NEWS

Constitution of MABA

Submitted by Maba on 2013-08-26 14:47:54

 

 

1. Name

      The name of the association shall be called the ¡°Persatuan Bola Keranjang  Malaysia¡±

      (Malaysia Basketball Association) (MABA), hereinafter referred to as ¡°the Association¡±.


2.   Address

The registered place of business of the Association shall be at the Bangunan MABA, No.6 ,   Jalan Hang Jebat , Kuala Lumpur. The registered place of the business of the association shall not be changed without the prior approval of the Commissioner of Sports. 


3.   Objects

       The objects of the Association shall be:-


3.1                       

To promote the game of basketball in every way as the Association of the Executive Committee of the Association may think proper.

 

3.2                       

To make, adopt, vary and publish rules and regulations and bye-laws governing the conduct of all national competitions.

 

3.3                       

To cooperate with and, if necessary, to assist any affiliate which is appointed by the Association to organize any national competition or any other basketball event which the Association has undertaken to organize, and to enter into or adopt any agreement or arrangement or arrangement with the affiliate for such purpose.

 

3.4                       

To cooperate with and, if necessary, to assist the affiliates in their effort to provide appropriate facilities for the promotion of the game in their respective states or organizations.

 

3.5                       

To affiliate and cooperate with the Olympic Council of Malaysia, the international Amateur Basketball Federation (FIBA), the FIBA Asia, South East Asia Basketball Association and any other body, for the promotion and advancement of the game, especially in matters relating to international of other competition.

 

3.6                       

To purchase, hold, or otherwise acquire any real or personal property or any interest in the same respectively, which shall be for the benefit of the Association, or calculated to promote or assist in the promotion of any of the objects of the Association.

 

3.7                       

To improve, develop, manage, mortgage, lease, let or sell any real or personal property of the Association, whether on its own initiative or jointly with others through privitisation or other exercises and to turn the same to profit and advantage in any way that the Executive Committee may deem proper and approve in the duly convened General Meetings.

 

3.8                       

To lend or invest any monies of the Association or held by the Association in such legal manner as may be approved by the Executive Committee.

 

3.9                       

To subscribe or donate for charitable purpose any amount of not more than Ringgit Malaysia one thousand out of the funds of the Association, to any charitable or other fund, club or institution or person in such manner as the Executive Committee may deem proper, with the proviso that the total amount for any one year shall not exceed Ringgit Malaysia twenty thousand.

 

3.10                   

To honor the dedicated and prominent officials and athletes who have rendered meritorious and outstanding performances and services to the Association and the country as a whole in such manner as the Executive Committee may decide from time to time including the formation of the ¡°Hall of fame¡± for such purpose.

 

3.11                   

To raise any fund for the purposes of (i) taking care of the welfare of the retired personnel including MABA national players, MABA national coaches, MABA national referees and MABA staffs during their lifetime, who shall have served MABA for a period of not less than five (5) years, and (ii) providing incentives to and rewarding the MABA national players and the MABA national teams¡¯ officials who have participated in the international championships ie. Olympic Games, World Championship, Commonwealth Games, Asian Games, FIBA Asia Championship, SEABA Championship and SEA Games, for their remarkable achievement, great performances and outstanding results therein.

 

4.   Emblem

 

The emblem of the Association shall be composed of a net (in black), with a basketball (in yellow) signifying the games, and four petal-like structures signifying the integration of the various committees in Malaysia, through the game of basketball, while the initials M.A.B.A. (in red) signifies the ¡°Malaysia Basketball Association¡±.

 

5.  Membership and Subscriptions

 

        There shall be two categories of members:-

 

5.1                   

Affiliated Organizations, hereinafter referred to as the ¡°Affiliate¡±. All the properly

constituted and registered basketball associations of all the states (including the Federal Territory) and the basketball sections of the Malaysian Armed Forces (ATM) and the Royal Malaysian Police Force (Polis Di-raja) shall be admitted as Affiliated Organizations, provided they have been registered with the Commissioner of Sports.

 

5.1.1    On admission, every affiliate shall pay the Entrance Fee or Ringgit Malaysia one hundred and the Annual Subscription of Ringgit Malaysia fifty for the year, if admitted before the end of June, or half of the Annual Subscription for the year if admitted after the month of June, and shall pay the Annual Subscription every year thereafter, PROVIDED ALWAYS that the Entrance Fee and the Annual Subscription may be revised and fixed for any other amounts as may be approved by the Executive Committee.

 

5.1.2 Every affiliate shall pay the Annual Subscription for every year before the

end of February of each year. Any affiliate which fails to do so shall be given a written reminder, and if the affiliate fails pay up within two weeks from the date of receipt thereof, its membership shall automatically cease and it shall lose all its rights in the Association until it pays up the arrears.

 

5.2          Honorary Life Members

 

Those persons, who are interested in the promotion of basketball and who have made beneficial contributions to the Associations, may be appointed as Honorary Life Members of the Association, if the Executive Committee deems appropriate.

