MACB Constitution

PERSATUAN AHLI BIOKIMIA KLINIKAL MALAYSIA (MALAYSIAN ASSOCIATION OF CLINICAL BIOCHEMISTS)

Table of Contents

CLAUSE 1 NAME
  1. The Association shall be known as
    PERSATUAN AHLI BIOKIMIA KLINIKAL MALAYSIA (MALAYSIAN ASSOCIATION OF CLINICAL BIOCHEMISTS)
    Hereinafter referred to as “the Association”.

  2. Meaning of name :
  3. Level : Kebangsaan
CLAUSE 2 ADDRESS
  1. The registered address is

    NO 17-07, TINGKAT 17, MENARA ARINA UNITI, NO 97, JALAN RAJA MUDA
    ABD AZIZ, KAMPONG BARU,
    50300 KUALA LUMPUR
    WILAYAH PERSEKUTUAN KUALA LUMPUR

    or at such other place as may from time to time be decided by the Committee; and the postal address is

    NO 17-07, TINGKAT 17, MENARA ARINA UNITI, NO 97, JALAN RAJA MUDA
    ABD AZIZ, KAMPONG BARU,
    50300 KUALA LUMPUR
    WILAYAH PERSEKUTUAN KUALA LUMPUR

  2. The registered and postal addresses shall not be changed without the prior approval of the Registrar of Societies.
CLAUSE 3 OBJECTIVE
  1. To promote the advancement and to further the interests of Clinical Biochemists and scientists in other fields of clinical laboratory in Malaysia.
  2. To regulate the profession of Clinical Biochemistry and Laboratory Medicine in Malaysia.
  3. To represent the views of the profession of Clinical Biochemistry and Laboratory Medicine to maintain its integrity and to raise its status.
  4. To encourage and contribute towards the advancement of research, development and training of Clinical Biochemistry and Laboratory Medicine.
  5. To foster and encourage education in such a manner as may, from time to time, be decided upon by the Association including the founding of a trust fund for educational purposes.
CLAUSE 4 MEMBERSHIP

4.1 No person shall be eligible for admission to membership of the Association unless:

  • 4.1.1 he is in the opinion of the Council interested in clinical biochemistry
  • 4.1.2 he is a graduate in Science or Medicine from a university recognised by the Government of Malaysia or from some other university approved by the Council, or is the holder of a qualification which is in the opinion of the Council equivalent to a university degree (a science graduate must possess at least an Honours degree majoring in biochemistry or chemistry, or a subject which, in the opinion of the Council, is appropriate)
  • 4.1.3 requirement stated under 4.1.2 shall not apply to the admission of a Corporate Member.
  • 4.1.4 The Council may accept a scientist or doctor practicing in other fields of Laboratory Medicine as an Associate Member

4.2 There shall be the following classes of membership of the Association, namely:

Fellow
Ordinary Member
Associate Member
Honorary Fellow
Corporate Member
Life Member
Retired Member

  • 4.2.1 “Fellow” shall be such person as comply with the requirements of paragraph 4.1 hereof, and has at least 10 years of working experience in a clinical laboratory, and with outstanding contribution in clinical biochemistry, and has been admitted as “Fellow” by the Council.
  • 4.2.2 “Ordinary Member” shall be such person as comply with the requirements of paragraph 4.1 hereof, and is wholly or mainly occupied with the practice of clinical biochemistry, and has at least a two-year working experience in a recognised clinical laboratory, or in the case of a medical graduate, a relevant higher qualification, and has been admitted as “Ordinary Member” by the Council.
  • 4.2.3 “Associate Member” shall be such person as comply with the requirements of paragraph 4.1 hereof, but has less than 2 years working experience in a clinical laboratory or a person as comply with the requirements of paragraph 4.1.4.
  • 4.2.4 “Honorary Fellow” shall be such person of distinction as comply with the requirements of paragraph 4.1 hereof, and has, on the special recommendation of the Council, been elected as “Honorary Fellow” in the General Meeting.
  • 4.2.5 “Corporate Member” shall be such company, firm or person as is admitted to the Association pursuant to the following provisions that the Council may invite any company, firm or person to become a “Corporate Member”, if such company, firm or person in writing accepts the invitation and undertakes to be bound by the provisions of the Constitution.
  • 4.2.6 “Life Member” shall be such person as comply with the requirement of paragraph 4.1 hereof, who has been an “Ordinary Member” for a minimum of five years and has applied for life membership by submitting the required subscription fee, subject to approval by the Council.
  • The admission of new “Life Members” will cease with effect from 1.1.2016. However, existing “Life Members” will continue to be entitled to all benefits and privileges of membership as before.
  • 4.2.7 “Retired Member” shall be an “Ordinary Member” for at least 10 years, who has retired from full-time practice of clinical biochemistry and has applied for this category of membership, subject to approval by the Council. A one-time fee will be imposed.
  • 4.2.7 “Retired Member” shall be an “Ordinary Member” for at least 10 years, who has retired from full-time practice of clinical biochemistry and has applied for this category of membership, subject to approval by the Council. A one-time fee will be imposed.

