Revised No: 3
Date: 09-05-2011

THE CONSTITUTION OF
“DEWAN PERNIAGAAN DAN PERINDUSTRIAN CINA BINTULU”
(BINTULU CHINESE CHAMER OF COMMERCE & INDUSTRY)


ARTICLE 1 : NAME AND ADDRESS

1.1         The name of this Association shall be “DEWAN PERNIAGAAN DAN PERINDUSTRIAN CINA BINTULU”(Bintulu Chinese Chamber of Commerce & Industry)(hereinafter referred to as ”the Chamber”).

1.2         The registered address of the Chamber shall be at Wisma Dewan Perdagangan Dan Perindustrian Cina Bintulu, Lot 2657, Jalan Tun Razak, Tanjung Batu, 97000 Bintulu, Sarawak.

1.3         The postal address of the Chamber shall be P.O.Box 209, 97000 Bintulu, Sarawak.

ARTICLE 2 : OBJECTS

The objects of the Chamber shall be as follows:-

2.1         To promote and enhance commercial and industrial activities;

2.2         To strengthen co-operation and promote goodwill, fellowship and mutual understanding among the members for the advancement of commerce and industry;

2.3         To safeguard the business and economic interest of the members;

2.4         To serve as a channel of communication between the Government and private sectors; and

2.5         To promote, organize and participate in various economic, social, welfare, recreational and charitable activities.(Revised on 1-4-2003)

ARTICLE 3 : FUNCTIONS

The functions of the Chamber for the advancement of the objects of the Chamber shall include but not limited to the following functions:-

3.1         To promote and enhance the business and economic activities in the Bintulu Division

(a)         To promote and improve trade, commerce and industry.

(b)         To deal with commercial and industrial enquiries.

(c)          To compile and analyse economic data and statistics on new and existing markets.

(d)         To organize trade missions and exhibitions.

(e)          To provide useful contacts and information on local and international business developments.

(f)          To publish bulletins and disseminate information relating to commerce and industry on economic trends, reports and other activities.

(g)         To organize seminars and training courses.

(h)         To arbitrate and settle industrial and trade disputes among members.

3.2         To strengthen co-operation and promote goodwill, fellowship and mutual understanding among the members for the advancement of commerce and industry in the Bintulu Division

(a)         To hold fellowship and other gatherings.

(b)         To promote unity, goodwill and harmony among the members and different ethnic groups.

(c)          To carry out activities beneficial to the members.

(d)         To subscribe membership in other associations in Malaysia and to liaise and exchange ideas with trade or commercial or industrial organizations or associations within Malaysia.

3.3         To safeguard the business and economic interests of the members of the Chamber

(a)         To compile complaints and submit views and suggestions of the members to the relevant authorities.

(b)         To represent the members and provide relevant imput to the relevant authorities on views of the private sectors in respect of economic policies and other general matters.

3.4         To serve as a channel of communication between the Government and private sectors in the Bintulu Division

(a)         To represent the interest of the Chinese business community in Bintulu.

(b)         To maintain regular dialogues with ministers, government departments and statutory bodies.

(c)          To keep members abreast of economic policies and provide relevant input to government on views of the private sectors.

3.5         To promote, organize and participate in various economic, social, welfare, cultural, recreational, educational and charitable activities in the Bintulu Division

(a)         To sponsor, organize, participate or support these activities.

(b)         To arrange talks and seminars on these issues.

(c)          To conduct training programmes on these areas.

(d)         To provide grants, scholarships, awards and aids for academic excellence and innovation in education, sport, science, technology, commerce and industry.

ARTICLE 4 : POWERS

The Chamber shall have the power:-

4.1         To invest in stocks and shares; and to own, acquire, take, hire, let, lease or otherwise deal with any moveable and immoveable properties or any kind or description; and, to sell, exchange, charge, mortgage or otherwise deal with such properties; and, to borrow money with or without security including the power to mortgage and give guarantee and obtain loan under credit facility from any licensed financial institutions for the purposes authorized by the Chamber at a General Meeting.

4.2         To acquire properties of any description in Malaysia; and to develop and extend various commercial and industrial undertaking in Malaysia.