 

6.   Rights and Obligations of the Affiliate and the Honorary Life Members

 

6.1   Every affiliate shall be entitled:-

 

(a)     To appoint two delegates, one of whom shall be a principal office bearer and the

other shall be a member of the committee of the affiliate to attend General Meetings with full voting rights.

 

(b)     To appoint not more than two of its members to attend any General Meetings as

observes who shall have no voting rights.

 

6.1.1 The names of the two delegates and the names of the observes, if any, shall be

submitted to the Honorary Secretary-General one week before any General Meeting.

 

6.1.2 Every affiliate and its member shall:-

 

(a)        abide by the Constitution, all the other rules and bye-laws of the

Association, and all the resolutions which may be passed, form time to time, by the General Meeting or the Executive Committee.

 

(b)        be entitled to hold office in the Executive Committee or any other office in

The Association, if elected, unless otherwise stipulated in this Constitution.

 

(c)        uphold the good name of the Association and refrain from doing anything which is injurious or prejudicial to the interests of the Association.

 

(d)        have the right to enjoy all the privileges given and the facilities provided

by the Association.

 

6.2    Every Honorary Life Member:-

 

(a)     Shall have the right to attend any General Meeting as an observer, unless

specified otherwise and shall not speak unless permission is granted by the Chairman of the meeting.

 

(b)        

Shall have no voting right at any General Meeting.

 

(c)     May be elected to hold the office of the President or the Deputy President, or be

appointed as a Vice-President as stipulated in Rule 7.2 (vii) but may not be elected to hold any of other offices in ht Executive Committee.

 

(d)  

   May be elected to hold office in any sub-committee, if deemed necessary.

 

(e)   

Shall have the same obligation and the same right as the members of the affiliates        as aforesaid, except as stipulated otherwise in these Rules.

 

6.3    Any affiliate whose membership is suspended or cancelled for any reason shall be

responsible for all the debts and liabilities incurred by the Association prior to the suspension or cancellation.

 

7.   The Organization

 

7.1     

The General Meeting shall be the highest policy-making body of the Association with

         the with the powers to:-

 

(a)     add, repeal, amend, substitute or alter the Rules of this Constitution as it shall

think expedient for the attainment of any of the objects of the Association for the better management thereof.

 

(b)     deal with all matters appertaining to the Association not specifically provided

by these Rules.

 

7.2    An Executive Committee whose tenure of office shall be four years and which shall

execute the resolutions of the General Meeting and administer the affairs of the Association comprising the following:-

 

To be elected at the Annual General Meeting

 

(i)      One President provided that the maximum tenure of office for any single person

holding such office shall not exceed eight (8) years from the day when he was first elected to the office.

 

(ii)               

One deputy President.

 

(iii)              

Four Vice-Presidents.

 

(iv)             

One Honorary Treasurer

 

(v)               

One Assistant Honorary Treasurer

 

(vi)             

Ordinary Committee Members consisting of one named permanent representative who shall be a principal office bearer of each of the affiliates or, in the absence of such named permanent representative, a named permanent alternate from the affiliate who shall produce a letter from relevant affiliate authorizing him to attend the Executive Committee Meeting.

 

Provided that the total number of members from any affiliate elected for the office mentioned in Rule 7.2 (iv), (v) and (vi) shall not exceed three (3) in number.

 

To be appointed by the President

 

(vii)            

A Maximum of five Vice-Presidents at any one time including (a) one each to be nominated by Sarawak Basketball Association and Sabah Basketball Association, and/or (b) if deem necessary by the President, three to be appointed by the President out of which one must be qualified professional in the field of finance or account and the other one must be qualified professional in the legal field.

 

(viii)          

One Honorary Secretary-General.

 

(ix)             

One Deputy Honorary Secretary-General

 

(x)               

One Assistant Secretary-General.

 

7.3   A President Council which shall administer the day-to-day affairs of the Association and        

decide on matters between Executive Committee meetings, shall consist of the President,      the Deputy President, the nine Vice-Presidents, the Honorary Secretary-General, the  Deputy and Assistant Honorary Secretaries-General, the Honorary Treasurer, the Assistant Honorary Treasurer provided that the President may, if he deems necessary, invite any other members to attend the Presidential Council Meeting.

 

7.4   The office bearers of the Association and every officer performing executive functions

              in the Associations shall be Malaysian citizens.

 

7.5   For the avoidance of any doubt, the words ¡°principal office bearers¡± when used in this     

Constitution shall mean the President, the Deputy President, all Vice-Presidents, the Honorary Secretary-General, the Deputy and Assistant Honorary Secretaries-General, the Honorary Treasurer and the Assistant Honorary Treasurer.

 

8.     

Powers of the Executive Committee

 

The Executive Committee shall have the following powers:-

 

8.1 To administer the affairs of the Association and carry out the resolutions of the General

meeting under the authority and direction of the General Meeting and in accordance with the Constitution and all the bye-laws.

