant who has resigned or retired from Public Sector service
6.2.2 Provided he is an accountant in the employment of a company in which Government, Statutory Bodies or Local Authorities have a controlling interest.
6.3 Life membership
6.3.1 A life membership may be conferred upon an Ordinary or an Associate member
Distinguished by eminence in his service whom the Council deems fit to be conferred such membership and upon a one-time payment of $100.00
6.4 Honorary membership
6.4.1 An Honorary Member shall be a person who is not an Ordinary member, and Associate member or a life member.
6.4.2 An Honorary membership may be conferred upon a person distinguished by eminence in his service in the field of accountancy and such other person whom the Council deems fit to be conferred an Honorary membership.
7. PRIVILEGAS OF MEMBERSHIP
7.1 An Ordinary member has:
7.1.1 The right to hold office the Association.
7.1.2 The right to vote in the General Meeting.
7.1.3 The right to participate in all or any of the activities organized by the Association.
7.1.4 The right to inspect all records of the Association provided one week’s written notice of such intention has been given to the Honorary Secretary.
7.2 Associate, and Honorary members shall have all the privileges and benefits of Ordinary members except the right to vote at General Meetings or to hold office in the Association.
8. CONDUCT OF MEMBERS
8.1 Members shall abide by the Constitution and not act in any way inconsistent with the objectives of the Association or detrimental to its good name.
9. APPLICATION FOR MEMBERSHIP
9.1 Every application for membership shall be proposed and seconded by existing members and shall be forwarded to the Honorary Secretary who shall, at the first convenient opportunity, submit it to the Council for approval. The Council may at its discretion reject any application without assigning any reason therefore.
9.2 Every applicant whose application has been approved as aforesaid shall, upon payment of the prescribed entrance fee and the first annual subscription be admitted as a member of the Association and shall be entitled to all the privileges of membership.
10. FEES, SUBCRIPTION AND OTHER DUES
10.1 The entrance fee and annual subscription payable shall be as follows;
Entrance fee: $25.00
Annual Subscription:
Ordinary $25.00
Associate $25.00
10.2 The second and subsequent Annual subscription shall fall due on the first day of January each year.
10.3 Any member who fails to pay all dues payable within 3 months of the due date shall receive a written notification to that effect signed by or on behalf of the Honorary Secretary; any shall be deprived of the privileges of membership until he settles all dues to the Association.
10.4 The entrance fee and annual subscription may be changed from time by the members at the General Meeting.
11. CESSATION OF MEMBERSHIP
11.1 Membership shall crease upon.
11.1.1 Death;
11.1.2 Failure to fulfil the prerequisite for membership;
11.1.3 Insanity;
11.1.4 Resignation with the approval of the Council;
11.1.5 Expulsion by the Council.
12. RESIGNATION
12.1 Any member who resign from the Association shall give two weeks notice in writing to the Honorary Secretary and shall pay up all dues owing to the Association.
13. GENERAL MEETINGS
13.1 The management of the Association is vested in the General Meeting of the
members. At least one half (1/2) of the total ordinary membership of the
Association or Ordinary Members equivalent to twice the total number of Council
Members (whichever is less) must be present at a General Meeting for its
proceedings to be valid and to constitute a quorum.
13.2 If half an hour after the time appointed for the Annual General Meeting a quorum is
still not present, the general Meeting shall be postponed to a date (not exceeding
30 days) to be decided by the Council; and if the quorum is not present half an
hour after the appointed time for the postponed General Meeting, the members
present shall have the power to proceed with the business of the day but they shall
not have the power to after the Constitution of the Association or to make
decisions affecting the whole membership.