4.3         To delegate such powers and discretions to the Executive Committee the Management Committee and other ad hoc committees of the Chamber or authorized individual officers to manage control perform and or carry out any of the objects or functions of the Chamber conferred by the Chamber at a General Meeting.

ARTICLE 5 : MEMBERSHIP

5.1         Any Chinese Malaysian carrying on any commercial or industrial activity within any area of the Bintulu Division, Sarawak, be it a firm, company, corporation or organization registered in accordance with the applicable laws for the time being in force in the State of Sarawak, may apply to be a member of the Chamber.

5.2         Any firm, company, corporation or organization which is owned or controlled by more than 50% of any Chinese Malaysian shall be deemed to be a Chinese Malaysian.

5.3         Any Chinese Malaysian who desires to become a member of the Chamber shall submit a prescribed application form to the Management Committee of the Chamber for consideration.  The Management Committee of the Chamber may accept or reject any application without giving any reason.

5.4         Any Chinese Malaysian on its application for membership being approved shall pay the entrance fee and the annual subscription for the current year.

5.5         The entrance fee of the Chamber shall be RM20.00.

5.6         The annual subscription fee of the Chamber shall be RM120.00 per year ending on the 31st day of December each year or part of a year.

5.7         Every member of the Chamber shall nominate one natural person and one alternate of Chinese Malaysian domiciled in the State of Sarawak as a single representative to represent its firm, company, corporation or organization in the Chamber and every single representative such as nominee or his alternate shall  be eligible to vote and hold any office in the Chamber or any of its Committees of whatever descriptions.  Each member shall be entitled to send only one representative and one vote at any general meeting, however.

5.8         Every member of the Chamber shall be entitled to all rights benefits and privileges subject to all obligations and restrictions the Chamber stipulates or implies.

ARTICLE 6 : RESIGNATION AND FOREITURE OF MEMBERSHIP

6.1         Any member may resign from the Chamber and the said resignation shall become effective upon acceptance thereof by the Management Committee of the Chamber.  The Management Committee may withhold acceptance, however, until all indebtedness has been paid and with such terms as may be determined by the Management Committee.

6.2         Any member whose ownership or controlling power by Chinese Malaysians being reduced to less than 50% shall be disqualified as a member of the Chamber.  The Management Committee shall direct the member concerned to produce documentary evidence of its ownership or controlling power therein and the Management Committee shall thereafter decide whether the member shall be dropped from or retained by the Chamber.

6.3         Any member may be expelled from the Chamber for cause by at least two-third votes cast in any general meeting if a prior notice of not less than 21 days has been issued to the member concerned and this matter shall be expressly stated in an agenda.

6.4         Every member shall cease to enjoy any right benefit or privilege once it ceases to be a member of the Chamber.

ARTICLE 7  :       GOVERNING BODY

7.1         The Chamber shall elect a Management Committee consisting of 25 officers who shall be elected biennially at an annual general meeting.

7.2         Any representative or nominee of an eligible member of the Chamber shall, among the other eligible candidates securing highest member of votes at the annual general meeting be elected as an officer of the Management Committee.

7.3         The Management Committee shall form an Executive Committee within 15 days after the election at the annual general meeting and of which 17 officers shall be elected from the Management Committee as members of the Executive Committee by the officers concerned in persons.

7.4         The members of the Executive Committee shall be as follows:-

(a)         The President

(b)         The 1st Vice President

(c)          The 2nd Vice President

(d)         The 3rd Vice President

(e)          The Honorary Secretary

(f)          The Assistant Honorary Secretary

(g)         The Honorary Treasurer

(h)         The Assistant Honorary Treasurer

(i)           The General Affairs Officer

(j)           The Assistant General Affairs Officer

(k)         The Commercial Affairs Officer

(l)           The Industrial Affairs Officer

(m)        The Human Resource And Development Officer

(n)         The Youth And Recreational Affairs Officer

(o)         The Educational And Cultural Affairs Officer

(p)         The Social Welfare Officer

(q)         The Public Relation Officer

7.5         The Executive Committee has the power to employ or appoint an administration secretary or with one or more clerks to manage and perform their duties and the functions of the Chamber under the supervision and direction of the Executive Committee and the Management Committee.

