Constitution

The Constitution of Pertubuhan Kejuruteraan Jalan Malaysia (Road Engineering Association of Malaysia)

1.   NAME

The name of this body shall be taken as Pertubuhan Kejuruteraan Jalan Malaysia (The Road Engineering Association of Malaysia) (hereinafter referred to as REAM).

 

2.   REGISTERED OFFICE

The registered office of REAM shall be at the office of the Director-General of Public Works, Public Works Department Malaysia Headquarters, Jalan Sultan Salahuddin, 50582 Kuala Lumpur, Malaysia or at such place or places as may from time to time be decided on by the Council. The registered place of business of REAM shall not be changed without the prior approval of the Registrar of Societies.

 

3.   OBJECTIVES

      The objectives of REAM shall be:

  • a. to promote and advance the science and practice of road engineering and related professions;

  • b. to encourage communication between persons charged with the technical responsibility for the planning, design, construction and maintenance of roads and allied structures;

  • c. to obtain and diffuse among the members, information on road engineering and related matters affecting the profession, subject to the prior approval from the authority concerned to print, sell, publish, issue and circulate the records of transactions of the Road Engineering Association of Asia and Australasia (hereinafter referred to as REAAA) or any papers, periodicals, books, circulars and other literary understandings or any extracts there from as may seem conducive to any of these objects;

  • d. to educate and seek to improve, extend and elevate the technical and general knowledge of members and persons concerned with road engineering;

  • e. to serve as a focal point for exchange of ideas related to road engineering;

  • f. to conduct, encourage and collate research in road engineering;

  • g. to formulate and establish standards, guidelines and specifications for road engineering in Malaysia;

  • h. to establish, form and maintain an index of available existing literature and articles of interest in connection with road engineering;

  • i. to co-operate, as may seem conducive to any of these objects, with national and international organisations and to support and supplement their work;

  • j. to foster membership in Malaysia and to seek means to assure benefits for Malaysian REAAA members; and

  • k. to foster and support Malaysian participation in the activities of REAAA.

4.   MEMBERSHIP

  1. Membership of REAM shall be exclusive to all grades of current members of the REAAA who are recorded in its Register of Members as residents in Malaysia.

  2. Membership in REAM shall be of six (6) grades: Honorary, Ordinary, Institutional, Affiliate, Associate and Life.

  3. Membership rights and privileges:

  1. Each Ordinary, Institutional, Associate and Life Member shall be entitled to one vote on each matter submitted to membership vote.

  2. The vote of an Institutional Member shall be exercised through its authorised representative.

  3. Election to the Offices of the Association shall be the privilege of the Ordinary, Life and Institutional Members only.

  4. Honorary and Affiliate Members shall be entitled to all rights and privileges of members in the Association except the right to vote and hold office in the Association.

 

5.   MEMBERSHIP QUALIFICATIONS

The requirements for admission shall be:

a.   Honorary Membership

A person of outstanding eminence and long experience in the science and practice of some phase of road engineering and has contributed outstanding services to REAM may be elected to Honorary Membership by the recommendation of the Council and the approval by members carrying a simple majority vote by ballot.

b.   Ordinary Membership

A person who is professionally qualified or has a minimum of five years’ experience in road related field and who is actively involved in the science and practice of road engineering.

c.   Institutional Membership

A professional institution, association, firm, company, organisation or other similar body whose activities include the science and practice of road engineering or are concerned with road engineering and related professions.

d.   Affiliate Membership

An institution, association or organisation whose main objectives are similar to those of REAM and who are willing to reciprocate a similar class of membership with REAM.

e.   Associate Membership

A person who is keenly interested in the science and practice of road engineering but is not eligible for election to other grades of membership.

f.   Life Membership

A person who is professionally qualified or has a minimum of five years’ experience in road related field and who is actively involved in the science and practice of road engineering or any elected individual member by payment of an up-front fee, the level of which is to be decided by the Council from time to time and listed in clause 7 (c) or any elected individual member by being active for more than fifteen (15) continuous years and has reached the age of 65 years.

 

6.   APPLICATION FOR MEMBERSHIP

a.   All applications for membership shall be proposed by two (2) members and shall be submitted on the prescribed membership application form as a­­­­pproved or modified by the Council of REAM from time to time containing all the details required thereon in full to the Honorary Secretary General of REAM who shall cause them to be placed before the Council for consideration and approval.

The Council shall undertake to admit the approved applicant to be a member of REAM in the respective grade.