13.3 An Annual General Meeting of the Association shall be held, as soon as possible,
after the closing of each financial year on a date not exceeding 15 months after the
last Annual General Meeting. The business of the Annual General Meeting shall
be;-
13.3.1 To receive the Councils report on the working of the Association during the previous year;
13.3.2 To receive the Honorary Treasurers report and the audited accounts of the Association for the previous year.
13.3.3 To elect a new Council;
13.3.4 To appoint an Auditor for the ensuring year;
13.3.5 To deal with such other matters as may be put before it.
13.4 A preliminary notice of the Annual General Meeting stating the date, time and
place and calling for motions for discussion, motions for amendment of the
Constitution, and nominations for the election of the Council, shall be sent by the
Honorary Secretary to all members not later than 28 days before the date fixed for
the Annual General Meeting. This notice shall at the same time be prominently
displayed at the registered office of the Association until the conclusion of the
Annual General Meeting.
13.5 Nominations for the election of officers and motions for discussion at the Annual
General meeting must be sent to the Association, to reach the Honorary Secretary
not later than 14 days before the date of the proposed Annual General Meeting.
13.6 The Honorary Secretary shall send to all members 7 days before the Annual
General meeting an agenda including copies of the minutes and reports, motions
and nominations for the election of the Council, together with the audited accounts
of the Association for the previous year. Copies of these documents shall also be
made available at the registered office of the Association for the perusal of members.
13.7 An Extraordinary General Meeting of the Association shall be convened;-
13.7.1 Whenever the council deems it desirable; or
13.7.2 At the join requisition of not less than 25 Ordinary members, stating the purposes and reasons for such a meeting.
13.8 An Extraordinary General Meeting requisitioned by members shall be convened
within 30 days of the receipt of such a requisition.
13.9 Notice and agenda for an Extraordinary General Meeting shall be forwarded by the
Honorary Secretary to all members at least 15 days before the date fixed the
meeting.
13.10 Paragraphs 13.1 and 13.2 of this article regarding the quorum and the
postponement of an Annual General Meeting 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 a postponed Extraordinary General Meeting shall be
requisitioned for the same purpose until after the lapse of at least 6 months from
the date thereof.
13.11 The honorary Secretary shall forward to all members a copy of the minutes of
each Annual and Extraordinary General Meeting as soon as possible after its
conclusion.
14. VOTING PROCEDURE
14.1 Election of Council members shall be by secret ballot as set out in Appendix 1.
14.2 Decision relating to the following matters shall be taken by majority vote of all eligible members present and by proxy;
14.2.1 Imposition of a levy;
14.2.2 Alteration of the Associations Constitution where such alteration results in increasing the liability of the members by way of fees, subscription and other dues or in decreasing the benefits to which members are entitled;
14.2.3 Any other matters that are required to be put to vote.
15. COUNCIL
15.1 The Council of the Association shall consist of thirteen members of which eleven members shall be elected at the Annual General Meeting. The following office bearers of the council shall be decided by the elected Council Members.
15.1.1 A President
15.1.2 A vice – President
15.1.3 An Honorary Secretary
15.1.4 An Honorary Treasurer
15.1.5 Seven Ordinary Council members
15.1 (a) The elected Council members shall appoint two ordinary members as Ordinary
Council Members.
15.1 (b) A minimum of three Council Members as decided at a Council Meeting shall retire
at every Annual General Meeting but may be nominated for re-election
15.2 Names for the above offices shall be proposed and seconded by Ordinary members and election shall be determined by simple majority vote of the Ordinary members at the Annual General meeting. All the office-bearers shall be eligible for re- election each year. All members of the Council and every officer performing executive functions in the Association shall be Malaysians Citizens.
15.3 The function of the Council is to organize and supervise the day-today activities of the Association and to make decisions on matters affecting its running within the general policy laid down by the general Meeting. The Council may not act contrary to the expressed wishes of the General Meeting without prior reference to it and shall always remain subordinate to the General Meeting. It shall furnish a report to each Annual General Meeting on its activities of the previous year.
15.4 The Council shall meet at least once every 3 months, and 14 days notice of each meeting shall be given to its members. The President acting alone, or not less than 3 Council members acting together, may call for a meeting of the Council to be held at any time. At least one half of the Council members must be present for its proceedings to be valid and to constitute a quorum.