4.3 A Fellow, Ordinary Member, Associate Member or Life Member who ceases to be wholly or mainly occupied in the practice of clinical biochemistry shall not by reason thereof ceases to be a Life Fellow, Ordinary Member, Associate Member or Life Member unless the Council so decides.

4.4 Every application for membership shall be proposed and seconded by two existing members and shall be forwarded to the Secretary who shall at the first convenient opportunity, submit it to the council for approval. Council shall admit the applicant to the appropriate membership or shall reject or defer his application. The decision of the Council upon any application shall be final and subject to no appeal and the Council shall not be bound to give any reason for its decisions. All communications and proceedings in relations to applications for admission to membership shall be confidential and privileged.

4.5 Every applicant whose application has been approved as aforesaid shall, upon payment of the prescribed entrance fee and first annual subscription, be admitted as a member of the Association.

4.6 Upon the admission of a person as a Fellow, an Ordinary Member, a Life Member or a Retired Member, he shall become entitled to all the benefits and privileges of membership of the Association and subject to all the obligations thereof and shall be bound by the provisions of this Constitution.

4.7 Upon the admission of a person as an Honorary Fellow or an Associate Member he shall become entitled to all benefits and privileges of membership except that he shall not be eligible for membership of the Council and shall not be entitled to vote at any meeting of the Association or to nominate any member for election to any office or position in the Association and immediately upon such admission he shall also become subject to all the obligations of membership of the Association and shall be bound by the provisions of this Constitution.

4.8 Upon the admission of a company, firm or person as Corporate Member:

  • 4.8.1 Such Corporate Member if a company, a firm or person shall be entitled to appoint by writing addressed to the Secretary a representative or not more than two representatives as determined by the Council.
  • 4.8.2 Such Corporate Member whether a company, firm or person and each representative of a Corporate Member shall be entitled to such benefits and privileges of membership as the Council shall from time to time determine provided nevertheless that no Corporate member or the representative of a Corporate member shall be eligible to become an officer of the Association or a member of the Council or to be entitled to vote at any meeting of the Association or to nominate any member for election to any office or position in the Association.
  • 4.8.3 Such Corporate Member whether a company, firm or person and each representative of a Corporate Member shall be bound by the provisions of this Constitution.
CLAUSE 5 RESIGNATION AND TERMINATION

5.1 Resignation of membership shall be signified in writing to the Secretary of the association and the member so resigning shall be liable for the payment of his subscription for the current year together with any arrears up to the date of tendering his resignation.

5.2 Any member who in the opinion of the Council contravenes any of the Rules of the Association or is found to be no longer fit and proper to continue to be a member of the Association shall have his membership terminated or suspended for a period to be determined by the Council.

5.3 The member, the termination of whose membership is under consideration, shall be given not less than two weeks notice in writing by registered post of the time and place of such meeting and of its purpose and of the fact that he will be at liberty to make such representations as he may desire. If thereupon by a resolution of the Council passed by a majority of at least two-thirds of all members of the Council, it be resolved that the membership of the member in question be terminated or suspended his membership shall then be terminated or suspended unless countermanded by a resolution of a general meeting.