 

7.   ENTRANCE FEES AND ANNUAL SUBSCRIPTION

Entrance fees, subscriptions and other dues shall be as follows:

a.   The entrance fee shall be sixty Ringgit (RM 60.00) for Ordinary and Associate Members, comprising fifty Ringgit (RM 50.00) as entrance fee for REAAA membership and ten Ringgit (RM 10.00) as entrance fee for REAM membership; and one thousand one hundred Ringgit (RM 1,100.00) for Institutional Members, as entrance fee for REAAA membership.

b.   The annual subscription shall be sixty Ringgit (RM 60.00) for Ordinary and Associate Members, comprising fifty Ringgit (RM 50.00) as annual subscription fee for REAAA and ten Ringgit (RM 10.00) as annual subscription fee for REAM; and one thousand one hundred Ringgit (RM 1,100.00) for Institutional Members, comprising eight hundred eighty Ringgit (RM 880.00) as annual subscription fee for REAAA and two hundred twenty Ringgit (RM 220.00) as annual subscription fee for REAM.

Provided, however, that if a current member of REAM has reached the age of 55 years and plays an active role in the field of road engineering and has been an active member of REAAA/REAM for more than 15 continuous years, then the annual subscription fee can be reduced by fifty per cent (50%) upon application to the Council.

c.   The Life Membership fee shall be ten percent (10%) of the amount determined by the following formula:

X(55-Y) where X is the Ordinary Member's annual subscription fee. Y is the age of the applicant at the time of application in that particular year. However, the fee must not exceed twenty (20) or be less than ten (10) times the Ordinary Member's annual subscription fee determined at the time of application.

d.   Honorary and Affiliate members shall not be required to pay entrance fee and annual subscription.

e.   The entrance fee and annual subscription fee above may be amended from time to time at a General Meeting or by Circular Resolution.

f.   Annual subscription shall be due and payable on the 1st day of January of each year. In the case of a new member the entrance fee and annual subscription fee shall be payable as soon as the member has been advised on his election as a member and thereafter on the 1st day of each and every calendar year.

g.   A member elected after the first day of July in any year shall pay one-half the subscription fee for the year and thereafter at the full subscription rate on the 1st day of January of each and every calendar year.

h.   No candidate who has been elected a member shall be entitled to the privileges of membership until payment of the entrance fee and the first annual subscription fee has been made. If such entrance fee and subscription fee are not paid within sixty (60) days after the Honorary Secretary General has advised the candidate of his election as a member, such election shall be void and of no effect whatsoever.

i.   A member failing to pay his subscription and/or fulfill his financial obligations of any kind whatsoever towards REAM for a period of twelve (12) months after they fall due shall automatically have his rights and privileges temporarily suspended provided that prior written notice by the Honorary Secretary General has been given to him at his last known address. If after three (3) months, the subscription and/or financial obligations remain unpaid, the said member may, at the discretion of the Council, be deleted / terminated from the roll of membership.

j.   The Council shall be further empowered to take any action as in its absolute discretion it deems necessary relating to the payment of subscription, entrance fee and all other fees / monies due / owing to REAM.

 

8.   (a) MANAGEMENT

i.   The management of REAM shall be vested in a Council (hereinafter referred to as the Council) comprising the following:

  • President

  • Two (2) Deputy Presidents

  • Immediate Past President (Ex-Officio)

  • Past President (Ex-Officio)

  • Honorary Secretary General

  • Honorary Treasurer General and

  • Ten Ordinary Council Members

iii.   All office-bearers of REAM and every officer performing executive functions in REAM shall be Malaysian citizens.

iv.   The President, Deputy Presidents, Honorary Secretary General, Honorary Treasurer General and up to ten (10) Ordinary Council Members shall be elected once every two (2) years at the General Meeting.

v.   The Council may co-opt not more than five (5) other Ordinary Members for varying duration within its term of office.

vi.   The Council may from time to time appoint Committees whose members shall be nominated by the Council.

vi.   The Immediate and Past Presidents shall be the former Presidents.

 vii. In the event any office of Council becomes vacant during a Council term the      Council at its sole discretion may appoint any qualified member of the Association to fill the vacancy until the next General Meeting.                              

 

(b) DUTIES OF OFFICE-BEARERS

i.   The President shall during his term of office preside at all General Meetings and all meetings of the Council and shall be responsible for the proper conduct of all such meetings. He shall, in conjunction with the Honorary Secretary General and Honorary Treasurer General, sign all cheques on behalf of REAM.

ii.   The Deputy President shall deputise for the President during the latter's absence.

iii.    All Past Presidents who are invited and expressed their willingness to serve shall be in the Council as advisers.

iv.   The Honorary Secretary General shall   conduct the business of REAM 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 meetings, and record the proceedings. He shall maintain a proper membership register of the 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 Honorary Treasurer General he shall sign all cheques on behalf of REAM.

v.   The Honorary Treasurer General shall be responsible for the finances of REAM. 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 Honorary Secretary General sign all cheques on behalf of REAM.