 

8.2 To formulate policies, rules and bye-laws for the carrying on the business of the

Association and the furtherance of all or any of the objects for which the Association is established and provided that such policies, rules and bye-laws shall not be inconsistent with this Constitution and shall not contravene the resolutions of the General Meeting.

 

8.3 To appoint sub-committees or ad-hoc committees, as it thinks fit, for the better

management of the Association, and to determine their respective terms of reference.

 

8.4 To delegate all or any of its powers to any sub-committee or ad-hoc committee or any    

member it may think fit to appoint.

 

8.5 To elect any suitable member of any of the affiliates to fill any vacancy occurring

 among their number, except the offices of the President, the Deputy President,

the two Vice-President from Sarawak and Sabah, and the three Vice-Presidents appointed by the President, subject to the following rules:-

 

8.5.1    In the case of the President or the Deputy President, the vacancy shall be filled by

election at an Annual General Meeting or Extraordinary General Meeting to be convened within one month from the date the vacancy occurs.

 

8.5.2    In the case of the three (3) appointed Vice-Presidents, any vacancy shall be filled

by a suitable candidate appointed by the President in consultation with the Executive Committee.

 

8.5.3    In the case of the Vice-Presidents from Sarawak and Sabah, any vacancy shall be

filled by a suitable candidate from the affiliate concerned.

 

           

8.6 To appoint two of the members as Honorary Internal Auditors.

 

8.7 To prescribe the Entrance Fee and the Annual Subscription which shall be paid by each

       affiliate, subject to the approval of the Commissioner of Sports.

 

8.8 

To approve any expenditure or more than Ringgit Malaysia ten thousand.

 

8.9 To tenure of office for the Executive Committee shall be four years commencing

immediately after being elected and expiring at the time when the new office-bearers are elected.

 

 

8.10 To represent the views of the Association on any matter whatsoever which affects the

the interests of the Association or its members.

 

8.11 To settle any dispute which may arise within the Association or within an affiliated

         organizations.

 

8.12 To initiate or proceed with whatever disciplinary action it deems fit against a member,

Sub-committee, Ad-Hoc Committee, any member of the Executive Committee and/or any employee of the Association in accordance with Rule 19 hereof.

 

8.13 To make order for the suspension of any member, Sub-Committee, Ad-Hoc Committee,

any member of the Executive and/or any employee of the Association in accordance with Rule 19 hereof.

 

8.14 To make recommendations or to refer to the General Meeting for decision on the

         expulsion or dissolution or removal from office of any member of the Executive

Committee or the Association.

 

8.15 To formulate policies, rules and regulations for the emplacement of suitable candidates

in and the removal of selected members out of the Hall of Fame, and to consider and approve the suitable candidates proposed by the Presidential Council to be emplaced in or the selected members to be removed out of the Hall of Fame by unanimous votes in the Executive Committee Meeting. Therefore, the Executive Committee shall submit the resolutions for such emplacement or removal as aforesaid together with all findings of facts and supporting documents to the General Meeting for approval by unanimous votes.

 

9.                 

Power of the Presidential Council

 

The Presidential Council shall have the following powers:-

 

9.1             

To decide on all matters, including any necessary expenditure of not more than

Ringgit Malaysia ten thousand.

 

9.2             

Without prejudice to the generality of the powers conferred by the Constitution,

the Presidential Council shall be the body responsible for the administration of the affairs of the Association under the authority and direction of the General Meeting and the Executive Committee. The presidential Council shall report its activities to the next meeting of the Executive Committee and to obtain endorsement of all decisions made before they are implemented.

 

9.3             

To employ any personnel or staff necessary to carry out and execute the affairs

and business of the Association, and to suspend or dismiss any employee or staff, in any legal manner as the Presidential Council may deem fit.

 

9.4             

To propose to the Executive Committee the suitable candidates to be emplaced in

or the selected members to be removed out of the Hall of Fame together with all findings of facts, supporting documents and statements for such proposal which must state clearly either the meritorious contributions that have been made or the damages (if any) that have been caused by such candidates or members.

 

10.   Powers and Responsibilities of the Office-Bearers:-

 

10.1               

The President shall:-

 

10.1.1   

Preside at all General Meetings, Executive Committee Meeting and the

President Council Meetings.

 

10.1.2   

have the casting vote at the meeting mentioned in Rule 10.1.1.

 

10.1.3 sign and confirm the minutes of each of the meeting mentioned in Rule

           10.1.1

 

10.1.4   

be the principal representative of the Association.

 

10.1.5 sign all the cheques of the Association, in conjunction with the Honorary

           Treasurer, subject to Rule 14.3.

 

10.1.6 call, or direct the Honorary Secretary-General to call for General Meetings,

Executive committee Meeting, Sub-Committee and Ad-Hoc Committee Meetings, in accordance with the Rules of this Constitution or when deemed necessary.

 

10.1.7 have the power to appoint the Honorary Secretary-General and five

Vice- Presidents mentioned in Rule 7.2 and one executive secretary in consultation with the Executive Committee.

 

10.1.8 have any other power as may be delegated by the General Meeting or the

Executive Committee from time to time.

