The Consitution of The Sheffield Malaysian Students Association
CONTENTS: (As Updated on 28 April 2007)
1. Name
2. Aims and Objectives
3. Society's Policies
4. Membership
5. Membership Fees
6. Management
7. Responsibilities of Executive Members
8. Resignation and Removal of Office or Duties
9. Liability and Indemnity
10. Annual General Meeting (AGM)
11. Extraordinary General Meeting (EGM)
12. Financial Provision and Accounts
13. The Auditor
14. Amendments to The Constitution
15. Dissolution
1. NAME
The name of Society shall be ‘Sheffield Malaysian Students Association’, hereinafter called the Society, and is abbreviated as ‘SMSA’. The Society will be registered under The University of Sheffield Union Of Students and hence it shall be located at The University of Sheffield, United Kingdom.
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2. AIMS AND OBJECTIVES
2.1 To bridge the gap between Malaysian community in Sheffield regardless of their age, race and faith
2.2 2.2 To represent Malaysian identity, parallel with our role as mini Malaysian ambassadors in Sheffield, as long as Islam and Sheffield’s policy is not contravened.
2.3 2.3 To take care of the general welfare as well as to protect the interests and rights of members of society in the University of Sheffield
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3. SOCIETY’S POLICIES
3.1 SMSA is a non-political student organisation, with members from different racial, religious and ideological background. Hence, it shall maintain its neutral stand by not collaborating with any other political bodies.
3.2 No activity organized under the society should go against the religious teachings i.e. Islamic teachings.
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4. MEMBERSHIP
Membership is open to all Malaysian students in Sheffield, United Kingdom. Types of membership offered by the Society are: -
4.1 Ordinary member
Ordinary membership shall be open to all Malaysian students studying in the University of Sheffield, United Kingdom. An ordinary member shall be entitled to hold office, vote and enjoy all rights and privileges appertaining to the membership of the Society.
4.2 Associate member
Associate membership shall be open to any Malaysians who are not eligible for the ordinary membership, including Malaysian students in other universities or colleges in Sheffield, as well as the spouses and children of any Malaysian students in Sheffield. Also the membership shall be open to all non-Malaysian in the University of Sheffield. An associate member shall entitle to all rights and privileges of an ordinary member except that he/she may not hold office.
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5. MEMBERSHIP FEES
5.1 FEES
5.1.1 The fees for all type of membership are as follows: -
a. Entrance fee – GBP 4.00* (this fee is applicable to any person wishing to register with the Society for the first time)
b. Annual fee – GBP 3.00* (this fee is applicable to any members wishing to continue their membership for the next academic year
5.1.2 The year shall be deemed to run from the date of the registration until one week before the starts of the next autumn semester. The new membership application form shall be distributed one week before the commencement of the new autumn semester.(*) Subject to changes solely by the discretion of the Executive Committee.
5.2 CESSATION OF MEMBERSHIP
Membership shall be ceased in either of the following cases: -
5.2.1 Any member whose membership is more than sixty days in arrears, and who has received a reminder in writing from the General Secretary, may be suspended from membership by the decision of the Executive Committee. Any person whose membership has ceased from this cause shall at any time thereafter be reaccepted as a member on payment of all arrears due from him/her.
5.2.2 By resignation: Any member wishing to resign must send written notices to the General Secretary.
5.2.3 Termination of studies: Ordinary membership ceases when the person terminates his/her studies at the University of Sheffield. Thereafter, he/she is eligible to apply for an associate membership.
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6. MANAGEMENT
6.1 The Society shall be managed by the Executive Committee which shall be elected at the Annual General Meeting (AGM).
6.2 The Executive Committee of the Society shall comprise the following:
a. President
b. Vice President
c. General Secretary
d. Treasurer
e. Islamic Affairs Officer
f. Welfare & Recreation Officer
g. Women’s Officer
h. Careers & Academic Officer
i. Communication Officer
j. Officer 1
k. Officer 2
l. Webmaster
6.3 The Executive Committee shall be empowered to make decision on behalf of the Society and carry out the activities in accordance with aims, objectives and the policies of the Society and the Constitution.
