Rules and Constitution of Majlis Jaksa-Jaksa Pendamai, Negeri Pulau Pinang
Rule 1: Name and Registered Address
- The name of the Association shall be MAJLIS JAKSA-JAKSA PENDAMAI, NEGERI PULAU PINANG (COUNCIL OF JUSTICES OF THE PEACE, STATE OF PENANG) hereafter referred to as the "Council".
- Its registered address shall be at care of Kennedy, Burkill & Company Berhad, 1st Floor, Standard Chartered Bank, Lebuh Pantai, 10300 Penang, or at such other place as may form time to time be decided by the executive committee. Its registered address shall not be changed without the prior approval of the Registrar of Society.
Rule 2: Objects
- To assist the members of the Council in the performance of their duties as Justices of the Peace.
- To serve as a liason body between the Government or similar associations of Justices of the Peace in other states and members of the public.
- To promote, encourage and foster congenial relationship amongst members of the council.
- To promote and aid charitable, social and welfare work.
- To carry out such other activities conducive to the attainment of the objects of the Council.
Rule 3: Membership
- There shall be 3 categories of membership:
(a) Life Member
(b) Ordinary Member
(c) Associate Member
- Life and Ordinary membership are open to all Justices of the Peace appointed by the State of Penang. Associate membership is open to Justices of the Peace appointed by other states and who are permanent residents in Penang but they are not eligible to vote or hold office.
- Every applicant who has been formally approved based on the above condition shall be required to duly pay the entrance and subscription fees stated in Rule 4 of this Constituition upon request in order to be officially considered as a member and shall be entitled to all privileges of membership.
- All members shall have equal rights in the Council unless otherwise stated in the Constitution of the Council.
- All members shall have equal rights in the Council unless otherwise stated in the Constitution of the Council.
Rule 4 Entrance Fee and Subscriptions
- The entrance fee shall be RM300 for LIFE, Ordinary and Associate Members.
- The subscription payable shall be as follows:
(a) Life membership - one time payment of RM 1,000
(b) Ordinary membership - RM60 per year
(c) Associate membership - RM50 per year
- Yearly subscriptions shall be paid in advance during the first three months of the year.
- A member whose fees are overdue for more than 6 months shall be served with a reminder signed by the Honorary Secretary to pay the arrears within 14 days. If he/she fails to do so within the stipulated time, he/she shall cease to be a member and loses all rights as a member.
- Additional fees or collection of certain amounts shall only be raised and carried out with the approval of a General Meeting of members. If any member fails to pay such fees within such period as may be resolved, the amount due shall be treated in the same way as arrears of annual subscriptions.
Rule 5: Resignation and Expulsion
- Any member who wishes to resign from the Council shall give 14 days notice in writing to the Honorary Secretary and shall settle all his dues.
- Any member who fails to comply with the Constitution of the Council or has acted in a manner likely to bring disrepute to the Council may be expelled or suspended for a period of time as the Executive Committee deems fit. Before the Executive Committee expels or suspends a member, the member shall be informed in writing of the ground for such expulsion or suspension and be given the opportunity to explain and absolve himself/herself in person. Such suspension or expulsion shall be enforced, unless otherwise overruled by te General Meeting upon appeal by the said member.
- A member, irregardless of Life, Ordinary or Associate, shall cease to be a member of the Council if he is adjudicated a bankrupt, if he should become insane or if his appointment as a JP has been revoked.
Rule 6: General Meetings
- The supreme authority of the Council is vested in the General Meeting of the members. At least half of the voting membership or two times the total numbers of the Executive Committee whichever is the lesser, must be present at a General Meeting for its proceedings to be valid and to constitute a quorum.
- If within thirty (30) minutes from the time appointed for the meeting, a quorum is not present, the meeting if convened upon the requisition of members shall be dissolved and no General Meeting shall be requisitioned for the same purpose until after the lapse of at least six (6) months from the date thereof. In any case it shall stand adjourned for a further thirty (30) minutes. At the adjourned meeting, the member present shall have the powers to proceed with the business of the day.
- An annual General Meeting of the Council shall be held as soon as possible after the close of each financial year but no later than 31st of March on a date and at a time and place to be decided by the Executive Committee. The business of the Annual General Meeting shall be as follows:
The Honorary Secretary shall send to all members at least 14 days before the Annual Generak Meeting, the notice of meeting including agenda, copies of minutes and reports, motions together with the audited accounts of the Council for the previous year. Copies of these documents shall be made available at the registered address or place of meeting of the Council for the perusal of members.
An Extraordinary General Meeting of the Council shall be convened:
- To receive the minutes of the previous General Meeting.
- To receive the Executive Committee's report on the working of the Council during the previous year.
- To receive the audited accounts of the Council for the prvious year
- To elect a new Executive Committee.
- To appoint Honorary Auditor for the ensuing year.
- To deal with such other matters as may be put before it.