 

10.2        The Deputy President shall:-

 

               10.2.1 deputise for the President in the latter¡¯s absence.

 

10.2.2 assist the President in the execution of the latter¡¯s duties.

 

10.2.3 sign all the cheques of the Association in conjunction with the Honorary

Treasurer, subject to Rule 14.3.

 

10.3     The Vice Presidents shall:-

 

10.3.1 assist the President and the Deputy President in the execution of their duties.

 

10.3.2 have any other power as may be delegated by the Executive Committee and

carry out duties as may be assigned by the President or the Deputy President.

 

10.4     The Honorary Secretary-General shall:-

10.4.1 Be responsible for the administration of the affairs of the Association under

the authority and direction of the President , the Executive Committee and the Presidential Council.

 

10.4.2 be responsible for the supervision and control of the activities of all the

sub-committee and ad-hoc committee.

 

10.4.3 be the Ex-officio member of every sub-committee or ad-hoc committee,

unless specefied otherwise.

 

10.4.4 be responsible for the recording of the minutes of General Meetings,

Executive Committee Meetings and meetings of the Presidential Council and the safe-keeping of such records at its registered office.

 

10.4.5 be responsible for the safe-keeping of all the documents of the Association at

its registered office or at any other suitable place as may be decided by the Executive Committee.

 

10.4.6 sign all the cheques of the Association in conjunction with the Honorary

Treasurer, subject to Rule 14.3.

 

10.4.7 have the power to approve any contingency expenditure of not more than

           RM 2,000.00 which must as soon as practically possible be endorsed by the

           Presidential Council.

 

10.5     The Deputy and the Assistant Honorary Secretaries-General shall:-

 

10.5.1 assist the Honorary Secretary-General in the execution of the latter¡¯s duties.

 

10.5.2 deputise for the hon. Secretary-General in the latter¡¯s absence.

 

10.5.3 have any other power as may be delegated by the Executive Committee from

           time to time.

 

10.6    The Honorary Treasurer shall:-

 

10.6.1 take charge of all the funds of the Association.

 

10.6.2 be responsible for keeping the accounts of all the financial transactions of the

Association and be responsible for their correctness.

 

10.6.3 be responsible for the safe-keeping of all the bills, vouchers and the account

books of the Association at its registered office and presenting the same to the Honorary Internal Auditors and the External Auditors for auditing.

 

10.6.4 be responsible for preparing the Annual Statement of Accounts and the

Annual Balance Sheet to be audited by the External Auditor and then subsequently to present same for the approval of the Executive Committee before submitting to the Annual General Meeting for approval.

 

10.6.5 Sign all the cheques of the Association in conjunction with the President or

the Deputy President or the Honorary Secretary-General.

 

10.6.6 be empowered to keep cash in hand of not more than RM 2,000.00.

 

10.6.7 be responsible for depositing all monies of the Association, in excess of

RM 2,000.00 in the bank appointed by the Executive Committee, in an account operated in the name of the Association.

 

10.6.8 have the power to direct and give instructions to those employee who are

assigned with the duties of preparing the accounts and the financial reports, and the handling of bills and vouchers of the Association.

 

10.6.9 be responsible for presenting all the relevant documents with the Annual

Statement of Accounts and the Annual Balance Sheet, to the External Auditors for auditing.

 

10.7      The Assistant Honorary Treasurer shall:-

 

10.7.1 assist the Honorary Treasurer.

 

10.7.2 deputise for the Honorary Treasurer in the latter¡¯s absence.

 

10.8     All the other Committee Members shall render assistance, when and if required by

any of the office-bearers mentioned above.

 

10.9     The Honorary Internal Auditor shall:-

 

10.9.1 audit the monthly accounts of the Association before submitting to the

Presidential Council for approval.

10.9.2 audit all the other accounts of the Association, including the Annual

Statement of accounts and the Annual Balance Sheet, before submitting to the Executive Committee for approval.

 

11.    Election and Resignation of the Office-Bearers

 

11.1 The Executive Committee shall be elected once in every four years at the Annual

General Meeting unless otherwise provided in Rule 7.2 hereof.

 

11.2 Any member of any affiliate may be nominated by the delegates present at the Annual

General Meeting to stand for election for any office in the Executive Committee, unless such nomination is objected by the delegates of the affiliate to which the nominated candidate belongs.

 

11.3 Any dignitary or any suitable person, who is a citizen of Malaysia, may be elected to

hold the office of the President or the Deputy President or be appointed as Vice-President in Rule 7.2.

 

11.4 The two Hon. Internal Auditors shall be appointed from amongst the Members, by the

Executive Committee.

 

11.5 Election for all the offices in the Executive Committee mentioned in Rule 7.2(i) to 7.2

(vi) shall be by secret ballot at the Annual General Meeting.