6.4 The Executive Committee shall meet at least once a month (*) for general business. 2/3of the total number of the Executive Committee members excluding the President shall constitute the Executive Committee quorum.
6.5 The Executive Committee shall exercise its decision-making powers within the society’s aims, objectives and policies based on the President’s approval with the 2/3 majority resolution of the Executive Committee quorum. A decision not approved by any one of the two executive entities is deemed invalid. In the absence of the President, the Acting President shall have this executive power.
6.6 In the event of the absence of either the President’s approval or the 2/3 majority resolution of the Executive Committee quorum on an issue of contention, the issue shall be deferred from implementation for the maximum of 30 days from the commencement of the dispute. Within the 30 days period, the issue of contention shall be debated until a compromise is attained between the two executive entities. Should not this be possible, the issue shall be brought to an Extraordinary General Meeting (EGM) and debated publicly after the 30 days period. The decision shall then be based on a 2/3 majority resolution of the EGM quorum. Should a majority resolution of not less than 2/3 of the EGM quorum is not achieved, the decision shall later be referred back to the Executive Committee and re-debated. Should the approval of both the Executive Committee quorum and the President is not achieved by this stage, the President shall have the final say on the issue of contention insofar his decision is consistent with the Constitution. In the absence of the President, the final decision on the issue of contention shall then be based on the 2/3 majority resolution of the Executive Committee quorum and not the Acting President’s decision insofar the decision is consistent with the Constitution.
6.7 Any creation or dissolution of a bureau within the Executive Committee, is subject to the resolution of not less than 2/3 of the AGM or EGM quorum.
6.8 Each Officer shall appoint one deputy in assisting him/her tasks. The deputies do not constitute the Executive Committee. However, the deputies shall be allowed to attend the Executive Committee meetings and participate in the discussion by the discretion of the President. Their voting rights during these Executive Committee meetings are also subject to the President’s discretion.
6.9 (*) Subject to changes solely by the discretion of the President.
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7. RESPONSIBILITIES OF THE EXECUTIVE MEMBERS
7.1 President
It shall be the sole authority of the President to call for Executive Committee meetings and preside at those meetings and perform such other duties as ordinarily pertaining to his office. The President is directly responsible in ensuring the Society is run in accordance with the Constitution of the Society. The President is also responsible to appoint the Society’s Honorary General Secretary for his tenure of office.
7.2 Vice President
It shall be the duty of the Vice-President to assist the President in regards to all matters throughout the President’s tenure of office. He/she shall also act for and on behalf of the President in his absence. However, he/she shall neither the final say in regards to issues of contention as described in Article 6.6 during this period.
7.3 General Secretary
It shall be the duty of the General Secretary to keep the records of the Society’s membership, attendance at meetings, send out notices of meetings, record the minutes of meetings and performs such other duties usually pertain to his/her office.
7.4 Treasurer
It shall be the duty of treasurer to have custody of all funds and keep accounts of all monetary transactions of the Society.
7.5 Executive Committee Members
Executive Committee members shall attend all meetings and assist the above officers in performing their duties.
a. Islamic Affairs Officer – shall be responsible for organizing all religious activities of the Society under the direction of the appointed Executive Committee.
b. Welfare & Recreation –shall be responsible for organizing all welfare and sports and recreational activities of the Society under the direction of the appointed Executive Committee.
c. Women’s Officer – shall be responsible for the welfare of the Society’s female members under the direction of the appointed Executive Committee.
d. Career & Academic –shall be responsible in organizing events aiming at improving members’ personal and soft skills and other career development activities as well as academic matters under the direction of the appointed Executive Committee.
e.Communication –shall be responsible to supervise and maintain the Society’s official website and any publications issued on behalf of the Society.
f. Officers 1 and 2 – the responsibilities for both of the officers will be determined by the Executive Committee based on the yearly objectives they wanted to achieve.