- To address all proposals and suggestions written by the members to the Honorary Secretary received 7 days before the Annual General Meeting.
An Extraordinary Meeting requested by members shall be convened on a date within 30 days of the receipt of such requisition.
The notice and agenda for an Extraordinary General Meeting shall be forwarded by the Honorary Secretary to all members at least 14 days before the date fixed for the meeting.
Photographs 6(i) and 6(ii) of this rule regarding the quorum and the postponement of the Annual General Meeting shall apply also to an Extraordinary General Meeting, but with the provision that if no quorum is present within thirty minutes from the time appointed for the Extraordinary General Meeting requested by the members, the meeting shall be cancelled, and no Extraordinary General Meeting shall be allowed for the same purpose until after the lapse of at least 6 months from the date thereof.
- whenever the Executive Committee deems it desirable or,
- at the joint request in writing of not less then 1/5 of the total voting members, stating the objects and reasons of calling such meeting
Rule 7: Executive Committee
- An Executive Committee of the Council consisting of the following shall be termed the office-bearers of the Council and shall be elected at the Annual General Meeting
The President shall appoint three (3) additional Ordinary Committee Members in consultation with the Executive Committee. The office-bearers of the Council and every officer performing executive functions in the Council hall be Malaysian citizens.
Every nomination for the election of office-bearers shall be in writing and shall be signed by the candidate's proposer and seconder and his consent must be endorsed thereon and must reach the registered office by 12 noon, 7 clear days before the Annual General Meeting. If there is insufficient number of candidates nominated for the vacancies, other Life or Orndinary members present at the Annual General Meeting may be proposed or seconded by the Life or Ordinary members present without notice. The election will be by simple majority vote of Executive Committee shall be two (2) years. All of the office-bearers shall be eligible for re-election except the President who may only hold the same postion for a maximum of 2 consecutive terms.
The function of the Executive Committee is to organize and supervise the day to day activities of the Council and to make decisions on matters affecting its running within the general policy laid down by the General Meeting. The Executive Committee may not act contrary to it and shall always remain subordinate to the General Meeting on its activities during the previous year.
The Executive Committee shall meet at least once every 3 months and 7 days notice of each meeting shall be given to the members. The President acting alone or not less than 3 of the Executive Committee members acting together may call for a meeting of the Executive Committee to be held at any time. At least one-half (½) of the Executive Committee members must be present for its proceedings to be valid and to constitute a quorum.
Where any urgent matter requiring the approval of the Executive Committee arises and it is not possible to convene a meeting, the Honorary Secretary may obtain such approval by means of a circular letter. The following conditions must be fulfilled before a decision of the Executive Committee is deemed to have been obtained:
- Deputy President
- Vice President
- Honorary Secretary
- Honorary Treasurer
- Six (6) Ordinary Committee Members
Any decision obtained by a circular letter shall be reported by the Honorary Secretary to the Executive Committee at the next Executive Committee meeting and recorded in the minutes thereof.
Any member of the Executive Committee who fails to attend 3 consecutive meetings of the Executive Committee without a satisfactory explanation shall be deemed to have resigned from the Executive Committee.
- The issue must be clearly set out in the circular and forwarded to all members of the Executive Committee.
- At least one-half of the members of the members of the Executive Committee must indicate whether they are in favour or against the proposal.
- The decision must be by majority vote.
In the event of death or resignation of a member of the Executive Committee, the candidate who received the next highest number of votes at the previous election shall be invited to fill the vacancy. If there is no such candidate, or if such candidate declines to accept office, the Executive Committee shall have the power to appoint any other member to fill the vacancy until the next Annual General Meeting.
The Executive Committee shall give instructions to the Honorary Secretary and other officersor carrying out the affairs of the Council. It may appoint such organizers and such staffs as it deems necessary. It may suspend or dismiss any organizer or staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Executive Committee, or for any other reason which it deems good and sufficient in the interest of the Council.
The Executive Committee may appoint Executive Secretaries and Treasurers for carrying out affairs of the Council and to determine their remuneration.
The Executive Committee may form sub-committees, if necessary, and shall give instructions regarding special duties to the sub-committees.
The Honorary Advisors and Honorary Auditor are not members of the Executive Committee but may attend any meeting of the Executive Committee if invited.
Rule 8: Duties of Office-Bearers
- The President shall during term of office, preside at all General Meetings and all meetings of the Executive Committee and shall be responsible for the proper conduct of all such meetings. He shall have casting vote and shall sign the minutes of each meeting at the time they are approved.
- The Deputy and Vice President shall assist the President in his duties and shall deputise for him during his absence.
- The Honorary Secretary shall conduct the business of the Council in accordance with its rules and shall carry out the instructions of the General Meeting and of the Executive Committee. He shall be responsible for conducting all correspondence and keeping all books, documents and papers except the accounts and financial records. He shall maintain a membership register with particulars of name , age, identity card numbers, occupation and address of every member. He shall attend all meetings and record the proceedings. He shall within 30 days after the holding of the Annual General Meeting, submit the annual returns of the Council to the Registrar of Societies as required under Section 14(1) of the Societies Act, 1966.