 

11.6 A member of the Executive Committee may resign from his office by written notice

Submitted to the Secretary-General, or in the latter¡¯s absence the Deputy Secretary-General, giving his reasons. The Executive Committee shall consider his resignation at its meeting next after the submission of the notice or resignation. In the event of any of the elected member of the Executive Committee ceasing to hold office for whatever reason, the Executive committee may appoint another to fill the Vacancy until the next General Meeting in which the elections of the Association are held.

 

12.    Honorary Advisers, Honorary Presidents.

 

12.1  Any living person who in the opinion of the Executive Committee may be in the

capacity of providing and rendering valuable services to the Association may be appointed as an Honorary Adviser by the Association in the General Meeting whose term of service shall be in line with the principal office bearers.

 

12.2  Any living Ex-President who has rendered meritorious services to and who has not                   done anything adversely affecting the Association may be appointed as an Honorary  

        President by the Association in the General Meeting whose term of service shall be in

        line with the principal office bearers provided that the number of Honorary President

       at any one time shall not exceed two.

 

13.    Meetings

 

13.1 Annual General Meeting

 

13.1.1 An Annual General Meeting shall be held before 31st of May of each year.

 

13.1.2 The actual date of the Annual General Meeting shall be decided by the

Executive Committee, or the Presidential Council or by the President in conjunction with the Deputy President and the Honorary Secretary General.

 

13.1.3 The notice for the Annual General Meeting together with the audited Annual

Accounts of the previous year shall be sent out by the Honorary secretary-General to all the affiliates, all the members of the Executive Committee, the Chairman of the various sub-committee or ad-hoc committee, and all the Honorary Life Members, at least 21 clear days before the date for the Annual General Meeting.

 

13.1.4 The Agenda for the Annual General Meeting shall include the following:-

 

(i)                 

 The President¡¯s Opening Address.

 

(ii)               

To confirm the minutes of the last Annual General Meeting.

 

(iii)              

To receive and, if deemed correct, adopt the Annual Report of

activities.

 

(iv)       To receive and, if deemed correct, pass the Audited Statement of

             Accounts and the Balance Sheet of the Association for the preceding

             year.

 

(v)               

To elect the Executive Committee (once in every four years).

 

(vi)             

To appoint the External auditors (once in every four years).

 

(vii)     To discuss and decide on any motion received by the Honorary

Secretary-General at least one week before the Annual General Meeting.

 

(viii)    General (views expressed or suggestions made for the consideration

decision of the Executive Committee only).

 

13.1.5 The quorum for the Annual General Meeting, shall be a number which

includes the delegates for at least half of the number of affiliates which are entitled to send delegates.

 

13.1.6 Every resolution shall be deemed to be passed when a simple majority of votes

are in favour of the resolution unless otherwise provided for in this Constitution.

 

13.1.7 An entry in the minutes of the meeting of the declaration by the Chairman of

the meeting that a resolution has been passed or rejected, whether unanimously or by a simple majority, shall be conclusive proof of the decision of the meeting.

 

13.1.8 Every decision made by the General Meeting shall be binding and final unless

and until such decision is reversed by any subsequent General Meeting.

 

13.2   Extraordinary General Meeting

 

13.2.1 An Extraordinary General Meeting may be called, when and if the President

or the Presidential Council or the Executive Committee deems necessary, or upon the written requisition or more than half (1/2) of the members of the Executive Committee or more than half (1/2) of the number of affiliates.

 

13.2.2 The notice for the Extraordinary General Meeting shall be sent out by the

Honorary Secretary General to all the affiliates, associates, all the members of the Executive Committee and all the Chairman of the sub-committees or ad-hoc committees at least fourteen clear days before the meeting. Provided that the President if he is of the opinion that the Extraordinary General Meeting is one of urgency may direct the Honorary Secretary General to give a shorter notice of not less than seven (7) days.

 

13.2.3 In the event of a requisitioned Extraordinary General Meeting at least half of

those who sign for the requisition shall attend the meeting.

 

13.2.4 The delegates who represent each affiliate at the Extraordinary General

Meeting prior to the Extraordinary General meeting shall represent the affiliate at the Extraordinary Meeting.

 

13.2.5 Upon receipt of a written requisition for an Extraordinary General Meeting

the Honorary Secretary-General shall call for the Extraordinary General Meeting within two weeks.

 

13.2.6 The Purpose for the Extraordinary General Meeting shall be clearly stated in

the notice.

 

13.2.7 The quorum for the Extraordinary General Meeting shall be a number which

Includes the delegates form at least half of the number of affiliates which are entitled to sent delegates.

 

13.2.8 Every resolution shall be deemed to be passed when a simple majority of votes

are in favour of the resolution unless otherwise provided for in this Constitution.

 

13.2.9 There shall be no election at the Extraordinary General Meeting.

 

13.3      Executive Committee Meeting

 

13.3.1 An Executive Committee Meeting shall be called at least once in three months.

 

13.3.2 The date for the Executive Committee Meeting shall be decided by the

President, or in his absence, Honorary Secretary-General in consultation with the President, the Deputy President.