CLAUSE 6 SOURCE OF INCOME

6.0 Membership Fees

6.1 The entrance fee and subscription payable shall be as follows:-

6.1.1 Admission fee
Fellow RM 20.00
Ordinary Member RM 20.00
Associate Member RM 20.00
Corporate Member RM 200.00
Retired Member RM 100.00 (One-time fee)

6.1.2 Annual subscription
Fellow RM 50.00
Ordinary Member RM 50.00
Associate Member RM 50.00
Corporate Member RM 500.00

6.2 Each member shall, upon admission pay the admission fee and the full year’s subscription (if required), and thereafter the same annual subscription shall be payable
to the Treasurer in advance before the 15th of February.

6.3 Any member who allows his arrears to exceed 15th February of each year shall receive a written notification signed by or on behalf of the Secretary by mail or electronic mail, and shall be denied the privileges of membership until he settles his
account.

6.4 Any member who allows his arrears to exceed two calendar year’s subscription shall automatically cease to be a member of the Association, and the Council may
direct that legal action be taken against him, provided that they are satisfied that he has received due notice of his debts.

6.5 The Council shall have the power to fix a re-entrance fee for any person who has allowed his membership to lapse through arrears.

6.6 Special subscription or levies for particular purposes may be raised from members by resolution of the general meeting of the Association. If any member fails to pay such subscription within such period as may be resolved, the amount due shall be treated in the same way as arrears of annual subscription.

6.7 Paragraphs 6.3, 6.4 and 6.5 shall not apply to Life, Honorary Fellow or Retired Members.

CLAUSE 7 GENERAL MEETING

7.1 The supreme authority of the Association is vested in a general meeting of the members. At least one-half of the total voting membership of the Association or the voting members present represent twice the total number of Council Members must be present at a general meeting for its proceeding to be valid and to constitute a quorum.

7.2 If half an hour after the time appointed for the meeting a quorum is not present, the meeting shall be adjourned to a date (not exceeding 30 days) to be decided by the Council, and if a quorum is not present half an hour after the time appointed for the adjourned meeting, the members present shall have power to proceed with the business of the day but they shall not have power to alter the rules of the Association or make decisions effecting the whole membership.

7.3 An Annual General Meeting of the Association shall be convened by the Council once a year as soon as practicable after the close of the financial year on a date and at a time and place to be decided by the Council. The Annual General Meeting may be held virtually if decided so by the Council.

7.3.1 To receive the Council’s report on the working of the Association during the
previous year.

7.3.2 To receive the Treasurer’s report and the audited accounts of the Association
for the previous year.

7.3.3 To elect a Council and to appoint auditors for the ensuing year.

7.3.4 To deal with such other matters as may be put before it..

7.4 The Secretary shall serve to each member not less than 42 days notice of an Annual General Meeting specifying the place, the date and time of the meeting. The notice shall also be clearly displayed at the registered place of business of the Association.

7.5 The Secretary shall send to all members at least 14 days before the meeting an agenda including copies of minutes and reports, and the audited accounts of the Association for the previous year and any proposed resolutions and proposed amendments to the Rules of the Association and nominations for the election of Council members. Copies of these documents will also be made available at the registered place of business of the Association for the perusal of members.

7.6 Nominations of candidates for the election of Council Members and all resolutions intended for submission to the Annual General Meeting shall be lodged with the Secretary not less than 21 days prior to the date of the meeting.

7.7 An Extraordinary General Meeting of the associations shall be convened:-

7.7.1 Whenever the Council deems it desirable, or

7.7.2 at the joint request in writing of not less than fifteen voting members, stating the objects and reasons for such meeting.

7.8 An Extraordinary General Meeting requisitioned by members shall be convened for a date within thirty days of the receipt for such requisition.

7.9 Notice and agenda for an Extraordinary General Meeting shall be forwarded by the Secretary to all members at least fifteen days before the date fixed for the meeting.

7.10 Paragraphs (7.1) and (7.2) of this rules regarding the adjournment 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 an adjourned Extraordinary General Meeting requisitioned by members, the meeting shall be cancelled, and no Extraordinary General Meeting shall be requisitioned for the same purpose until after the lapse of at least six months from the date thereof.

7.11 The Secretary shall forward to all members a copy of the draft minutes of each Annual General Meeting and Extraordinary General Meeting as soon as possible after its conclusion.

