Professional Documents
Culture Documents
Constitution Without Boxes - 200521
Constitution Without Boxes - 200521
CONSTITUTION
1 Name 4
2 Emblem 5
3 Headquarters 5
4 Movement 5
5 Common Seal 5
6 Honoraries 5
7 Objects 6
8 Duties 6
9 Structure 7
10 Code of Conduct 7
PART II - MEMBERSHIP
11 Admission of Members 8
12 Members 8
13 Register of Members 8
14 Duties and Rights of Members 8
15 Cessation of Membership 9
16 Disciplinary Action 9
17 Volunteers and Staff 9
18 Definition 10
19 Composition 10
20 Election 11
21 Responsibilities 11
22 Meetings 12
23 Definition 13
24 Composition 13
25 Duties and Responsibilities 13
26 Meetings 14
27 Composition 15
28 Meetings 15
29 National Chairperson 15
1
30 National Deputy Chairperson 16
31 National Treasurer 16
32 Secretary General 16
33 Composition 17
34 Election 18
35 Meetings 18
36 Definition 19
37 Honoraries 19
38 Composition 19
39 Election 20
40 Duties and Responsibilities 21
41 Meetings 21
42 Definition 23
43 Honoraries 23
44 Composition 23
45 Election 24
46 Duties and Responsibilities 24
47 Meetings 25
PART IX – UNITS
48 Definition 26
49 Financial Year 27
50 Financial Regulations 27
51 Bank Accounts 27
52 Vesting of Properties 27
53 Fundraising 28
54 Trustees 28
55 Indemnity 29
PART XI - COMMUNICATIONS
56 External Communication 29
57 Internal Communication 29
58 Broadcasting and Publishing 30
59 Representation 30
2
PART XII- FINAL PROVISIONS
60 Interpretation 30
61 Amendments to Articles 31
62 Dissolution of Society 31
63 Citation 31
64 Entry into force 32
SCHEDULE 1 32
FUNDAMENTAL PRINCIPLES
SCHEDULE 2 33
EMBLEM
3
ARTICLE PARTICULARS MARGINAL NOTE
PREAMBLE
PART I
GENERAL PROVISIONS
2 .1 The Society has as its emblem the distinctive sign of the red Emblem
crescent on a white background as depicted in the Schedule 2
hereto as prescribed in the Act and shall be used in accordance
with the laws of Malaysia and the 1949 Geneva Conventions.
5 The Common Seal of the Society, as approved by the National Common Seal
Council, shall be held by the Secretary General and may only be
affixed to any document pursuant to a resolution of the National
Council.
6 .1 His Majesty the Seri Paduka Baginda Yang Di-Pertuan Agong Honoraries
shall be the Patron of the Society.
7 In pursuing the objects and purposes set out in Sections 4 and 5 of Objects
the Act, performing the duties as a member of the Federation,
being a component of the Movement and undertaking its role as
auxiliary to the public authorities in the humanitarian field, the
Society will at all times maintain its autonomy and act in
accordance with the Fundamental Principles as set out in the
Schedule 1 hereto.
.3 Chapter;
.4 Branch; and
.5 Unit.
10 .1 All elected officials of the Society shall execute and commit to Code of Conduct
the Code of Conduct of the Society as approved by the National
Council when filing their nominations as candidates for the election
to office.
PART II
MEMBERSHIP
12 .1 A person Members
.2.1 Provided that they are citizens of Malaysia, and not holding an
Honorary position in the Society, to vote where he is entitled to
attend the meeting and hold an elected office of the Society;
16 .1 Any member who violates any provision of this Constitution shall Disciplinary Action
be disciplined in accordance with the Regulations established by
the National Council.
9
.1.3 need not be members of the Society and may be any person
without any discrimination based on nationality, race, class,
gender, creed, language, age, disability, ethnicity, social
background, political considerations and any other similar grounds.
.2.1 are those who sign a contract of employment with or who are
appointed as permanent employees of the Society;
.2.3 will carry out their functions and services within the terms and
regulations as determined by the National Council and always
working in accordance with the Fundamental Principles and this
Constitution.
PART III
THE NATIONAL COUNCIL
18 The National Council is the supreme deliberative body with power Definition
to regulate and control all the affairs of the Society in accordance
with the Act and the decision of the National Council shall be final
and binding.
.6 The holder of any office may resign at any time by giving notice
in writing to the Secretary General and shall take effect
immediately upon receipt of such notice by the Secretary General.