ARTICLE 8  :       OFFICERS

8.1         The President shall be the chief executive officer of the Chamber; preside at all General Meetings and all other meetings of the Management Committee and the Executive Committee; issue the call for meetings for the Management Committee and the Executive Committee; appoint Sub-Committees or ad hoc committees to assist the Management Committee and the Executive Committee to carry out such duties or functions as may be delegated by the Management Committee or the Executive Committee.

8.2         The Vice President next in the rank shall perform the duties of the President with the same authority as the President if the latter is unable to perform the duties of his/her office for any reason.

8.3          The Honorary Secretary shall keep and maintain general records including records of minutes, meetings, attendance of all meetings, Sub-Committees or ad hoc committees’ appointments, election records, by=laws and membership register; issue notices under the direction of the President, submit annual return and do all other secretarial works.  The Assistant Honorary Secretary shall give necessary assistance as may be directed by the President or to perform the duties of the Honorary Secretary if the Honorary Secretary is unable to perform his/her duties for any reason.

8.4         The Honorary Treasurer shall keep and maintain proper records of all payments, receipts and disbursements; receive all monies and deposit such monies in the financial institutions recommended by the Management Committee; prepare and make financial reports to the General Meetings and such other meetings at the Management Committee; to pay out monies on authority given by the Management Committee.  The Assistant Treasurer shall assist the Honorary Treasurer to perform his/her duties if the Honorary Treasurer is unable to perform for any reason.

8.5         The General Affair Officer shall take charge of the duties to carry out the supervisory functions of the Chamber under the direction and supervision of the President except such functions are otherwise taken charge by other officers.  The Assistant General Affairs Officers shall assist him/her to perform the same duties under the direction and supervision of the President.

8.6         The Commercial Affairs Officer shall compile usual commercial information on business developments; promote commerce and trade; identify prospect for commerce; collect information and data on commercial matters.

8.7         The Industrial Affairs Officer shall compile information relating to industry; identify opportunities for small and medium scale industries; promote industrial development.

8.8         The Human Resource and Development Officer shall arrange or take charge of training programmes on safety procedures, management, industrial relations, research and development, economic policies, investment opportunities and other matter.

8.9         The Youth and Recreational Affairs Officer shall take charge of the duties to develop the skills and seft-esteem for Youth; promote healthy recreational and productive activities for young people; encourage activities beneficial to Youth.

8.10      The Educational and Cultural Affairs Officer shall promote Chinese education and propagate Chinese cultural; promote unity and harmony among the ethnic groups.

8.11      The Social Welfare Officer shall promote high ethical standard in commerce and industry among the members of the Chamber; improve and safeguard social and moral welfare of the members; promote a stable, self-reliant and caring society.

8.12      The Public Relation Officer shall under the supervision of the President act as the liaison officer between the Chamber and the other registered societies in Malaysia, the Chamber and the relevant authorities.

8.13      Each of the Committee Members is an officer without specific portfolio; he shall discharge his responsibilities faithfully and collectively with other officers; to carry out any specific duty designated by the President and make report of such duty to the President and the Honorary Secretary regularly.

ARTICLE 9 :        MANAGEMENT COMMITTEE

9.1         The Management Committee which consists of all the 25 elected officers shall be the supreme council of the Chamber; and, shall carry out the functions of the Chamber; supervise and oversee all the other committees; accountable to members at any general meeting; formulate policy and determine all matters concerning the objects and functions of the Chamber as well as the interest of the members.

9.2         The Management  Committee shall meet at least once in every three months.

9.3         Notice of meeting, setting the purpose, date, time and place thereof shal be given to every officer of the Management Committee, by mail including E-mail, personal delivery of fax, at least 7 days prior to the date thereof.

9.4         The President (if he is absent, the Vice President next in rank) shall preside at all meetings.

9.5         The President shall issue the call for regular and special meetings of the Management Committee to be need at any date time and place to be determined by him.

9.6         Any other 4 officers may jointly call for any general or special meeting to be held at any date, time and place to be determined by the Honorary Secretary.

9.7         The Management Committee shall have the power to appoint sub-committees for furtherance of the objects or functions of the Chamber.

