AWL’s Constitution

CONSTITUTION

PERSATUAN PEGUAM-PEGUAM WANITA SELANGOR DAN WILAYAH PERSEKUTUAN (1984)

CLAUSE 1 NAME

  • 1.1 The Association shall be known as

    PERSATUAN PEGUAM-PEGUAM WANITA SELANGOR DAN WILAYAH PERSEKUTUAN (1984)

    Hereinafter referred to as “the Association”.

  • 1.2 Meaning of name :

  • 1.3 Level : Lain-lain

CLAUSE 2 ADDRESS

  • 2.1 The registered address is:

    H-2-12, BLOCK H, PLAZA DAMAS, JALAN SRI HARTAMAS 1 WILAYAH PERSEKUTUAN 50480 KUALA LUMPUR

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

    H-2-12, BLOCK H, PLAZA DAMAS, JALAN SRI HARTAMAS 1 WILAYAH PERSEKUTUAN 50480 KUALA LUMPUR

  • 2.2 The registered and postal addresses shall not be changed without the prior approval of the Registrar of Societies.

CLAUSE 3 OBJECTIVE

  • 3.1 The advancement of opportunities for and promoting and increasing the participation of women in all levels of judicial, legal and public institutions

  • 3.2 To seek equal rights for women under the laws of the country and to assist/facilitate a change of any law which impedes the growth and advancement of women in any field.

  • 3.3 To provide education and research and to create gender sensitization and awareness in legal and related fields of women’s rights in furtherance of the cause of balancing gender equality and preventing injustice in any and all sectors of Association.

  • 3.4 The protection of women.

  • 3.5 To monitor laws, legislation, policies and practice directions and to advocate reforms that ensure promotion of equality and eradication of all forms of discrimination against women.

  • 3.6 To promote the adoption and implementation of international human rights standards, principles and norms.

  • 3.7 To collaborate nationally, regionally and internationally with interested groups that share similar aims and objectives for the advancement of women causes in any and all sectors of Association.

  • 3.8 To provide a professional and social network for women lawyers and law graduates in Malaysia

CLAUSE 4 MEMBERSHIP

  • 4.1 There shall be three types of members :

    • 4.1.1 Ordinary Members

      Who shall be any woman who is an advocate and solicitor or possesses a legal qualification.

    • 4.1.2 Associate Members

      Who shall be women law students residing in Malaysia. Associate Members who must be 18 years old and above, shall not have the right to vote and hold office.

    • 4.1.3 Honorary Members

      Any woman who has attained prominence in the legal profession may, with the approval of the General Meeting, be invited by the Executive Committee to be an Honorary Member of the Association. Honorary Members have no voting rights and will enjoy a waiver from payment of any prescribed fees unless otherwise decided by voting at Annual General Meeting.

  • 4.2 All persons qualified to become Ordinary or Associate members of the Association who shall be of at least 18 years old, may submit their application form together with payment of the requisite registration and annual subscription fees to the Executive Committee who retains the discretion to admit/reject applicants without assigning any reason thereto.

  • 4.3 Every proposal for admission for Honorary Membership shall be proposed and seconded by 2 existing Ordinary members who shall submit brief background facts of the candidate, and the proposal shall be tabled for consideration and determination at the Annual General Meeting.

  • 4.4 The Honorary Secretary as directed by the Executive Committee shall keep a register of Ordinary, Associate or Honorary members and amend or delete such entry therein as the circumstances may require.

CLAUSE 5 RESIGNATION AND TERMINATION

  • 5.1 Any member of the Association may, on giving one month’s notice to the Executive Committee, withdraw from the Association. Provided that she shall have paid all sums due to the Association and the Association reserves all rights in the event of default of the same.

    • 5.1.1 Notice of withdrawal shall be addressed to the Honorary Secretary of the Association.

    • 5.1.2 Any member who fails or has failed to comply with the rules of the Association or has acted in the opinion of the Executive Committee, in a manner which brings disrepute to the Association or acted against the interests of the Association, may be expelled or suspended for a period of time as the Executive Committee deems fit.

    • 5.1.3 Before the Executive Committee expels or suspends the member, the member shall be informed of the grounds for such expulsion or suspension in writing and be given an opportunity to explain and absolve herself in person. Such suspension or expulsion shall be enforced unless reversed by a General Meeting upon appeal by the member.

CLAUSE 6 SOURCE OF INCOME

  • 6.1 Registration And Annual Subscription Fees

    • 6.1.1 The non-refundable registration fee payable by every Ordinary and Associate Member shall be RM10/- (or any such sum as from time to time approved at the Annual General Meeting).