15.5 Where any urgent matter requiring the approval of the Council arises and it is not possible to convene a meeting, the Honorary Secretary may obtain such approval by means of circular letter. The following conditions must be fulfilled before a decision of the Council is deemed to have been obtained;-
15.5.1 The issue must be clearly set out in the circular and forwarded to all members of the Council;
15.5.2 At least one half of the members of the Council must indicate whether they are in favour or against the proposal; and
15.5.3 The decision must be by a majority vote.
Any decision obtained by circular letter shall be reported by the Honorary Secretary to the next Council meeting and recorded in the minutes thereof.
15.6 Any member of the Council who fails to attend three consecutive meetings of the Council without satisfactory explanation shall be deemed to have resigned from the council.
15.7 In the event of the death or resignation of a member of the Council the candidate who received the next highest number of votes at the previous election for the post affected shall be invited to fill the vacancy. If there is no such candidate of if such candidate declines to accept office. The Council shall have the power to co- opt any other member of the Association to fill the vacancy until the next Annual
General Meeting.
15.8 The Council shall give instructions to the Honorary Secretary and other Officers for the conduct of the affairs of the Association. It may appoint such organizers and such staff as it deems necessary. It may suspend or dismiss any organizer or member of the staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Council, or for any other reason which it deems good and sufficient in the interest of the Association.
15.9 Between Annual General Meetings the Council shall interpret the Constitution of the Association and when necessary, determine any point on which the Constitution is silent.
15.10 Except where they are contrary to or inconsistent with the policy previously laid down by the General Meeting, the decisions of the Council shall be binding on all members of the Association unless and until countermanded by a General Meeting.
15.11 The Council on recommendation of Disciplinary Committee may expel any member, who in its opinion, has acted contrary to the Constitution of the Association.
15.12 The Council may appoint an Ordinary Council member as an Assistant Honorary Secretary and/or Assistant Honorary Treasurer. The duties of an Assistant Honorary Secretary and Assistant Honorary Treasurer shall be determined by the Council.
15.13 The Council may appoint sub-committees as it deems necessary.
16. APPEAL
16.1 A member shall have the right of appeal to the General Meeting on the following grounds;-
16.1.1 Suspension of membership;
16.1.2 Expulsion of membership by the council
16.2 The Council shall, as soon as possible after the receipt of an appeal under Article 16.1, convene a General Meeting to consider the appeal. The decision of the General Meeting shall be final.
17. TRUSTEES
17.1 The President the Honorary Secretary and the Honorary Treasurer who must be over 21 years of age, shall act as trustees and shall hold office during the pleasure of the Association. They shall have vested in them all the immovable property whatsoever belonging to the Association and shall deal with it in such manner as the General Meeting may direct.
17.2 A Trustee may be removed from office by a General Meeting on the ground that, owing to ill health, unsoundness of mind, absence from the country or for any other reason, he is unable to perform his duties or unable to do so satisfactorily. In the event of the death, resignation or removal of a Trustee the vacancy shall be filled by a new Trustee appointed by a General Meeting as soon as possible.
18. DUTIES OF OFFICE-BEARERS
18.1 The President shall during his term of office preside at all General Meeting and all meetings of the Council and shall be responsible for the proper conduct of all such meetings. He shall have the casting vote and shall sign the minutes of each meeting at the time they are approved.
18.2 The Vice President shall deputise for the President in his absence.
18.3 The Honorary Secretary shall conduct the business of the Association in accordance with its Constitution, and shall carry out the instructions of the General Meeting and of the Council. He shall be responsible for conducting all correspondence and keeping all books, documents and papers except the accounts and financial records. He shall attend all meetings and record the proceedings. He shall also keep an up- to- date membership register containing full particulars of members.
18.4 The Honorary Treasurer shall be responsible for the finances of the Association. He shall keep accounts of all its financial transactions and shall be responsible for their correctness.
18.5 The duties of the Ordinary Council members are to be decided by the Council.
19. FINANCIAL PROVISIONS
19.1 All dues to the Association by way of fees, subscription, donation, subsidies, incomes or other receipts arising from the Associations activities shall be credited into the fund of the Association.