9.8         The Management Committee may make suspend repeal or alter any by-laws or regulations not conflicting with or derogating from the spirits of this constitution but such by-laws or regulations shall only become effective three months after it has been posted at a notice board at the registered address of the Chamber and be made available to members upon any written request and payment of RM1.00 per page.

9.9         Any officer who fails to attend any three consecutive meetings of the Management Committee without cause may be suspended from the Management Committee at any of its meeting.  In the event of any suspension, this vacancy may be filled by any other officer or other member of the Chamber nominated and accepted by a simply majority of the votes cast in such meeting.

9.10      The Management Committee shall form an ad hoc Election Committee biennially which consist of 5 members with a Chairman who shall not contest or seek for any office or post during the election at an annual general meeting.

9.11      A quorum of any meeting at the Management Committee shall be at least 13 members present in persons.  In the absence of a quorum, the meeting shall be postponed to a later date to be determined by the President where no such quorum is needed at such subsequent date.

The Management Committee shall have the power to appoint any retiring officers of the Management Committee as Honorary Advisers or Honorary Presidents for any term of office if the current Management Committee is of the collective opinion that these officers have rendered meritorious services to the Chamber.

ARTICLE 10 :      EXECUTIVE COMMITTEE

10.1      The Executive Committee which consists of all the 17 officers with specific portfolio stated in Article 7.4 hereof shall be elected biennially within 15 days after the election at the annual general meeting by those elected as officers of the Management Committee.

10.2      The office of the President under Article 7.4(a) hereof shall not be held by the same person for more than two consecutive terms but he is still eligible to hold other office in the Executive Committee.  In the event the President in office is also holding the office of the President of The Associated Chinese Chambers of Commerce and Industry of Sarawak(ACCCIS), he shall automatically continue to hold the office the President of the Chambers.(Revised on 26-6-2008)

10.3      The Executive Committee shall be a policy maker of the Chamber shall plan and carry out the functions of the Chamber and accountable to the
Management Committee.

10.4      The Executive Committee shall meet at least once in every two months.

10.5      Notice of meeting setting the purpose, date, time and place thereof shall be given to every member of the Executive Committee, by mail including E-mail, personal delivery or fax, at least 3 days prior to the date thereof.

10.6      The President or if he is absent, the Vice-President next in rank shall preside at all meetings.

10.7      The President shall issue the call for regular and special meetings of the Executive Committee to be held at any date, time and place to be determined by him.

10.8      Any Vice President may with the support of any other member of the Executive Committee call for any general or special meeting to be held a any date, time and place to be determined by the Honorary Secretary.

10.9      A quorum of any meeting at the Executive Committee shall be at least 9 members present in persons.  In the absence of a quorum, the meeting shall be postponed to a later date to be determined by the President where no such quorum is needed at such subsequent date.

10.10   Any member who fails to attend any three consecutive meetings of the Executive Committee without cause may be suspended from the Executive Committee at any of its meeting.  In the event of any suspension, this vacancy may be filled by any other officer not being a member of the Executive Committee as the President shall appoint.

ARTICLE 11 :      GENERAL MEETING

11.1      A general meeting of the members shall be the highest authority of the Chamber.

11.2      The members at a general meeting shall have power to ratify modify override or rescind any action of the Management Committee, the Executive Committee or any decision of any previous general meeting if prior notice of such matter has been given to each member of the Chamber.  A simple majority vote of the members present at such meeting shall be act and decision of the Chamber.

11.3      An annual general meeting of the members shall be held within 60 days after the financial year end (Revised on 9-5-2011) at a date, time and place to be determined by the Management Committee at which the following matters may be considered:-

(a)         to read and pass the annual return, reports and accounts for the preceding year.

(b)         to discuss and decide on all other matters, issues, motions or proposals of which notice shall have been given.

(c)          to appoint an auditors or auditors who shall retire annually but be eligible for re-appointment.

(d)         to elect officers to the Management Committee biennially.

(e)          to appoint three officers biennially as management officers of the Chamber under Article 17.1 hereof.

(f)          to consider any other competent business or matter expressly stated in prior notice issued to every member.

11.4      A notice of annual general meeting stating the date, time and place of such meeting with matters to be considered shall be sent to each member by mail or personal delivery at least 21 days prior to the date thereof and such notice shall also be prominently displayed at a notice board of the registered address of the Chamber from the date of which notice is issued.

