1. NAME The Foundation shall be known as "YAYASAN PERTUBOHAN PENDIDIKAN AKHLAK CHE WEE KHOR BUTTERWORTH" (BUTTERWORTH CHE WEE KHOR MORAL UPLIFTING SOCIETY FOUNDATION). 2. SCOPE The Foundation shall be non-profit making, non-religious, non-political and non-racial is its objects and activities. The funds of the Foundation shall not be used for any other purpose than those specified in Rule 5 of the Rules. 3. ADDRESS AND MEETING PLACE The address and the meeting place shall be Che Wee Khor Moral Uplifting Society, No. 4859 Jalan Kampung Paya, Butterworth, Province Wellesley, Malaysia or in such other place as may be decided by the Board referred to in Rule 8 below provided prior approval shall be obtained from the Registrar of Societies. 4. INTERPRETATION (a) The "Foundation" shall mean the "Butterworth Che Wee Khor Moral Uplifting Society Foundation" (b) "Board" shall mean the Board referred to in Rule 8 below. 5. OBJECTS (a) To provide free medical treatment and medicines to the poor at the Foundation's Clinic (b) To provide for the relief of proverty. (c) To provide for the amelioration, treatment and relief of the aged, sick, crippled and physically and mentally handicapped, including the blind, deaf and the dumb. (d) To provide for the relief of persons affected by fires, floods, hurricanes, typhoons, landslides, road, air and sea accidents, famine, droughts and other similar catastrophies. (e) To promote and support schemes for the improvement of health safety and living conditions of the people. (f) To provide free tuition and to give scholarship to the poor students. (g) The Foundation shall not have any affiliation or connection with any society established outside Malaysia. 6. MANAGEMENT The Foundation shall be managed by a Board in whom shall be vested all the powers and functions of management of the affairs of the Foundation. 7. MEMBERSHIP All members of the Butterworth Che Wee Khor Moral Uplifting Society shall be members of the Foundation. No University or college University student shall be admitted as a member of the Foundation unless he or she has obtained a written permission from the Vice-Chancellor of the University concerned. 8. BOARD (a) The Board shall consist of:- - The President of Butterworth Che Wee Khor Moral Uplifting Society shall be the President of the Foundation.
- The Manager of General Affairs Section of Butterworth Che Wee Khor Moral Uplifting Society shall be the Hon. Secretary of the Foundation.
- The Manager of Treasury Section of Butterworth Che Wee Khor Moral Uplifting Society shall be the Hon. Treasurer of Foundation.
- The Manager of Social Welfare Section of Butterworth Che Wee Khor Moral Uplifting Society shall be the Manager of Social Welfare Section of the Foundation.
- The Manager of Medicine Section of Butterworth Che Wee Khor Moral Uplifting Society Shall be the Manager of Medicine Section of the Foundation.
- The Manager of Education Section of Butterworth Che Wee Khor Moral Uplifting Society shall be the Manager of Education Section of the Foundation.
- Seven other officers comprising four Vice-Presidents, one Hon. Assistant Secretary, One Chinese Correspondence Secretary, One Bahasa Malaysia and English Correspondence Secretary who are elected at the Annual General Meeting.
(b) Other members of the Board. The Board shall have power to co-opt not more than six persons from amongst the members of the Foundation to assist in the work of the Foundation. The decision to invite a person to sit on the Board or to fill a vacancy shall be made by an unanimous vote of those present at a meeting of the Board. The person invited shall, on acceptance, be deemed to be a member of the Board. (c) The Board shall hold office for a period of twenty-four months. (d) The seven elected officers of the Board may hold office for further terms if they are re-elected. (e) All members of the Board and every officer performing executive functions in the Foundation shall be Malaysian Citizens. 9. DUTIES AND POWERS OF THE BOARD The business of the Foundation shall be carried out by the Board, which shall have the following powers and duties:-
(a) To solicit donations and contributions from members of the Butterworth Che Wee Khor Uplifting Society and members of the public, or other bodies for the purpose of carrying out the projects of the Foundation.