    • 6.1.2 There shall be payable by Ordinary Members and Associate Members as annual subscription of RM30/- and RM10/- respectively (or any such sum as from time to time approved at Annual General Meeting, such annual subscriptions shall become payable;

    • 6.1.2.1 In the case of existing Ordinary and Associate Members, no later than the date of the Annual General Meeting each year; and

    • 6.1.2.2 In the case of new admission, at the time the registration fee is payable which is no later than 7 days upon being informed of the approval of the application by the Executive Committee.

    • 6.1.3 Any member failing to pay the annual subscription or any sum due to the Association, within six months of such subscription or sum being due, shall be deemed to have withdrawn from the Association; but the Executive Committee may reinstate such member upon a new application made by her.

  • 6.2 Fundraising

    Any fundraising conducted by the Association must adhere to the Fundraising Policy guidelines of the Association.

CLAUSE 7 GENERAL MEETING

  • 7.1 The supreme authority of the Association is vested in a General meeting of the members. There shall be two types of General Meetings.

    • 7.1.1 Annual General Meeting; and

    • 7.1.2 Extraordinary General Meeting.

  • 7.2 Attendance at General Meetings may be in person or by proxy; and proxies must be appointed in writing by the Absentee member, submitted to the Honorary Secretary at least three (3) days before any General Meeting and shall not be held otherwise than by Ordinary Members of the Association.

  • 7.3 Quorum

    The quorum for a General Meeting shall be one-half the total ordinary members or twice the number of Executive Committee Members present (whichever is the lesser).

  • 7.4 Voting

    In any General Meeting each Ordinary Member shall have one vote and where there is an equality of votes the Chairman shall have the casting vote.

  • 7.5 Chairperson of AGM

    • 7.5.1 The President of the Association, if present, shall be the Chairperson of all General Meetings of the Association and at all meetings of the Executive Committee.

    • 7.5.2 The Vice-President, in the absence of the President, shall be the Chairperson at all General Meetings of the Association and at all meetings of the Executive Committee.

    • 7.5.3 If both the President and Vice-President are absent, those present shall elect a Chairperson from their numbers present.

  • 7.6 Annual General Meeting

    • 7.6.1 The Annual General Meeting shall be summoned by the Executive Committee within four months of the close of the Financial Year and shall be held at the date, time and place to be fixed by the Executive Committee.

    • 7.6.2 Notice of the meeting, together with a copy of the Annual Report, audited statement of accounts for the previous year and the Agenda of the Annual General Meeting shall be sent to every member not less than fourteen (14) days before the date fixed for the meeting.

    • 7.6.3 The Agenda of the Annual General Meeting shall be drawn up by the Executive Committee and shall include :-

    • 7.6.3.1 The Executive Committee’s Annual Report of the year’s working of the Association in the year immediately preceding and the Honorary Treasurer’s statements of receipts and payments and a balance sheet for the previous year.

    • 7.6.3.2 The election of the President, the Vice-President, Honorary Secretary, Assistant Secretary, Honorary Treasurer, Assistant Treasurer, three Ordinary Committee Members and two Honorary Auditors for the ensuing term.

    • 7.6.3.3 Such items as may be decided on by the Executive Committee or put before it. 7.6.4 If at a time fixed for an Annual General Meeting there shall not be a quorum, within an hour, the Chairperson of the meeting shall postpone the meeting to a date not less than seven (7) and not more than fourteen (14) days later and the Agenda at the postponed meeting shall be the same as that fixed for the original meeting and decision may be made at the postponed meeting without regard to the number of members present but such decision shall not alter the rules of the Association or affect the whole membership.

    • 7.6.5 If at such postponed meeting the quorum is not present at the time appointed for holding the adjourned meeting, the members present shall constitute the quorum.

  • 7.7 Extraordinary General Meeting

    • 7.7.1 The Executive Committee may on its own notion and shall on the requisition in writing of not less than ten Ordinary Members, summon an Extraordinary General Meeting. Extraordinary General Meeting requisitioned by the members shall be held within thirty (30) days from the date of the receipt of the requisition.

    • 7.7.2 Notice summoning the Extraordinary General Meeting shall be sent to members not less than fourteen (14) days before the date fixed for the meeting and shall state the subject or subjects to be discussed at the meeting; and no subject other than those stated in the Notice shall be discussed at the Meeting.