11.5      Any motion or matter for consideration at an annual general meeting may be submitted in writing by any member of the Chamber and delivered to the Honorary Secretary of the Chamber stating sufficient particulars including grounds or reasons why such motion or matter should be discussed or considered by members at the annual general meeting on or before the 10th day of December of each year.  The Honorary Secretary shall bring the motion or matter concerned to be discussed by the Management Committee and the Management Committee may accept or reject such motion or matter with amendment if necessary to be considered by members at the annual general meeting without assigning any reason.  If the motion or matter is accepted in toto or accepted with necessary amendment, then such motion or matter shall be included in the agenda or notice of the annual general meeting by the Management Committee.

11.6      No motion or matter may be raised discussed considered or resolved at any general meeting unless sufficient material particulars of such motion or matter has been disclosed in the agenda or notice thereto.

11.7      A quorum of annual general meeting shall be at least 50 eligible members represented by their representatives present and qualified to vote.  In the absence of a quorum, the meeting shall be postponed to a later date to be determined by the President where no such quorum is needed at such subsequent date.

11.8      Any member may nominate any person to attend and vote at annual general meeting by proxy in prescribed form approved by the Management Committee but the person holding proxy shall not be entitled to express view or opinion on behalf of such member at the meeting.

ARTICLE 12 :      EXTRAORDINARY GENERAL MEETING

12.1      An extraordinary general meeting of the Chamber may be convened if the Management Committee shall deem fit or at least one-fifth of the total membership with voting rights make a request in writing stating the purpose or reason for such meeting.  In the event, the Honorary Secretary shall fix a date with sufficient particulars of such meeting.  He shall issue a notice in writing and deliver to every member at least 21 days before the date of such meeting.

12.2      A notice of extraordinary general meeting shall be prominently displayed at a notice board at the registered office of the Chamber from the date of which notice is issued.

12.3      A quorum of extraordinary general meeting  shall be at least 50 eligible members represented by their representatives present and qualified to vote.

12.4      No motion or matter may be raised discussed considered or resolved at extraordinary general meeting unless sufficient material particulars of such motion or matter has been disclosed in the agenda and prior notice has been sent or given to every member.

ARTICLE 13:       ELECTION

13.1      An ad hoc Election Committee consisting of 5 members with one Chairman, one vice Chairman and 3 Committee members shall be formed by the Management Committee at least 60 days before the date of any biennial election of the officers at the annual general meeting.

13.2      An ad hoc Election Committee shall have the duties to make sure that the election are duly called, noticed and held in accordance with the Constitution of the Chamber.

13.3      The Management Committee shall assist the ad hoc Election Committee in the exercise of its powers and the performance of its duties.

13.4      No officer of the Management committee shall direct or control the ad hoc Election Committee in carrying out such functions as may be given to them in or for the exercise of its power or the performance of its duties in relation to the conduct of elections and other matter.

13.5      The ad hoc Election Committee shall implement and uphold the Constitution of the Chamber and make such regulations in writing on election matters provided that such regulations shall not conflict with or derogate from the spirits of the Constitution and make a copy of such regulations available to every candidate free of charge and that such regulations are to be posted to the notice board at the registered address of the Chamber at least 30 days prior to the annual general meeting.

13.6      The Chairman, Vice Chairman and members of the ad hoc Election Committee shall enforce impartiality, fairness and compliance of the Constitution and all such regulations make under the preceding paragraph.

13.7      No member or representative of any member shall be eligible to vote and hold office unless the member concerned has been accepted as a member of the Chamber after a lapse of three months prior to the date on which the ad hoc Election Commission is formed in preparation of election of the officers and all outstanding subscription fees have been fully settled prior to the date fixed for the Election.

13.8      The ad hoc Election Committee shall within 14 days after its formation publish a notice calling for nominations of eligible candidates to contest in the election, stating the date on which nomination papers may be obtained from the registered address of the Chamber or at such other designated places as may be determined by the ad hoc Election Committee and the closing date and time of such nomination which shall not be less than 21 days before the date fixed for the annual general meeting.(Revised on 9-5-2011)

13.9      All the nomination papers shall be in prescribed forms approved by the ad hoc Election Committee.

13.10   All nominations of eligible candidates shall be proposed by any eligible member and seconded by another eligible member of the Chamber.