- The Honorary Treasurer shall be responsible for the finance of the Council. He shall keep an account of all its financial transactions and shall be responsible for their correctness.
- The other Ordinary Committee Members shall assist in the running of the Council.
Rule 9: Financial Provisions
- The Council's fund shall be used in carrying out the Council's various objects including the payment of administrative expenses, salaries, allowances and expenses to its office-bearers and paid staff but not for payment of fines for its members for the breaking of any offence or conviction in a court of law.
- The Honorary Treasurer shall keep not more than RM50 cash at any one time. Money in excess of this amount shall be deposited in a bank approved by the Executive Committee. The bank account shall bear the Council's name.
- All expenses below RM1,000 at any one time may be approved by the Honorary Treasurer, the President or Honorary Secretary. All expenses exceeding RM1,000 at any one time must obtain the prior approval of the Executive Committee.
- As soon as possible after the end of each financial year, a statement of receipts and payments and a balance sheet for the year shall be prepared by the Honarary Auditor appointed under Rule 11. The audited accounts shall be submitted for the approval of members at the next Annual General Meeting and copies shall be made available at the registered address or place of meeting of the Council for the perusal of members.
- The date of commencement of each financial year of the Council shall be from the 1st of January and shall end on the 31st of December annually.
Rule 10: Honorary Advisors
- Only Past Presidents of the Council shall be eligible for appointment as Honorary Advisors.
- The Honorary Advisors shall be appointed by members at the Annual General Meeting.
- The term of office for Honorary Advisors shall be two (2) years but they shall be eligible for reappointment at the Annual General Meeting.
Rule 11: Honorary Auditor
- A member, who shall not be an office-bearer of the Council, shall be elected at each Annual General Meeting as Honorary Auditor.
- The Honorary Auditor shall be required to audit the accounts of the Council for the year. He may also be required by the President to audit the accounts of the Council for any period within his tenure of office at any date, and to make a report to the Executive Committee.
Rule 12: Trustees
- The number of Trustees shall not be more than 5 or less than 3. The Trustees shall be appointed at the Annual General Meeting. Only Life or Ordinary members who have served as Executive Committee Member for two terms shall be eligible for appointment as Trustees. All immovable assets and properties of the Council shall be entrusted to them through the signing of a Deed of Trust.
- The Trustees shall have no rights to sell, withdraw or exchange the assests or properties of the Council without the consent and authority obtained by a General Meeting.
- A Trustee may be removed from his position by a General Meeting because of sickness or health problems, unsoundness of mind, absence from or not in Penang for more than (2) years or any other reason that may prevent him/her from carrying out his/her duties efficiently and satisfactorily. In the event of death or resignation or removal of a Trustee, a new Trustee shall be appointed by the General Meeting.
Rule 13: Patron
- TheYang di-Pertua Negeri Pulau Pinang shall be invited to be the Patron of the Council.
Rule 14: Interpretation of Rules
- Between General Meetings, the Executive Committee shall interpret the rules of the Council and when necessary, determine any point on which rules are silent.
- Except where they are contrary to or inconsistent with the policy previously laid down by the General Meeting, the decisions of the Executive Committee shall be binding on all members of the Council unless and until countermanded by a resolution of a General Meeting.
Rule 15: Prohibitions
- None of the following games shall be played in the premises of the Council:
Roulette, Lotto, Fan Tan, Poh, Peh Bin, Belangkai, Pai Kau, Tau Ngau, Tien Kow, Chap Ji Kee, Sam Cheong, Twenty-One, Thirty-One and all game of dice, banker's game, video games and all games of mere chance.
- The Council shall not hold any lottery, whether confined to its members or not, in the name of thee Council or its office-bearers, Committee or members without prior approval from appropriate authorities.
- Benefits as stated in Section 2 of the Societies Act, 1966 shall not be given by the Council to any member or his/her dependent.
- The Council shall not involve in any political activity.
- The introduction of immoral activities and bad characters into the premises of the Council is strictly prohibited.
- The Council and its members shall not attempt to restrict or interfere with trade or prices or engage in any trade union activity as defined in the Trade Union Act, 1959.
Rule 16: Amendment of Rules
- These rules may not be altered or amended except by the resolution of a General Meeting and passed by 2/3 of those members present. Such alteration or amendment shall only become operative after they have been approved by the Registrar of Societies.
Rule 17: Dissolution
- The Council may be voluntarity dissolved by a resolution of not less than 3/5 of the total voting membership at a General Meeting specially convened for that purpose.
- In the event the Council 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 off in such a manner as may be decided upon a General Meeting.
- Notice of dissolution shall be given within 14 days of the dissolution to the Registrar of Societies.