19.2 Subject to the following provisions in this Article, the funds of the Association may be expended for any purpose necessary for the carrying out of its objectives, including the expenses of its administration, the payment of salaries, allowances, honorarium, and expenses to its office-bearers and paid staff, and the audit of its accounts. The funds shall on no account be used to pay the fine of any member who may be convicted in a court of law.
19.3 At any one time, the Honorary Treasurer may hold a petty cash advance of an amount to be determined by the Council. All other monies shall be deposited in a bank approved by the Council. The bank account shall be in the name of the Association.
19.4 All cheques or withdrawal notices on the Associations account shall be signed jointly by the President (or in his absence, by Vice President) and the Honorary Secretary ot the Honorary Treasurer. In the absence of the Honorary Secretary or the Honorary Treasurer the Council may appoint one of its members to sign in his place.
19.5 Within three months of the end of each financial year, a statement of income and expenditure and a balance sheet for the year shall be prepared and audited by the auditor appointed under Article 20. The audited account shall be submitted for the approval of the Annual General Meeting, and copies shall be made available at the registered office of the Association for the perusal of members.
19.6 The funds of the Association which are not required for current expenses shall on the direction of the Council be invested by the Trustees in Government Securities and/or Fixed Deposits.
20. AUDIT
20.1 The Annual General Meeting shall appoint as auditor two ordinary members who shall not be Council Members of the Association. The Auditors thus appointed shall hold his appointment until he resigns or until the conclusion of the next Annual General Meeting.
20.2 The Auditor shall be required to audit the accounts of the Association for the year, and to prepare a report or certificate for the Annual General Meeting. He may also be required by the Council, at any time within his tenure of office, to audit the accounts of the association for any period and to make a report to the Council.
21. PROHIBITIONS
21.1 The premises of the Association shall not be used for any illegal, immoral and other purposes which are detrimental to the good name of the Association.
21.2 Gambling in any form is strictly prohibited in the premises of the Association.
21.3 Neither the Association nor its members shall attempt to engage in any Trade Union activities as defined in the Trade Union Ordinance, 1959.
21.4 The Association shall not hold any lottery whether confined to its members or not, in the name of the Association or its office-bearers, Council or member.
21.5 The Association shall not have any affiliation or connection outside Malaysia.
22. AMENDMENTS OF CONSTITUTION
22.1 The Constitution shall not be altered or amended except by resolution of a General Meeting. Such alterations or amendments shall take effect from the date of their approval by the Registrar of Societies.
23. DISSOLUTION
23.1 The Association may be voluntarily dissolved by a of not less than three-fifths of the total ordinary membership.
23.2 In the event of the Association being dissolved as provided above, all debts and liabilities legally incurred on its behalf shall be fully discharged, and the remaining funds shall be disposed of in such manner as may be decided upon by a General Meeting.
23.3 Notice of dissolution shall be given to the Registrar of Societies within 14 days of the date of dissolution.
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SECRET BALLOT PROCEDURE |
Appendix 1
1. The Council shall cause the required number of ballot papers to be prepared in the form similar to Specimen A required for the issue to be voted on.
2. The Council shall decide the period within which the ballot shall be taken so as to give all the members concerned, so far as possible, a reasonable opportunity of voting.
3. The Honorary Secretary shall forward to each member who is entitled to vote a ballot paper signed by the Honorary Secretary, together with an envelope addressed to the Scrutineers, on which shall be written “ballot Paper” and the members Association memberships number, in such time as to enable the member to return the Ballot paper in time for the purpose of voting.
4. The taking of the ballot shall be in the charge of at least three of the five Scrutineers appointed by the Council, who shall not be officers or candidates nominated for the posts on the council of the Association. The Scrutineers shall be supplied by the Honorary Secretary at the commencement of the voting with a list of the members who have been issued with ballot papers. They shall ensure by checking with the membership and subscription registers of the Association that all members who vote are entitled to vote and that each member votes once only, and shall ensure that members are able to vote in secret. The Scrutineers shall also ensure that the nomination is properly conducted.