13.11   No nomination is valid unless the candidate which is an eligible member or its representative has consented to such nomination and abide by the Constitution and the regulations as well as the outcome of the election.

13.12   The Management Committee shall prepare and send a list of eligible candidates with prescribed nomination forms to every eligible member of the Chamber either by mail or personal delivery at least 60 days before the date fixed for the annual general meeting.

13.13   If at the closing date and time of the nomination, the number of eligible candidates with prescribed nomination forms to every eligible member of the Chamber either by mail or personal delivery at least 60 days before the date fixed for the annual general meeting.

13.14   The election of officers for the Management Committee shall be conducted by secret ballot during the annual general meeting by those eligible members present in persons and qualified to vote.

13.15   Every eligible member present in person and qualified to vote shall be issued with one set of ballot paper containing the names of candidates along with their names of their membership for him/her to elect not more than 25 candidates he/she chooses to elect.

13.16   The ad hoc Election Committee shall place an empty ballot box at the place fixed for annual general meeting and all ballot papers shall be put into the ballot box prior to the closing time of the election to be announced by the ad hoc Election Committee.

13.17   The election shall remain open for at least two hours prior to the closing time and after the closing time, the ballot box shall be opened by the Chairman of the ad hoc Election Committee and all the ballot papers shall be counted in the presence of the members at the annual general meeting.

13.18   All the 25 candidates who obtain the highest number of votes shall be declared as elected as officers of the Management Committee.  If the candidates secure the same number of votes, then these candidates obtaining least number of same votes shall be determined by lot casting for the purpose of determining who shall be elected as officers of the Management Committee.

13.19   The ad hoc Election Committee shall within 14 days, from the date of the election of the officers for the Management Committee, hold conduct and supervise a special meeting for the election of Executive Officers for the Executive Committee among and by all the officers elected as Officers of the Management Committee.

13.20   If the number of eligible candidates standing for the election shall not exceed 25 persons at the closing date and time of the nomination, all these candidates shall be automatically returned as officers of the Management Committee.  If there is any more vacancy, the President of the Chamber may appoint any eligible member to fill the vacancy at any time after the election of the Executive Committee.

13.21   The Chamber shall bear all the costs reasonably incurred by the ad hoc Election Committee in carrying out its duties.

13.22   The duties of the ad hoc Election Committee shall cease upon the completion of election of the Executive Committee.

ARTICLE 14:       FINANCIAL MATTERS

14.1      The financial year of the Chamber shall commence on the 1st day of January of each year and end on the 31st day of December in the same year.

14.2      The Honorary Treasurer may hold a petty cash advance of not exceeding RM200.00 at any one time.  All money in excess of this sum shall be deposited into any bank account maintained by the Chamber.

14.3      All cheques or withdrawal notices on all accounts maintained by the Chamber shall be signed by the Honorary Treasurer jointly with the President or in his absence with the Honorary Secretary.

14.4      The Honorary Treasurer shall make regular report on the financial affairs to the Management Committee and ensure that the annual financial statements and accounts for the year be prepared and audited for the approval of the members at the annual general meeting.

14.5      No expenditure exceeding RM500.00 at any one time may be incurred without prior sanction and approval of the Executive Committee.

14.6      No expenditure exceeding RM1,000.00 at any one time may be incurred    without prior sanction and approval of the Management Committee.

14.7      No expenditure exceeding RM10,000.00 (Revised on 17-01-2008) at any one time may be incurred    without prior sanction and approval of the members at a general meeting.

14.8      The members at the annual general meeting shall appoint or employ a suitably qualified auditor or firm of Public Accountants to audit the accounts of the Chamber and produce such reports and accounts which the Chamber may direct and such auditor or firm shall retire annually but eligible for re-appointment.

ARTICLE 15:       PROPERTIES’ MANAGEMENT OFFICERS

15.1      Three officers, who shall be officers of the Management Committee and over 21 years old, shall be appointed as properties’ management officers at the general meeting for the purposes of Section 9(b) of the Societies Act 1966.