(b) To carry out the objects of the Foundation. (c) To make such bye-laws for the administration and use of the buildings as may from time to time be deemed desirable and to alter such bye-laws. Such bye-laws shall not supersede or be contrary to the principal objects of the Foundation. Copies of such bye-laws and any amendments there to must be filed with the Registrar of Societies and Director General of Inland Revenue Malaysia for approval. (d) To fill any vacancy in its body (e) To invite patrons or advisers. (f) To administer the funds. (g) To delegate any portion of the work of the Foundation by appointing a Sub-Committee and defining the powers and duties of this Sub-Committee. (h) To enter into contracts for the purpose of and incidental to carrying out the objects of the Foundation. (i) To act in any manner that shall be deemed expedient to carry out the objects of the Foundation for which provision is not made in these Rules. 10. DUTIES AND POWERS OF OFFICERS (a) President It shall be the duty of the President to preside at all meetings of the Foundation. In the absence of the President, the Vice-President shall take the Chair. If the President and the Vice-President are both absent, a temporary Chairman, elected for the occasion by the Board by a show of hands, shall take the Chair. (b) Vice-President The Vice-President shall assist the President in the discharge of his duties and shall act for him in his absence. (c) The Honorary Secretary The Honorary Secretary shall perform his duties under the direction of the Board. (d) Honorary Assistant Secretary The Honorary Assistant Secretary shall assist the Hon. Secretary in the discharge of his duties and shall act for him in his absence. (e) The Honorary Treasurer Under the direction of the Board, the Honorary Treasurer shall keep all funds and collect and disburse all monies on behalf of the Foundation and shall keep an account of all transactions, and shall be responsible for their correctness. Cheques and other documents for withdrawals from the Bank or the Post Office will only be valid if jointly signed by three (3) principal Office-bearers of the Foundation. The Honorary Treasurer shall be responsible for the preparation of the annual accounts for audit and for the making of returns to the Registrar of Societies of a Receipt and Payments Account, an Income and Expenditure Account and an audited Balance Sheet within 28 days of the Annual General Meeting. The Hon. Treasurer shall not retain more than $ 1,000/- in cash at any one time for petty cash expenses. (f) The Manager of Medicine Section The Manager of Medicine Section shall be responsible for the supply of medicine to the Foundation. (g) The Manager of Social Welfare Section. The Manager of Social Welfare Section shall attend to the welfare work of the Foundation. (h) The Chinese Correspondence Secretary The Chinese Correspondence Secretary shall take charge of the Chinese correspondence of the Foundation. (i) The English and Bahasa Malaysia Correspondence Secretary The English and Bahasa Malaysia Correspondence Secretary shall take charge of the English and Bahasa Malaysia correspondence of the Foundation 11. ANNUAL GENERAL The Annual General Meeting of the Foundation shall be held MEETING once a year not later than the 31st December. (a) To receive a detailed report of the activities of the Foundation. (b) To receive the Treasurer's report for the preceding financial year supported by a Receipt and Payments Account and an Audited Balance Sheet. (c) To elect seven Officers to the Board once in every two years. Nomination shall be made in writing 7 days before the meeting by the members of the Foundation and with the consent of the persons nomited. The election of the Office-bearers shall take place at the meeting. (d) To appoint an independent Auditor for the ensuing year. The Auditor for the first year shall be decided upon by the Boards. The Auditor appointed shall be a qualified Public Auditor. (e) The report of the Annual General Meeting shall be made available for the members. 12. EXTRAORDINARY
Whenever the Board deems it necessary or at the joint written GENERAL MEETING request of at least fifteen members an Extraordinary General Meeting shall be convened by the President within two weeks to deal with any special or urgent matter that may arise. 13. VOTING All members of the Board shall be entitled to vote at all meetings of the Board. 14. RESOLUTIONS AND MEETINGS
(1) Notices of every General Meeting shall be issued by the Secretary 7 days before the said meeting is due to take place. (2) Any member of the Foundation may move resolutions at the General Meeting provided 7 days notice of intention to do so is given to the Secretary. (3) Meeting of the Board shall be held at least once in three months and 3 days' notice shall be issued by the Secretary before the said meeting is due to be held. 15. QUORUM A quorum for all Board Meetings shall be half of the total number of the members of the Board and the quorum of any General Meeting of the Foundation shall be one half of the total number of the members of the Foundation or twenty-five members of the Foundation, whichever is the lesser.
16. AUTHORITY FOR EXPENDITURE The Hon. Secretary shall have the power to approve any item of expenditure not exceeding RM300/-. The President shall have the power to approve any item of expenditure not exceeding RM500/- and any item of expenditure exceeding RM500/- shall be approved by the Board. 17. ACCOUNTS The Financial year shall end on the 31st December in each year. The accounts shall be audited by an Auditor appointed at the Annual General Meeting or, in the case of the first year, by the Board. The Auditor appointed shall be a qualified public auditor. Accounts of the Foundation shall be kept separate from that of the Society and a copy of the audited accounts shall be submitted annually to the Director General of Inland Revenue. A Separate bank account shall be opened in- the name of the Foundation and cheques shall be signed by the principal officers under Rule 10 (c).
18. TRUSTEES If the Foundation at any time acquires any immovable property, such property shall be vested in trustees upon the execution of a Deed of Trust by such Trustees. Any Trustee may at any time resign his trusteeship. If a Trustee dies or becomes a lunatic or of unsound mind or is absent from the State of Penang for a period of one year, he shall be deemed to have resigned his trusteeship. If a Trustee is guilty of misconduct of such a kind as to render it undesirable that he continues as a Trustee, a General Meeting may remove him from his trusteeship. Vacancies in the trusteeship may be filled at a General Meeting, so that the number shall not be greater than five or less than two. Notice of any proposal to remove a Trustee from his trustee from his trusteeship or to appoint a new Trustee to fill a vacancy must be given to all the members of the Foundation at least two weeks before the meeting at which the proposal is to be discussed. The name of the Trustees appointed or any changes therein shall be notified to the Registrar of Societies.
19. AMENDMENT TO RULES No alteration or addition to these Rules shall be made except at a General Meeting and these shall not come into force without the prior sanction of the Registrar of Societies and Director General of Inland Revenue, Malaysia. 20. INTERPRETATION In the interpretation of these Rules, the Board's decision shall be final unless countermanded by members in General Meeting. 21. DISSOLUTION (1) The Foundation shall not be dissolved except with the consent of not less than three fifths of the numbers of the Foundation expressed in person at a General Meeting called specifically for that purpose. (2) In the event of the Foundation being dissolved as provided above, all debts and liabilities legally incurred on behalf of the Foundation shall be fully discharged, and the remaining funds shall be handed over as decided by the General Meeting to another charitable organisation having similar objects approved by the Director-General of Inland Revenue, Malaysia.
(3) Notice of dissolution duly signed by the one principal Office-bearer and seven other members will be given within 14 days of the dissolution to the Registrar of Societies.
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