5. Every member who has been issued with a ballot paper by post shall cast his vote, by making a cross or crosses as the case may be, enclose it in the envelope provided, shall return it to the Scrutineers properly sealed so as to reach them before the time fixed for the conclusion of the voting. No other markings on the ballot paper will be permitted.
6. The Scrutineers shall place such envelopes unopened, as and when received, in a sealed or locked box and so retain them until the day fixed for balloting.
7. On the appointed day, the Scrutneers shall first check the members Association membership numbers on the unopened envelopes with the membership and subscription register so as to ensure that all the members who have voted are entitled to vote and that each member has voted once only. As each envelope is checked, the membership number shall be deleted or erased in such a manner that it cannot be read again and the envelopes dropped unopened into a locked box. When all the envelopes have been checked the Scrutineers shall take them out of the box, slit open the envelopes, take out the folded ballot papers and forthwith drop then into the ballot box.
8. The Scrutineers, after declaring the voting closed, shall open the ballot box and count the votes. If in the opinion of any Scrutineer a ballot paper is considered to be invalid, such ballot paper shall be market “spoilt” and rejected.
9. After the completion of the counting, the Scrutineers shall prepare a statement of the results of the ballot and after signing, summit them to the Honorary Secretary.
10. Two copies of the statement of the results of the ballot shall be countersigned by the President and the Honorary Secretary of the Association. One copy shall forthwith be sent to the Registrar of Societies and one copy shall be retained by the Honorary Secretary for at least three months and handed to any member for his perusal on request.
11. The Council shall then take steps to inform the members of the results of the ballot in whatever manner it deems expedient.
12. The ballot papers which have been counted and those which have been rejected shall, immediately after the result has been certified as aforesaid, be kept by the Honorary Secretary in safe custody in a sealed packet for six months.
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BALLOT FORM FOR ELECTION OF THE COUNCIL |
How to Cast your Votes
1. You are entitled to cast________votes for the election of Council Members.
2. You cast each vote SECRETLY by placing a cross, thus “x” in the space provided against the name of the candidate for whom you wish to vote.
3. Please note that NO MARK OTHER THAN “X” must appear on the ballot paper and that you must not cast more votes than the number specified, otherwise your ballot paper will be rejected as spoilt and your votes will not be taken into account.
4. After recording your votes, forward the ballot paper, folded at least in half and properly enclosed in the envelope provided to reach the Scrutineers at the Registered Address of the Association not later than……………….19……..
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Date:……………………………………
………………………………………….
Signature of the Honorary Secretary
Name: ( )
Post held :
UNDANG-UNDANG KECIL TABUNG PELAJARAN PERSATUAN
AKAUNTAN SEKTOR AWAM MALAYSIA
NAMA
- Persatuan Akauntan Sektor Awam Malaysia (selepas ini dipanggil “PERASAMA”) dengan ini menubuhkan satu tabung yang dipanggil Tabung Pelajaran PERASAMA (selepas ini dipanggil “TABUNG”).
ALAMAT
- Alamat pejabat dan tempat Mesyuarat Pentadbir Tabung ini adalah Jabatan Akauntan Negara, Blok 8, Tingkat 1-7, Kompleks Pejabat-Pejabat Kerajaan, Jaln Duta , Kuala Lumpur.
HURAIAN
- Huraian istilah “hadiah” dalam undang-undang kecil ini termasuk,
Sebarang biasiswa hadiah pelajaran atau mana-mana hadiah atau bantuan –bantuan yang berbentuk kewangan atau bahan.
“Pentadbir” bermakna Pentadbir Tabung ini yang dipilih menurut pasal 9 dari undang-undang kecil ini.
“Majlis PERASAMA” bermakna majlis yang dilantik oleh Mesyuarat Agung Tahunan di bawah pasal 15, Perlembagaan PERASAMA.