15.2      The said three officers shall hold office for a term of 2 years and be eligible for re-appointment.

15.3      All the immovable properties of the Chamber, shall be registered in the Name of the Chamber.

15.4      No management officer shall sign or permit any document or paper to be signed by him/her dealing with any landed or immovable property without prior sanction in writing given by the Management Committee and without authority given under a certificate of authentication under Section 9(b) of the Societies Act 1966.

15.5      No dealing affecting any immovable property shall have any legal effect unless prior sanction and approval of two-third majority is obtained from the members present at a general meeting.

15.6      Any of the properties’ management officers may be removed from office at a general meeting on the ground of any vote of no-confidence with two-third majority of the members present at the meeting, ill-health, unsoundness of mind, bankruptcy, death, guilty of any offence under the Societies Act 1966, absence from the state of Sarawak for a period exceeding 6 months or for any other reason he is unable to perform his/her duty or unable to do so satisfactory.  In the event of such removal, another officer of the Management Committee shall be appointed to fill the vacancy.

ARTICLE 16:       FLAG, LOGO, EMBLEM, SYMBOL OR INSIGNIA

16.1      The flag, logo, emblem, symbol or other insignia of the Chamber and its design and colours shall be displayed as follows:

logobccci

16.2      The accurate description of the design and colours of any flag, logo, emblem, symbol or other insignia of the Chamber and its design and colours shall be represented as follows:-

16.2.1           Double ‘C’ in red shall depict the name of the Chamber

16.2.2           The inner circle of thirteen green and white horizontal stripes embedding the letter ‘C’ shall represent the thirteen States in the Federation of Malaysia in which green colour shall represent the prosperity and growth of the Nation and white colour shall represent a bright future ahead.

16.2.3           The light blue circle bearing the name of the Chamber in Bahasa Malaysia and English shall represent the unity and harmony of all races in the Federation of Malaysia.

16.2.4           The dark blue ribbon at the bottom of the light blue circle bearing the name of the Chamber in Chinese shall represent the spirit of teamwork of all members of the Chamber in achieving its goal.

ARTICLE 17:       AMENDMENT

17.1      No amendment to the Constitution shall be raised at the general meeting without prior sanction of the Management Committee.

17.2          Any member of the Chamber may propose necessary amendment to the Constitution by putting such proposals in writing to the Management Committee for consideration.  The Management may adopt reject or modify any such proposal to be consider by the members at the general meeting if it shall deem fit.

17.3          No amendment to the Constitution shall be valid unless the amendment is approved by a two-third majority of eligible members present at the general meeting but the amendment shall have no legal effect until the approval of the Registrar of Societies.

17.4          No amendment to the Constitution is valid unless advance notice with sufficient particulars stating any reason or ground seeking for such amendment is disclosed and sent or given to every member of the Chamber.

ARTICLE 18:       SPECIAL PROVISION

18.1      All officers or members of the Management Committee, the Executive Committee and under Section 9(b) of the Societies Act 1966 shall be citizens of Malaysia and being Chinese Malaysians domiciled in the State of Sarawak.

18.2      No benefit as defined by Section 2 of the Societies Act 1966 shall be given to any member of the Chamber.

18.3      No person shall hold office or become adviser or employee of the Chamber if he/she is disqualified under Section 9A of the Societies act 1966.

18.4      Wherever the male gender or pronoun presently appears in the Constitution of the Chamber, it shall be interpreted to mean both male and female persons.

18.5      Any notice sent by registered post to the last known address of each member shall be deemed to have delivered within 3 days from the date of posting to the member concerned.  Every member shall inform the Honorary Secretary in writing if any of its address, representative or other particulars is to be changed at any time and such changes shall not take effect until the time the record is duly amended.

ARTICLE 19:       DISSOLUTION

19.1      The Chamber may be dissolved in accordance with the provisions of the Societies Act 1966 provided that the officers of the Management Committee have unanimously agreed in advance to such resolution and that prior notice with sufficient particulars and grounds for dissolution have been published and sent or given to every member of the Chamber at least 60 days prior to any general meeting specifically convened for the purpose.

19.2      The Chamber may only be voluntarily dissolved by an express resolution of not less than three-quarter of the members present at a general meeting specifically convened for that purpose.