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

 

9.   MEETINGS OF THE COUNCIL

a.   A meeting of the Council (hereinafter referred to as the Council Meeting) shall be held at the time of the General Meeting of REAM and as often thereafter as the Council may see fit and so order.

b.   For the purpose of a Council Meeting, at least one half (1/2) of the Council must be present for its proceedings to be valid and to constitute a quorum and not less than five (5) days’ notice shall be given to all members concerned.

 

10.   CIRCULAR RESOLUTION

a.   If five (5) or more Council Members suggest / propose in writing certain resolution (s), the Honorary Secretary General shall prepare and send to all Council Members the proposed resolution(s) as Circular Resolution(s). Such Circular Resolution(s) shall be taken as approved if, within the stipulated time, not less than fifty percent (50%) of the Council Members approve.

b.   Failure on the part of any Council Member to give a reply in respect of the Circular Resolution(s) (referred to) in Clause (a) of Article 10 herein within the time specified in the letter / notice / circular shall be deemed as an approval on the part of that Council Member.

 

11.   GENERAL MEETING

a.   The General Meeting of REAM shall be held as soon as possible after the close of each financial year but not tater than the month of April on a time and at a place to be decided by the Council.

b.   Notice concerning the General Meeting together with the audited annual accounts of the previous year shall be sent to all REAM members not less than fourteen (14) days before the meeting. Papers for discussion shall be distributed at least seven (7) days in advance.

c.   A quorum of, at least one half (1/2) of the total voting membership of REAM or the voting members present represent twice the number of Council Members, must be present at a General Meeting for its proceedings to be valid and to constitute a quorum.

d.   If half an hour after the time appointed for the General Meeting a quorum is not present, the meeting shall be postponed to a date, not exceeding fourteen (14) days, to be decided by the Council; and if a quorum is not present half an hour after the time appointed for the postponed meeting, the members present shall have the power to proceed with the business of the day but they shall not have the power to alter the Constitution of REAM or make decisions affecting the whole membership

e.   Decisions shall be made by simple majority of those present at any General Meeting.

f.   The General Meeting shall:

             i.   receive and consider the Annual Report and the audited Statement of Accounts for the preceding year.

            ii.   approve the arrangements for the auditing of REAM accounts for the preceding year and to appoint auditors for the ensuing year.

            iii. consider any business, notice of which has been given in writing to the Honorary Secretary General at least seven (7) days before the meeting.

            iv. consider with the consent of the meeting such other appropriate business as may be raised by REAM members present.

            v.  elect a Council every alternate year.

g.   Nominations for Council vacancies shall be made to the Honorary Secretary General not later than seven (7) days before the General Meeting. There shall be a proposer and a seconder and the consent of the nominee shall have been obtained beforehand.

h.   Decisions at the General Meeting shall be by simple majority of those REAM members present.

i.   Extraordinary General Meeting of the Association may be called at any time upon written request of a majority of the Council or upon the written request of not less than five (5) percent of the members of the Association.

j.   Notice concerning the Extraordinary General Meeting shall be sent to all REAM members not less than fourteen (14) days before the meeting. Papers for discussion shall be distributed at least seven (7) days in advance.

k.   The provision in accordance with Article 11 clause (c), (d) and (e) shall be deemed as the same provision required to conduct the Extraordinary General Meeting.

 

12. FINANCE

a.   Subject to the following provisions in this Rule, the funds of REAM may be expended for any purpose necessary for the carrying out of its objectives, including the expenses of its administration, payment of salaries, allowances and expenses to its office-bearers 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.

b.   The Honorary Treasurer General may hold a petty cash advance not exceeding one thousand Ringgit (RM1,000.00) at any one time. All money in excess of this sum shall within seven (7) days of receipt be deposited in a bank approved by the Council. The bank account shall be in the name of REAM.

c.   All cheques or withdrawal notices on REAM's account up to ten thousand Ringgit (RM10,000.00) shall be signed jointly by any two of the following:

  • President

  • Any one of the two Deputy Presidents

  • Honorary Secretary General

  • Honorary Treasurer General

For amounts exceeding ten thousand Ringgit (RM10,000.00), there will be three signatories comprising the President (or in his absence any one of the two Deputy Presidents), the Honorary Secretary General and the Honorary Treasurer General.