 

13.3.3 The notice of the Executive Committee Meeting shall be sent out by the

Honorary Secretary-General together with the minutes of the last meeting at least 7 days in advance to all members of the Executive Committee, and a copy of the notice shall be sent to the Chairman of the various sub-committees or ad-hoc committees.

 

Provided that the President if he is of the opinion that the Executive Committee Meeting is one of urgency may direct the Honorary Secretary General to give a shorter notice of not less that three (3) days.

 

13.3.4 The Agenda for the Executive Committee Meeting, shall include the 

following:-

 

(i)   Confirmation of the minutes of the last meeting.

 

(ii)  Matters arising.

 

(iii)  To receive reports and resolutions in writing if possible from the

Presidential Council and the various sub-committees or ad-hoc committees and decide on matters arising thereof.

 

(iv) To receive and, if deemed correct, pass the monthly audited Statement

        of Accounts.

 

13.3.5 The quorum for the Executive Committee Meeting shall be at least one third

(1/3) of the number of the members in the Executive Committee.

 

13.3.6 Whenever a decision is required by votes of the Executive Committee, only

the members elected in a General Meeting shall be entitled to vote at such meeting save and except the Vice-President nominated by Sarawak Basketball Association and Sabah Basketball Association.

 

13.4     Sub-Committee or Ad-Hoc Committee Meetings

 

13.4.1 All sub-committee or ad-hoc committee meetings shall be called when deemed

necessary by their respective Chairman, or their respective Secretaries in consultation with their respective Chairman.

 

13.4.2 The notice for the meeting shall be sent out by the Chairman or the Secretary

to the members of the committee at least seven days before the meeting.

 

13.4.3 The Chairman or the Secretary of the Committee shall send out a copy of the

notice to the Honorary Secretary-General and the Honorary Treasurer of the Executive Committee.

 

13.4.4 The quorum for the Committee meeting shall be at least on third (1/3)

the number of the members in the committee.

 

13.4.5 The Chairman or the Secretary shall send a copy of the minutes of every   

meeting to the Honorary Secretary-General for safe-keeping at the registered office of the Association.

 

13.5         

Presidential Council Meeting

 

13.5.1 The Presidential Council meet at least once a month.

 

13.5.2 The date for the meeting shall be decided by the President, or in his absence

the Honorary Secretary-General in consultation with the President or the Deputy President.

 

13.5.3 The notice for the meeting shall be sent out by the Honorary Secretary-

General to the members of the council at least seven days before the meeting. Provided that the President if he is of the opinion that the meeting is one of urgency may direct the Honorary Secretary General to give a shorter notice of not less than three (3) days.

 

13.5.4 The Executive Secretary shall be in attendance at every meeting to submit    

reports and when required, unless directed otherwise.

 

13.5.5 The Agenda for the meeting shall include the following:-

 

(i)                 

To confirm the minutes of the last Board Meeting.

 

(ii)               

Matters Arising.

 

(iii)              

To receive and, if deemed correct, pass the audited monthly Statement

of Accounts for the preceding month(s)

 

(iv)             

To receive reports from the Executive Secretary and the MABA

Management Sub-Committee.

 

(v)               

To transact any other business in accordance with Rule 9.

 

13.5.6 The quorum for the board meeting shall be at least one quarter (1/4) of the

number of the elected members in the Board.

 

13.6     In the event of insufficient quorum for any General Meeting (except Requisitioned

General Meeting) or Committee Meeting (including meeting of the Presidential Council) half an hour after the scheduled time, the meeting shall be postponed and a subsequent meeting for the same purpose shall be called within one week, and number of component members present shall have the right to transact any business stated in the original agenda for the postponed meeting.

 

13.7     In the case of a Requisitioned General Meeting, if less than half of those who have

requisitioned (Rule 13.2.3) or less than half of the number of delegates who are entitled to attend (Rule 13.2.7) are present, half an hour after the scheduled time for the meeting, it shall be cancelled and no subsequent meeting shall be convened for the same purpose within the next six months.

 

13.8    Notwithstanding any provision herein to the contrary, any notice required to be served

herein shall be in writing and shall be deemed to have been sufficiently served under the following modes:-

 

13.8.1 by hand delivery to the last known address of the intended recipients; or

 

13.8.2 by pre-paid registered mail addressed to the last known address of the

Intended recipients; or.

 

13.8.3 by telex, facsimile or cable.

 

14.    Funds

 

14.1        The funds of the Association may be expended for any purpose necessary for the

attainment of the objects of the Association, including the expense of its office-bearers.

 

14.2        All monies of the Association in excess of RM 2,000.00 shall be deposited, within

three (3) working days from the date of receipt the monies in the bank appointed by the Executive Committee.

 

14.3        All the cheques issued by the Association shall be signed by the Honorary        

Treasurer and the Honorary Secretary-General or, in the latter¡¯s absence, the President or the Deputy President.

 

14.4        All payment vouchers are to be approved and counter-signed by the Honorary

Treasurer and the Honorary Secretary-General, or in the latter¡¯s absence, the Deputy Secretary-General as may be directed by the President from time to time.