7.12 All notices, agenda, minutes, reports, audited accounts, nominations and balloting may be sent or received by mail or electronic media. If given by electronic media, it shall be deemed to be delivered when it is tagged sent by the software.

CLAUSE 8 COMMITTEE

8.1 The governing body of the Association to which the management of the Association shall be delegated shall be the Council of the Association. The Council consisting of the following, who shall be termed the office- bearers of the Association, shall be elected at the annual general meeting and shall hold office for TWO years:-

President
Vice-President
Secretary
Assistant Secretary
Treasurer
Ordinary Council Members (4)

All office bearers of the Association and every officer performing executive functions in the Association shall be Malaysian citizens.

 

8.2 Names for the above offices shall be proposed and seconded and election will be by a simple majority vote of the members at the annual general meeting. All the office-bearers shall be eligible for election when their terms are over.

8.3 The function of the Council is to organize and supervise the day-to-day activities of the Association and to make decisions on matters affecting it’s 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 the 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 during the previous year.

8.4 The Council shall meet at least once every four months, and seven days’ notice of each meeting shall be given to the members. The President acting alone, or not less than four of its 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 it’s proceeding to be valid and to constitute a quorum.

8.5 Where any urgent matter requiring the approval of the Council arises and it is not possible to convene a meeting, the Secretary may obtain such approval by means of a circular letter. The following conditions must be fulfilled before a decision of the Council is deemed to have been obtained:

8.5.1 The issue must be clearly set out in the circular and forwarded to all members of the Council;

8.5.2 At least one-half of the members of the Council must indicate whether, they are in favour or against the proposal; and

8.5.3 The decision must be by a majority vote. Any decision obtained by circular letter shall be reported by the Secretary to the next Council meeting and recorded in the minutes thereof.

8.6 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.

8.7 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 or 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 general meeting.

8.8 The Council shall give instructions to the Secretary and other officers for the conduct of the affairs of the Association. It may appoint such organizers and dismiss any organizer or member of the 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 reasons, which it deems good and sufficient in the interest of the Association.

CLAUSE 9 DUTIES OF OFFICE BEARERS

9.1 The President shall during his term of office preside at all general meetings and all meeting 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. He shall, in conjunction with the Secretary and Treasurer, sign all cheques on behalf of the Association.

9.2 The Vice-President shall deputise for the President during the latter’s absence

9.3 The Secretary shall conduct the business of the Association in accordance with the rules, 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 meeting and record the proceedings. He shall maintain a proper membership register of members consisting of details such as name, identity card number, date/place of birth, occupation, name/address of employer and residential address. In conjunction with the President and the Treasurer he shall sign all cheques on behalf of the Association.

The Secretary shall within 28 days from the date of the Annual General Meeting send the annual report of the Association to the Registrar of Societies’ as required under Seksyen 14(1) Akta Pertubuhan 1966.

9.4 The Assistant Secretary shall assist the Secretary in carrying out his duties and shall act for him in his absence.

9.5 The 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. He shall, in conjunction with the President and the Secretary, sign all cheques on behalf of the Association.

9.6 The Ordinary Council Members shall carry out such duty as directed by the President or the Council.

CLAUSE 10 FINANCIAL PROVISION

10.1 Subject to the following provisions in these rules, the funds of theAssociation may be expended for any purpose necessary for the carrying out of its objects, including the expenses of its administration, the payment of salaries, allowances and expenses to its office-bearers and paid staff and the audit of its accounts, but they shall on no account be used to pay the fine of any member who may be convicted in a court of law.

10.2 The Treasurer may hold a petty cash advance not exceeding one thousand and five hundred ringgit at any one time. All money in excess of this sum shall within seven days of receipt be deposited in a bank approved by the Council. The bank account shall be in the name of the Association.

10.3 All cheques or withdrawal notice on the Association’s account shall be signed jointly by the President (or in his absence the Vice-President), the Secretary and the Treasurer. In the absence of the Secretary or the Treasurer the Council shall appoint one of its members to sign in his place.