d.   No expenditure exceeding ten thousand Ringgit (RM 10,000,00) at any one time shall be incurred without the prior sanction of the Council, and no expenditure exceeding fifty thousand Ringgit (RM 50,000.00) in any one month shall be incurred without the prior sanction of a General Meeting. Expenditure less than ten thousand Ringgit (RM 10,000.00) may be incurred by the President together with the Honorary Secretary General or the Honorary Treasurer General.

 e.    Notwithstanding Article 12 (d) herein, the Council is permitted to open and operate separate bank accounts for particular self-supporting activities and such accounts shall cease to operate upon conclusion of the respective activities.

 f.   As soon as possible after the end of each financial year i.e. 31st of December, a     statement of receipts and payments and a balance sheet for the year shall be prepared and audited by the Auditors appointed under Article 16. The audited accounts shall be submitted for the approval of the next General Meeting, and copies shall be made available at the registered place of business of REAM for the perusal of members.

 g.   All expenses of REAM involved in the activities of the REAAA shall be chargeable to  the REAAA upon their approval.

 h.   The financial year shall be from 1st January to 31st December.

 

13.   RESIGNATION

Any member who does not wish to be a member of REAM anymore shall inform the Honorary Secretary General in writing but such member shall continue to be liable to pay to the Association all outstanding dues up to the year in which he resigns.

 

14.   INTERPRETATION OF THE ARTICLES

The Council of REAM shall interpret the Articles and shall have the power to decide in any case of doubts as to the meaning or applicability of a particular matter. The Council shall also have the power to decide on any matter on which the Articles are silent.

 

15.   AMENDMENTS TO THE ARTICLES

a.   The Articles may be wholly or in part replaced, repealed, substituted or otherwise amended at the General Meeting or at an Extraordinary General Meeting of members specially convened for such purpose or by Circular Resolution(s) to all members.

b.   Any proposal under this Article shall be given in writing and shall be deemed to be a proposal for an Extraordinary Resolution of the General Meeting or the Extraordinary General Meeting of members or Circular Resolution(s) of all members, and the express notice of such proposal shall be given by the Honorary Secretary General to all members at least thirty (30) days before the date of aforementioned meeting or the closing date for receipt of Circular Resolution(s) returns as stipulated in the notice.

 c.   No such proposal shall be deemed to have passed unless it is carried by a majority of at least two-thirds (2/3) of the votes cast at the General Meeting or the Extraordinary General Meeting or a simple majority vote of all members by Circular Resolution(s) as be the case.

d.   Any approved proposal shall take effect from the date on which the Registrar of Societies accepts and approves the amendment. Any amendment to the Articles shall be forwarded to the Registrar of Societies within twenty-eight (28) days of being passed by the General Meeting.

 

16.   AUDITORS

The accounts of REAM shall be audited by the Auditor/Auditors appointed at the General Meeting and the Auditor/Auditors shall prepare a report or certificate for the subsequent General Meeting.

 

17.   TRUSTEES

Trustees, not less than two (2) and not more than four (4) in number, of over twenty-one (21) years of age and who shall not be office-bearers/members of REAM shall be appointed at the General Meeting or by Circular Resolution(s) to all members with a simple majority vote and shall hold office during the pleasure of REAM. They shall have vested in them the real and personal properties of REAM and shall deal with the said properties in such manner as the General Meeting may direct.

 

18.   DISSOLUTION

a.   REAM may be dissolved by an Extraordinary Resolution at an Extraordinary General Meeting of members convened for that purpose only, and voting thereon shall be by secret ballot only.

b.   The proposal to dissolve REAM shall be deemed to have been passed only if carried by a majority of not less than three fifths (3/5) of members entitled to be present and to vote at the meeting.

c.   In the event of REAM being dissolved, all liabilities legally done by REAM shall be fully discharged, and any surplus funds thereon and other assets remaining shall be disposed off as decided at the Extraordinary General Meeting.

d.   The Council of REAM shall continue to operate and manage REAM under a separate entity, in event of the dissolution of the REAAA.

f.   Notice of dissolution shall be forwarded to the Registrar of Societies within fourteen (14) days of its dissolution.

 

19.   PROHIBITIONS

a.   None of the following games shall be played in the premises of REAM:

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.

b.   REAM shall not hold any lottery, whether confined to its members or not, in the name of REAM or its office-bearers, Council or members.

c.   Neither REAM 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.

d.   No university or university-college students can be allowed to be a member of REAM without prior written approval from the Vice-Chancellor of the university concerned.