21 For the purpose of carrying out the objectives of the Society, the Responsibilities
National Council shall exercise all such powers that are in
conformity with the Act and in particular shall have the
responsibility to:
.1 carry out the objectives of the Society and may delegate such
11
responsibilities as it may consider necessary;
.15 establish such trust funds and foundations for such purposes
and with such powers of reference and in connection thereto
appoint Trustees of such trust funds and foundations;
22 .1 The National Council shall hold at least two (2) ordinary Meetings
meetings in each calendar year at such places as may be
determined.
PART IV
GOVERNING BOARD
13
.1.8 ex-officio, the Secretary General.
25 The Governing Board is vested with the duties and responsibilities Duties and
delegated to it by the National Council, in particular to: Responsibilities
.3 carry out the functions of the Society and appoint national and
ad-hoc committees and their chairperson for specific purposes
with such powers as may be deemed necessary;
26 .1 The Governing Board shall meet not less than once every three Meetings
(3) months per calendar year at such places as may be
determined.
PART V
PRINCIPAL OFFICE BEARERS
29 .1 The National Chairperson, being the highest office bearer of the National
Society, shall be responsible to the National Council for ensuring Chairperson
that the Society pursues its general objectives and performs its
functions properly and in accordance with this Constitution.
.2.1 to convoke the National Council, the Governing Board and the
meeting of the Principal Office Bearers;
.2.7 to carry out any other function entrusted to him by the National
Council.
30 The National Deputy Chairperson or any of the National Vice- National Deputy
Chairperson shall: Chairperson
31 The National Treasurer shall have the primary supervisory role in National Treasurer
the overall financial affairs of the Society and in doing so shall:
.2 together with the Secretary General, ensure that full and true
statements of accounts of the Society are kept and that all such
accounts are audited and certified by the Auditors;
32 .1 The Secretary General, shall be the Chief Executive Officer of Secretary General
the Society and be responsible to the National Council, the
Governing Board and the National Youth Council for the day to
day administration and activities of the Society.
.2.8 with the advice of the National Treasurer, ensure that a true
and proper annual budget of the Society be drawn up and properly
administered and executed;
.2.10 together with the National Treasurer, ensure that the Audited
Annual Accounts and Annual Report of the Society be prepared
for submission to the Governing Board for consideration and final
approval by the National Council; and
PART VI
NATIONAL YOUTH COUNCIL
35 .1 The National Youth Council shall hold at least two (2) ordinary Meetings
meetings in each calendar year at such places as may be
determined from time to time.
PART VII
CHAPTER
36 A Chapter shall carry out the activities of the Society exclusively Definition
within its respective State or Federal Territory Provided always
that should there be a need for any humanitarian assistance to be
carried out outside its own defined territory, such assistance may
be carried out with the consent of the affected Chapter.
.9 The holder of any office may resign at any time by giving notice
in writing to the Chapter Secretary and shall take effect
immediately upon receipt of such notice by the Chapter Secretary,
and in the case of the Chapter Secretary he shall give notice in
writing of his resignation to the Chapter Chairperson.
40 The Chapter Committee is vested with the duties and Duties and
responsibilities delegated to it by the Governing Board, in particular Responsibilities
to:
22
.4.5 the consideration of any matters of which not less than seven
(7) days’ notice shall be given.
PART VIII
BRANCH
.9 The holder of any office may resign at any time by giving notice
in writing to the Branch Secretary and shall take effect
immediately upon receipt of that notice by the Branch Secretary.
46 The Branch Committee is vested with the duties and Duties and
responsibilities delegated to it by the Chapter Committee, in Responsibilities
particular to:
25
.7 Appoint ad-hoc committees as it thinks fit for any specific
purpose and such ad-hoc committees shall be the subject of and
conform to the directions of the Branch Committee.
.5.5 the consideration of any matters of which not less than seven
(7) days’ notice shall be given.
.7 In the event the Branch Committee shall fail to submit its Annual
Report and/or its Audited Annual Accounts as prescribed, the
powers vested in the Branch Committee shall be suspended
forthwith and the same shall be carried out by the Chapter
Committee until such date that the Branch Committee is able to
26
comply with this obligation or as shall be directed by the Chapter
Committee.
PART IX
UNITS
48 .1 The Society may create uniform Units to carry out certain Definition
activities:
PART X
PROPERTY AND FINANCE
49 The financial year of the Society shall be from the 1st day of Financial Year
January to the 31st day of December of the calendar year.