MATLAMAT
- Memajukan dan meninggikan taraf pelajaran dalam semua bidang seperti yang dibenarkan dibawah undang-undang pelajaran Malaysia
- Mengeluarkan biasiswa dan lain-lain bantuan pelajaran kepada pelajar-pelajar yang memerlukan tidak mengira bangsa, kaum dan agama untuk melanjutkan pelajaran di dalam dan luar negeri.
- Membantu ke arah penyelidikan dan peningkatan ilmu perakaunan dan pengurusan kewangan, serta sains dan pendidikan di intitusi pengajian tinggi di Malaysia.
- Memberi bantuan kewangan dan derma kepada intitusi-intitusi dan pertubuhan-pertubuhan tempetan dan kebangsaan yang diluluskan oleh Ketua Pengarah, Lembaga Hasil Dalam Negeri, Malaysia.
- Menjalankan usaha bukan perniagaan dan perindustrian bagi meningkatkan wang tabung untuk melaksanakan matlamat-matlamat ini.
- Melaksanankan matlamat-matlamat Tabung untuk menafaaatkan warganegara Malaysia sahaja tanpa mengira bangsa, kaum dan agama.
- Mengelola dan membantu rancangan-rancangan untuk mengurangkan penderitaan dan kesusahan yang ditanggung oleh mereka yang ditimpa kemalangan dan malapetaka dan meningkatkan taraf hidup dan rawatan perubatan.
TARIKH BERKUATKUASA
5. Tabung ini berkuatkuasa mulai dari tarikh 1hb. Oktober, 1985.
TABUNG
6. Tabung ini terdiri daripada wang tunai, stok dan saham, harta boleh alih dan tak boleh alih, karya-karya, dokumen-dokumen dan manakah yang bernilai yang diperolehi oleh Tabung dari sumbangan, keuntungan, jualan, pameran dan lain-lain cara yang sah dari orang ramai, Yayasan-yayasan, firma-firma, koperasi, persatuan, badan-badan berkanun dan kerajaan.
7. Semua wang yang dimiliki oleh Tabung ini yang tidak diperlukan untuk penggunaan pada satu-satu masa selain dari jumlah yang diperlukan untuk wang panjar (tertakluk kepada hak pelaburan seperti yang dijelaskan dalam fasal 19) hendaklah disimpan di atas nama Tabung di dalam mana-mana bank yang berurusan di Malaysia.
PENTADBIR
8. Tabung ini hendaklah ditadbir oleh satu Jawatankuasa Tadbir (selepas ini dipanggil Pentadbir)
9. Pentadbir hendaklah terdiri dari tujuh orang ahli yang dilantik oleh Majlis PERASAMA iaitu Pengerusi, Timbalan Pengerusi dan 5 orang ahli. Majlis PERASAMA adalah berhak menggantikan ahli-ahli pentadbir TABUNG ini dari semasa ke semasa.
10. Pentadbir hendaklah mengadakan sekurangnya dua kali mesyuarat dalam setahun
Pengerusi atau dua orang ahli pentadbir boleh memanggil mesyuarat dari masa ke semasa.
11. Semua cek bayaran hendaklah ditandatangani oleh Pengerusi atau Timbalan Pengerusi Pentadbir dan seorang daripada mana-mana 3 orang ahli Pentadbir yang dipersetujui oleh
Majlis PERASAMA.
12. Semua mesyuarat hendaklah dipengerusikan oleh Pengerusi dan jika beliau tidak dapat hadir oleh Timbalan Pengerusi. Ahli-ahli pentadbir bolehlah melantik mana-mana seorang
daripada ahli yang hadir untuk mempengerusi mesyuarat sekiranya kedua-dua mereka tidak dapat hadir .
13. Korum untuk satu-satu mesyuarat adalah empat orang ahli Pentadbir.
14. Pentadbir adalah bertanggungjawab ke atas semua pentadbiran dan kira-kira kewangan
dan boleh melantik sesiapa yang difikirkan sesuai untuk membantu pentadbir dalam urusan
ini.
15. Pentadbir boleh menyimpan wang panjar tidak lebih dari satu ribu ringgit pada satu-satu
masa.
16. Juruaudit awam yang bertauliah hendaklah mengaudit akaun- akaun Tabung ini tiap-tiap
tahun.