10.4 No expenditure exceeding five thousand ringgit at any one time shall be incurred without the prior sanction of the Council and no expenditure exceeding fifty thousand ringgit in 14 days in any one month shall be incurred without the prior sanction of a general meeting. Expenditure less than five thousand ringgit may be incurred by the President together with the Secretary or the Treasurer.

10.5 As soon as possible after the end of each financial year i.e. 31st of December a statement of receipts and payment and a balance sheet for the year shall be prepared and audited by the Auditors appointed under Rule 10. The audited accounts shall be submitted for the approval of the next annual general meeting, and copies shall be made available at the registered place of business of the Association for the perusal of members.

10.6 The financial provisions of a trust fund set up by the Association will be set out in the by law of the fund.

CLAUSE 11 AUDITORS

10.1 Two persons or more, who shall not be office bearers of the Association shall be appointed by the annual general meeting as Honorary Auditors. He/they shall hold office for one year only and shall not be reappointed the next subsequent year.

10.2 The Auditor(s) 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/they may also be required by the President to audit the accounts of the Association for any period within his/their tenure of office at any date, and to make a report to the Council.

10.3 External certified/licensed auditors may be appointed by the council.

CLAUSE 12 PROPERTY ADMINISTRATOR

12.1 Three main Council members who must be over 21 years of age, shall be appointed as Asset Administrators at the Annual General Meeting as stipulated under Seksyen 9(b) Akta Pertubuhan 1966 (Akta 335). The Administrators shall be registered with the Registrar and be reregistered at least every three years unless there is change in Administrators. They shall hold office until the next Annual General Meeting and be eligible to be reappointed.

12.2 The Administrators shall manage all immovable properties whatsoever belonging to the Association, which shall be registered under the name of the Association. The Administrators shall not sell, withdraw or transfer any of the properties of the Association without the consent and authority of a general meeting of members.

113.1 Between Annual General Meetings the Council shall interpret the Rules of the Association and, when necessary, determine any point on which the Rules are silent.

12A. Board of Trustees
The Association shall set up a Board of Trustees to manage and administer any trust fund set up by the Association.

CLAUSE 13 INTERPRETATION

13.1 Between Annual General Meetings the Council shall interpret the Rules of the Association and, when necessary, determine any point on which the Rules are silent.

13.2 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 resolution of a general meeting.

CLAUSE 14 ADVISOR / PATRON

The Council shall have the power to invite a distinguished person to become Patron of the Association.

CLAUSE 15 PROHIBITION

15.1 None of the following games shall be played in the premises of the Society: Roulette, Lotto, Fan Tan, Poh, Peh Bin, Belangkai, Pai Kau, Tau Ngau, Tien Kow, Chap Ji Kee, Sam Cheong, Twenty-One, Thirty-One, Ten and a half, all games of dice, bankers’games and all games of mere chance.

15.2 Neither the Association nor its members shall attempt to restrict or in any other manner interfere with the trade or prices or engage in any Trade Union activities as defined in the Trade Union Ordinance, 1959.

15.3 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, without the approval of the authorities concerned.

CLAUSE 16 AMENDMENT OF CONSTITUTION

16.1 These rules may not be altered or amended except by a resolution carried by two-thirds of those voting members present at the Annual General Meeting or Extraordinary General Meeting of the Association and provided that notice of each proposed amendments shall be despatched by ordinary post at least 14 days prior to the meeting at which the resolution embodying such amendments is to be taken.

16.2 Amendments to Rules shall be made in writing to the Secretary at least 21 days before the date of the Annual General Meeting or Extraordinary General Meeting and submission of such amendments shall bear the signature of not less than 2 voting members.

16.3 Any amendments to the Rules shall be forwarded to the Registrar of Societies within 28 days of being passed by the general meeting.

16.4 Any amendments to the Rules shall take effect from the date of its approval by
the Registrar of Societies.

CLAUSE 17 DISSOLUTION

17.1 The Association may be voluntarily dissolved by a resolution of not less than three-fifths of the total voting memberships.

17.2 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.

17.3 Notice of dissolution shall be forwarded to the Registrar of Societies, within 14 days of its dissolution.

CLAUSE 18 FLAG, LOGO AND BADGE

1. Flag
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Description
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2. Logo

Description
MACB LOGO

3. Badge
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Description
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