50 .1 The National Council shall establish rules and regulations for the Financial
administration and management of the finances of the Society. Regulations
27
.2 The Society shall keep the book of accounts as may be required
under the law and these shall be audited annually by the Auditors
appointed by the National Council.
.4 Funds held by the Society, including for the time being kept by a
Chapter or any of its Branches and Units, shall be used for the
attainment of the objectives and purposes as laid down in these
Constitution.
51 Bank accounts shall be in the name of the Society and may be Bank Accounts
operated by a resolution of the Governing Board, Chapter
Committee or Branch Committee, as the case may be.
52 .1 All properties of the Society, including for the time being kept or Vesting of Properties
held by a Chapter or Branch, shall belong to and be vested in the
Society as provided in Article 11 of the Act and the income of such
property shall be applied in accordance with Article 12 of the Act;
53 .1 Within the limits laid down by the objectives and purposes in this Fundraising
Constitution, the Society may without restriction deal with any
private or public organizations to:
.1.2 with the prior consent of the National Council, obtain, raise or
borrow money and give security for money by charge upon all or
any part of the property of the Society in any manner and on such
conditions as may be deemed suitable;
.1.4 procure the services of certified advisors and experts for the
purpose of investment and management of the property and assets
of the Society and pay all reasonable expenses wholly, exclusively
and necessarily incurred in respect thereof;
55 All members of the National Council, the Governing Board and all Indemnity
committees of the Society and other officials and salaried staff for
the time being shall in addition to any indemnity given to them by
law, be indemnified by the Society for any acts or deeds done in
the proper performance of his duty for or in the name of the
Society.
PART XI
COMMUNICATIONS
.2.2 All matters requiring the attention of the respective State and
Federal Territory governmental authorities shall be submitted
thereto through the relevant Chapter Chairperson or Chapter
Secretary. Copies of all such communications shall be forwarded
to the Secretary General.
58 No member or salaried staff of the Society other than the National Broadcasting and
Chairperson, the Secretary General, Chapter Chairperson, Publishing
Chapter Secretary, Branch Chairperson or Branch Secretary or
such other senior staff delegated with such responsibility shall
make statements to the press, broadcast or publish any
communication concerning the Society without the prior consent of
the Governing Board, the Chapter Committee or the Branch
Committee, as the case may be.
PART XII
FINAL PROVISIONS
30
60 .1 In this Constitution unless the context otherwise requires: Interpretation
“Youth” means a member not more than thirty (30) years old.
31
.2 In the event of inconsistency between the provisions of the Act
and this Constitution the provisions of the Act prevails.
.5.1 Words and expressions defined in the Act shall have the
same meaning when used or referred to these Rules.
.5.3 Headings and the index are for ease of reference only and
shall not affect the interpretation of these Rules.
64 This Constitution shall come into force immediately upon the same Entry into force
being approved by the National Council.
SCHEDULE 1
FUNDAMENTAL PRINCIPLES
(1) HUMANITY
The International Red Cross and Red Crescent Movement, born of
a desire to bring assistance without discrimination to the wounded
on the battlefield, endeavours, in its international and national
capacity, to prevent and alleviate human suffering wherever it may
32
be found. Its purpose is to protect life and health and to ensure
respect for the human being. It promotes mutual understanding,
friendship, cooperation and lasting peace amongst all peoples.
(2) IMPARTIALITY
It makes no discrimination as to nationality, race, religious beliefs,
class, or political opinions. It endeavours to relieve the suffering of
individuals, being guided solely by their needs, and to give priority
to the most urgent cases of distress.
(3) NEUTRALITY
In order to continue to enjoy the confidence of all, the Movement
may not take sides in hostilities or engage at any time in
controversies of a political, racial, religious or ideological nature.
(4) INDEPENDENCE
The Movement is independent. The National Societies, while
auxiliaries in the humanitarian services of their governments and
subject to the laws of their respective countries, must always
maintain their autonomy so that they may be able at all times to
act in accordance with the principles of the Movement.
(6) UNITY
There can be only one Red Cross or one Red Crescent Society in
any one country. It must be open to all. It must carry on its
humanitarian work throughout its territory.
(7) UNIVERSALITY
The International Red Cross and Red Crescent Movement, in
which all Societies have equal status and share equal
responsibilities and duties in helping each other, is worldwide.
SCHEDULE 2
EMBLEM
33
34