 

15.    Accounts and Auditors

 

15.1 The financial year of the Association shall close on 31st of December of each year.

 

15.2 The monthly account of the Association shall be audited by the Honorary Internal

Auditors before submitting to the Presidential Council for approval.

 

15.3 The Statement of Accounts and the Balance Sheet for each year shall be audited by the

Hon. Internal Auditors before submitting to the Executive Committee for approval and shall be audited by the External Auditors before submitting to the Annual General Meeting for approval. Thereafter, all such Statement of Accounts and the Balance Sheet shall be sent tot the Commissioner of Sports within two (2) weeks after approval has been obtained in the Annual General Meeting.

 

15.4 The audited monthly statement of accounts which has been approved by the       

Presidential Council shall be submitted to the Executive Committee for consideration and if deemed correct be endorsed by the Executive Committee.

 

15.5 A firm or qualified accounts shall be appointed as External Auditors by the association

at the Annual General Meeting, to audit the accounts of the Association for each year, and to prepare a report or certificate for submission to the Annual General Meeting.

 

16.    Properties and Assets

 

16.1 All movable properties of the Association shall be vested in the Executive Committee.

 

16.2 All immovable properties of the Association shall be vested and held and registered in

the name of the Association. All existing immovable properties held or registered in the names of existing trustees shall he transferred to the Association at a date or dates to be determined by the Executive Committee.

 

16.3 All immovable properties of the Association shall not be mortgaged, assigned, sold,

Developed, improved, managed, privatized or otherwise disposed off or dealt with in any manner whatsoever, unless and until it is so decided and approved in the General Meeting and three (3) principal office bearers shall be appointed and authorized to sign and execute all relevant documents thereto in the General Meeting.

 

17.    Interpretation of the Rules

 

17.1 The Executive Committee shall be the authority for the Interpretation of the Rules in

this Constitution and all the bye-laws or regulations made thereunder.

 

17.2 The decision of the Executive Committee on any question of interpretation relative

thereto shall be final and binding on the members and all the affiliates, unless and until countermanded by the decision of a General Meeting.

 

18.    Amendments To The Rules

 

The rules in this Constitution may be amended by a resolution passed by a majority of at least two-thirds of the affiliates and members present at a General Meeting in accordance with the following Rules:-

 

18.1 Any Affiliate or any appointed delegate or the affiliate may purpose the addition of

any new rule to, or the repeal, amendment, substitution or alteration of any rule in this Constitution, by giving notice in writing to the Honorary Secretary-General of such proposal, after it has been seconded by another affiliate or any appointed delegate of any another affiliate, at least seven days before the General Meeting at which the proposal shall be tabled for consideration, with a  copy of the proposal to each of the affiliates.

 

18.2 Upon receipt of the proposal, the Honorary Secretary-General shall immediately

Notify all the affiliates and all the members of the Executive Committee, at least three days before the General Meeting.

 

18.3 The proposal addition, repeal, substitution, alteration or amendment, if passed by the

General Meeting, shall not take effect unless and until it is approved by the Commissioner of Sports. Any amendment to the rules shall be forwarded to the Commissioner of Sports within 28 days of its being passed by the General Meeting.

 

19.    Discipline

 

19.1 Whenever requires to do so from time to time, the Executive Committee shall

establish a Disciplinary Board consisting of one (1) chairman and four (4) members to be appointed by the Executive Committee to advice and handle on matters of discipline in the Association. Proceedings before the Disciplinary Board shall either be initiated by the President or under Rule 8.12 hereof.

 

19.2 Without affecting the generality of Rule 19.1 hereof, the Disciplinary Board shall deal

with the suspension, expulsion and/or any other action against any member or office bearer whose utterance, action or conduct is contrary or injurious to or tends to injure or affect adversely the policies or interests of the Association, or for irregularities in administration, refusal to abide by this Constitution or for any reason deemed good and sufficient in the interest of the Association.

 

19.3 The Disciplinary Board shall report in writing its findings to the Executive Committee

which shall decide on the appropriate disciplinary action to be taken after considering the findings of   the Disciplinary Board. At the time the Disciplinary Board reports to the Executive Committee, its shall cause a copy of the report to be forwarded to the last known address of the member or the office bearer affected by its findings.

 

19.4 If the decision of the Executive Committee is for the suspension or expulsion of:-

 

19.4.1 any member or any office bearer elected in the Annual General Meeting    

to Rule 7.2, then the Executive Committee shall obtain approval from not less than two-third (2/3) of the members present at the meeting prior to referring its decision to the General Meeting for final approval; or

 

19.4.2 any office bearer appointed by the President in consultation with the Executive

Committee pursuant to Rule 7.2, then the Executive Committee shall obtain approval from not less than two-third (2/3) of the members present at the meeting.

 

19.5 If the decision or approval of the General meeting is required for the suspension or

Expulsion of any member or office bearer referred to in Rule 19.4 hereof, then such decision or approval shall be obtained from at least two-third (2/3) of the members present at the General Meeting.