17. Akaun-akaun Tabung yang telah diaudit, penyata pendapatan dan perbelanjaan, kunci
kira-kira untuk tahun berkenaan bersama-sama dengan Laporan Juruaudit hendaklah
diedar kepada Majlis PERASAMA untuk disahkan di dalam Mesyuarat Majlis.Akaun-akaun
yang diaudit ini hendaklah dikemukakan setiap tahun kepada Ketua Pengarah Lembaga
Hasil Dalam Negeri, Malaysia (di Ibu Pejabatnya).
18. Pentadbir hendaklah membayar dari wang Tabung semua kos dan perbelanjaan kerana
mentadbir Tabung ini (termasuk elaun yang munasabah kepada ahli-ahli Pentadbir).
19. Pentadbir mempunyai kuasa untuk melabur mana-mana bahagian wang dari Tabung
dalam harta-harta tak alih, sekuriti dan saham.
20. Jika pada satu-satu masa pelaburan-pelaburan Tabung adalah termasuk satu-satu
bangunan atau bangunan-bangunan perntadbir mempunyai kuasa yang mutlak
mengikut budi bicaranya untuk menyewakan bangunan - bangunan itu dan untuk
mengambil apa-apa langkah yang sesuai untuk mendapatkan sewaan dan tunggakan
sewaan.Semua sewaan yang diterima tertakluk kepada potongan kos, cukai, cukai pintu,
cukai tanah, insuran penyelenggaraan pembaikan bangunan-bangunan dimana baki sewa
yang diperolehi adalah merupakan sember pendapatan kepada Tabung ini.
PEMBERIAN BIASISWA DAN HADIAH PELAJARAN
21. Pentadbir dengan persetujuan Majlis PERASAMA hendaklah:-
a) Mengadakan kaedah-kaedah atau peraturan-peraturan berkenaan pemberian biasiswa dan hadiah pelajaran terutamanya dalam menetapkan syarat-syarat dan surat perjanjian yang sesuai dan juga menentukan borang-borang yang diperlukan.
b) Memeriksa dan menyiasat kelulusan dan lain-lain latar belakang pemohon-pemohon terutamanya kedudukan kewangan mereka dan juga menentukan bilangan biasiswa atau hadiah pelajaran yang hendak dikeluarkan dan jumlah yang diperlukan.
c) Meluluskan permohonan bagi biasiswa dan hadiah pelajaran dan pengeluaran wang berkaitan.
22. Pentadbir dengan persetujuan Majlis PERASAMA berhak menarik balik atau menghentikan
pemberian hadiah pelajaran dan biasiswa atau satu-satu sebab yang difikirkan oleh
pentadbir menyebabkan seseorang pelajar itu tidak lagi layak untuk mendapat hadiah
pelajaran atau biasiswa itu
PINDAAN
23. Sebarang pindaan kepada undang-undang kecil ini hendaklah diluluskan oleh Majlis
PERASAMA dan berkuatkuasa selepas diluluskan oleh Ketua Pengarah Lembaga Hasil
Dalam Negeri, Malaysia.
PEMBUBARAN
24. Tabung ini dibubarkan oleh Mesyuarat Majlis PERASAMA.
25. Selepas dibubarkan, lebihan Tabung jika ada, hendaklah didermakan kepada Kerajaan
(Persekutuan atau Negeri) atau mana-mana badan atau pertubuhan yang mempunyai
matlamat-matlamat yang sama dengan Tabung ini dan yang diluluskan untuk tujuan-
tujuan Cukai Pendapatan oleh Ketua Pengarah Lembaga Hasil Dalam Negeri, Malaysia
26. Notis pembubaran hendaklah dihantar sebulan terlebih dahulu kepada Ketua Pengarah
Lembaga Hasil Dalam Negeri dan notis ini hendaklah ditandatangani oleh Yang Dipertua
dan seorang ahli Majlis PERASAMA
Diluluskan dalam mesyuarat PERASAMA pada 9hb September 1985