    • 7.7.3 If at the time fixed for the Extraordinary General Meeting there shall be no quorum, the Chairman shall declare the meeting dissolved and the Executive Committee or the persons on whose requisition the Extraordinary General Meeting was summoned shall, if they wish to have a fresh meeting summoned, take the steps laid down for summoning an Extraordinary General Meeting.

CLAUSE 8 COMMITTEE

  • 8.1 Executive Committee

    • 8.1.1 The function of the Executive committee is to organise and supervise the day- to-day activities of the Association and to make decisions on matters affecting its running within the general policy laid down by the General Meeting.

    • 8.1.2 The Executive Committee may not act contrary to the express 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 General Meeting on its activities during the previous year.

    • 8.1.3 The Executive Committee which shall consist of the following, who shall be termed the Office-bearers of the Association:-

    • 8.1.3.1 The President 8.1.3.2 The Vice-President 8.1.3.3 The Honorary Secretary 8.1.3.4 The Assistant Secretary 8.1.3.5 The Honorary Treasurer

    • 8.1.3.6 The Assistant Treasurer 8.1.3.7 Three Ordinary Committee Members

    • 8.1.4 A term in office for the Office Bearers shall consist of two years.

    • 8.1.5 The Executive Committee shall give instructions to the Honorary Secretary and other officers for the conduct of the affairs of the Association. It may appoint such organisers and such staff as it deems necessary. It may suspend or dismiss any organiser or member of the staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Executive Committee, or for any reason which it deems sufficient in the interest of the Association

    • 8.1.6 Between General Meetings, the Executive Committee shall interpret the rules of the Association and when necessary determine any point on which the rules are silent. Except where they are contrary to or inconsistent with the policy previously laid down by General Meeting, the decisions of the Executive Committee shall be binding on all members of the Association unless and until countermanded by a resolution of a General Meeting.

  • 8.2 Election of Executive Committee

    • 8.2.1 Election of office bearers of the Executive Committee shall be held every second year (‘Election Year’).

    • 8.2.2 Any vacancy among the Members of the Executive Committee may be filled by appointment by the Executive Committee until the next election.

    • 8.2.3 Names for the above offices of the Executive Committee shall be proposed and seconded and election will be by a simple majority of the Ordinary Members at the Annual General Meeting.

    • 8.2.4 In respect of each of the positions of President, Vice-President, Secretary, Treasurer, the Office-bearers concerned may only serve in that position for a maximum of 2 consecutive terms, after which she cannot be re-elected to that position for at least one(1)term.

    • 8.2.5 All members of the Executive Committee and every officer performing executive functions in the Association shall be Malaysian Citizens.

  • 8.3 Meeting of Executive Committee

    • 8.3.1 The Executive Committee shall meet as and when necessary to carry out the business of the Association but not less than once in six months and seven days notice of each meeting shall be given to the members.

    • 8.3.2 One-half the total number of Executive Committee members shall form a quorum and voting shall be by a simple majority.

    • 8.3.3 An Executive Committee Member who fails to attend three (3) successive Executive Committee meetings of which due notice is given, without adequate reasons acceptable to the Executive Committee shall be deemed to have resigned from the Executive Committee.

    • 8.3.4 The Executive Committee shall have the discretion to appoint such numbers of Co-opted Member(s) as deemed necessary and the Co-opted Member(s) shall not have voting rights in the Executive Committee meetings.

CLAUSE 9 DUTIES OF OFFICE BEARERS

  • 9.1 The President shall during her 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. She shall have the casting vote and shall sign the minutes of each meeting at the time they are approved. She may in conjunction with either the Vice-President or the Honorary Treasurer, sign all cheques on behalf of the Association.

  • 9.2 The Vice President shall deputise for the President during the latter’s absence. She may in conjunction with either the President or the Honorary Secretary, sign all cheques on behalf of the Association.

  • 9.3 The Honorary Secretary shall conduct the business of the Association in accordance with its rules and shall carry out the instructions of the General Meeting and of the Executive Committee. She shall be responsible for summoning all General meetings and all meetings of the Executive committee and as such, responsible for sending out relevant notices for the meetings; keeping minutes of all meetings; conducting all correspondence and keeping all books, documents and papers except the accounts and financial records and keeping the membership register. She may in conjunction with either the President or the Honorary Treasurer, sign all cheques on behalf of the Association.

  • 9.4 The Assistant Secretary shall assist the Honorary Secretary in carrying out her duties and shall act for her in her absence.