 

19.6 A member or office bearer who is dissatisfied with the findings of the Disciplinary

Board may in writing request to be heard by the Executive Committee prior to the Executive Committee¡¯s decision on the findings of the Disciplinary Board and provided that any such written request has been received by the Secretary-General, or in the latter¡¯s absence the Deputy Secretary-General, within fourteen (14) days from the date the member or the office bearer affected has received or been deemed to have received by ordinary course or post the written report pursuant to Rule 19.3 hereof.

 

19.7 A member or office bearer affected who is dissatisfied with the decision of the

Executive Committee may in writing appeal to the Executive Committee provided that such appeal has been received by the Secretary-General, or in his absence the Deputy Secretary-General, within fourteen (14) days from the date of the decision of the Executive Committee.

 

19.8 An order of suspension, expulsion or, where applicable, dissolution shall be signed by

the Secretary-General, or in his absence the Deputy Secretary-General.

 

19.8.1 On receipt of an order suspension, a member or office bearer shall refrain from              exercising its rights or duties as a member ior office bearer of the Association until such time as stated in such order or otherwise directed by the    Executive Committee.

 

19.8.2 On receipt of an order for expulsion, a member or office bearer shall cease to

      be a member or office bearer of the Association.

 

19.9 The decision of the General Meeting on matters or discipline shall be final and

conclusive and shall not be subject to question by or in any court of law.

 

19.10 Any member or office bearer who has been the subject of any disciplinary action or

 proceedings shall not institute any proceedings in any court of law:-

 

19.10.1 to go into the legality or propriety or otherwise of any action proceedings

and/or decision taken by the Association, unless and until all the avenues of appeal as stipulated under this Constitution have been exhausted.

 

19.10.2 against the Association, its President, the Executive Committee, the      

Presidential Council, the Disciplinary Committee or the Disciplinary Board or  any number, of any action proceeding and/or decision taken by the President , the Executive Committee, the board of Management, the Disciplinary Board and/or the Disciplinary Committee.

 

20.    Dissolution

 

20.1 The Association shall not be dissolved unless at least two-thirds of the affiliates so

express at a General Meeting.

 

20.2 Upon dissolution of the Association as aforesaid, the notice of dissolution shall be

Signed by the President or the Chairman of the General Meeting in conjunction with three (3) of the delegates who have attended the General meeting for the purpose.

 

20.3 Upon dissolution of the Association, the Executive Committee shall dispose of the

Association¡¯s properties as soon as possible in a proper and legal manner, and shall settle all legal debts.

 

20.4 Upon settling all the debts, the Association shall donate the balance to charity        

organizations, in such manner and ration as decided by the General Meeting.

 

21.    MABA Welfare & National Team Performance Accreditation Fund

 

21.1 The Association shall establish a Welfare & National Teams¡¯ Performance

Accreditation Fund Board consisting of (i) one (1) chairman and (ii) two (2) or four (4) directors, who must be Malaysian citizens being reliable, respectable and reputable professionals in legal, accounting or financing fields of high caliber, to be appointed by the Executive Committee to review, decide and handle all matters relating to the MABA Welfare & National Teams¡¯ Performance Accreditation Fund.

 

21.2 The Welfare & National Teams¡¯ Performance Accreditation Fund Board shall be an

independent body responsible and report only to the Executive Committee.

 

21.3 The Welfare & National Teams¡¯ Performance Accreditation Fund Board shall meet

from time to time as and when the circumstances requires.

 

21.4 Subject to prudent reserve, all or a substantial portion of the MABA Welfare &

      National Teams¡¯ Performance Accreditation Fund Board shall be invested in unit   

and/or fixed deposits managed by reputable financial institutions in Malaysia in such manner as shall be decided from time to time by the Executive Committee in order to generate sufficient income to meet its obligation hereof.

 

21.5 Subject to sufficiency and availability of funds, the Welfare & National Teams¡¯

Performance Accreditation Fund Board shall consider any application received as recommended by the Presidential Council and the best possible mode and manner to assist and/or reward the eligible applicant before submitting to the Executive Committee for final approval. The decision of the Executive Committee shall be final and binding on all parties concerned and, save for any manifest error, shall not be challenged in anyway whatsoever by any person whomsoever.

 

22.    Disputes

 

22.1 Any disputes between a member and the Association, or with another member of the

Association or between a member of the Association and any of its member (affiliate or individual), shall be resolved amicably in the first instance through mediation, and if amicably resolved at this stages, the matter shall be deemed fully settled with no further recourse.

 

22.2 Only if mediation fails, then such dispute shall be referred to an arbitration tribunal

within Malaysia where an arbitrator(s) will be appointed with the consent of the parties concerned. After exhausting all avenues or resolution, the matter may be referred to the Minister or Youth and Sports where his decision shall be final. Any international disputes with regards to rules and regulation of sports should be referred to the International Court or Arbitration or Sports (ICAS).

 

22.3 All awards or decisions published or announced by the said tribunals shall be final and

binding upon all parties concerned.