  • 9.5 The Honorary Treasurer shall be responsible for the control of the finances of the Association. She shall keep accounts of all its financial transactions and shall be responsible for their correctness. She is responsible to keep all monies exceeding RM500 in the bank and may keep petty cash not exceeding RM500 or any such sum as deemed fit from time to time by the Executive Committee. She may under instructions of the Executive Committee make all payments on behalf of the Association. She is also to keep a subscription book and prepare a statement of all receipts and payments during the financial year for audit and presentation to the Annual General Meeting. She may in conjunction with either the President or the Vice President, sign all cheques on behalf of the Association.

  • 9.6 The Assistant Treasurer shall assist the Honorary Treasurer in carrying out her duties and shall act for her in her absence.

  • 9.7 Ordinary Committee Members

    • 9.7.1 Ordinary Committee Members shall carry out such duties as directed by the the Executive Committee.
  • 9.8 Co-opted Executive Committee Member(s)

    • 9.8.1 The Co-opted Member(s) shall carry out such duties as directed by the Executive Committee.

CLAUSE 10 FINANCIAL PROVISION

  • 10.1 The financial year of the Association shall commence on 1st January and shall end on 31st December of each year.

  • 10.2 No expenditure exceeding RM500/- in any one time or such sum as determined by the Executive Committee from time to time, shall be incurred without the prior sanction of the Executive Committee;

  • 10.3 All monies exceeding RM500 shall be deposited in the bank and the Honorary Treasurer may keep petty cash not exceeding RM500 or any such sum as deemed fit from time to time by the Executive Committee.

  • 10.4 The Association shall maintain at least one (1) account with a bank and may maintain more than one (1) account with the same or any other bank or banks as decided by the Executive Committee. All bank accounts of the Association shall be in the name of the Association.

  • 10.5 The Honorary Treasurer, the President and the Vice President shall operate and be signatories to the account(s) of the Association. Signatories will be the Treasurer and one of the other two mentioned above. Any transaction shall be valid if authorized by any two (2) of the three (3) signatories for all bank account(s) in the name of the Association.

CLAUSE 11 AUDITORS

  • 11.1 The Association shall elect at the Annual General Meeting amongst its members at least 2 persons to act as its Honorary Auditors. Such persons shall not be members of the Executive Committee. The Honorary Auditors shall hold the position for two (2) years.

  • 11.2 The statements of receipts and payments along with the accounts of the Association shall be audited by the two Honorary Auditors at least once a year.

  • 11.3 The Executive Committee reserves the right to appoint external auditors as and when it deems necessary

CLAUSE 12 PROPERTY ADMINISTRATOR / TRUSTEES

  • 12.1 Three Trustees, who must be over 21 years of age, shall be appointed at a General Meeting and shall hold office during the pleasure of the Association. They shall have vested in them all immovable property whatsoever belonging to the Association upon execution of a Deed of Trust.

  • 12.2 The Trustees shall not sell, withdraw or transfer any of the property of the Association without the consent and authority of a General Meeting of members.

  • 12.3 A Trustee may be removed from office by a General Meeting on the grounds 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.

CLAUSE 13 INTERPRETATION

  • 13.1 Between Annual General Meetings the Executive Committee 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 Executive Committee shall be binding on all members of the Association unless and until countermanded by a resolution of a General Meeting.

CLAUSE 14 ADVISOR / PATRON

  • 14.1 A Patron of the Association, subject to the Patron’s consent, shall be a distinguished person as may be appointed by a resolution of an Annual General Meeting.

CLAUSE 15 PROHIBITION

  • 15.1 The Association shall not indulge in any activity that is detrimental to the Association and/or contrary to the objectives of the Association.

CLAUSE 16 AMENDMENT OF CONSTITUTION

  • 16.1 The Constitution may be amended by a majority of two-thirds of the Ordinary Members present in person at the General Meeting.

  • 16.2 Particulars of all amendments shall be sent to all members in the notice calling the meeting.

  • 16.3 Such amendments shall be forwarded to the Registrar of Societies for approval no later than 60 days after the General Meeting.

  • 16.4 Such amendments shall not be enforced without the prior approval of 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 ordinary membership.

  • 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 the dissolution shall be made known to the Registrar within 14 days of such dissolution.

CLAUSE 18 FLAG, LOGO AND BADGE

  • 18.1 Flag

    - Description -

  • 18.2 Logo

    - Description -

  • 18.3 Badge

    - Description -

(Constitution reproduced verbatim from the e-Roses system)