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8. RESIGNATION AND REMOVAL OF OFFICE OR DUTIES
8.1 PERIOD OF OFFICE
8.1.1 The period of office for Executive Committee and his/her deputy shall begin immediately following their election and shall continue until their successors have been elected in the next AGM, as specified by clause 10.1.
8.2 RESIGNATION
8.2.1 Any member of the Executive Committee and his/her deputy may resign from any post or duties by writing to the secretary of the relevant committee, or to the President.
8.2.2 Any member of the Executive Committee and his/her deputy will also be deemed to have resigned should he/she ceased to become the member of the Society as specified in clause 5.2.1 and 5.2.3
8.2.3 Unless otherwise stated, resignations shall take immediate effect and all entitlements of office shall be withdrawn.
8.2.4 The Executive Committee shall have the authority to fill any such vacancy other than of the President, Vice President and General Treasurer which can only be filled via an AGM or EGM. The President shall have the sole authority to fill the position of General Secretary. In the event of three or more vacancies of any position occurring on the same time, such vacancies shall be filled by members elected at an EGM, which shall be held within 30 days of its occurrence.
8.3 ABSENCE FROM MEETINGS
8.3.1 Any member of the Executive Committee who has been absent for three consecutive meetings, unless an explanation is given and is considered by the Executive Committee to be satisfactory, shall cease to become a member of the Executive Committee and deemed to have resigned.
8.3.2 Any member who is deemed to have resigned in accordance with Clause 8.3.1 and 8.2.2 above shall be entitled to appeal in writing to the Union Assembly and shall not be present during the consideration of the appeal.
8.3.3 In the event of the resignation or permanent absence of the President, the Vice President shall become the Acting President with certain limited authority as shall be described in Article 7.2 until the new President has been elected at the EGM, which shall be held within 30 days from the commencement of the resignation or permanent absence of the President.
8.3.4 In the event of temporary absence of the President, the Acting President is subject to the similar duties of the President with certain limited authority as shall be described in Article 7.2 until the President resumes his presidency.
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9. LIABILITY AND INDEMNITY
9.1 No members of the Executive Committee shall be liable for any loss, damage, injuries or misfortune that may be incurred by the Society and its members as a result of the proper execution of her/his duties.
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10. ANNUAL GENERAL MEETING (AGM)
10.1 The Annual General Meeting (AGM) shall be convened a few weeks before the spring semester examination starts of each year.
10.2 The agenda for the AGM shall be: -
a. To confirm the minutes of the previous AGM
b. To receive the reports from all Heads of Bureaus regarding their activities and progress throughout the year.
c. To receive the Treasurer’s report and audited accounts of the Society for the year.
d. To elect the new Executive Committee members and appoint auditors for the following year except the post of General Secretary.
e. To dispose off any other matters of which three week’s notice has been given.
10.3 The General Secretary shall circulate advanced notice of the meeting 14 days before informing the date, time and place of the meeting and requesting members to forward any matters or suggested amendments to the Constitution for discussion during the AGM.
10.4 The issues for discussion should be received by the General Secretary, 3 weeks before the date of the AGM.
10.5 The General Secretary shall circulate to all members at least 7 days before the AGM, the agendas for the AGM, copies of the minutes of the previous year, issues for discussion at the AGM, the Executive Committee and the financial report together with the audited accounts of the previous year.
10.6 The quorum for the AGM shall be more than 1/3 of the membership registered. If half an hour after the time appointed for the meeting, a quorum is not present, the AGM shall be postponed to a later date decided by the Executive Committee. Should there be no quorum again at the appointed time for the postponed AGM, the members present shall proceed with the business for the day but they shall not have the authority to amend the Constitution only.
10.7 In order to pass a resolution a simple majority of the AGM quorum is required.
10.8 Each ordinary and associate member who attends the AGM shall be entitled to one vote for each post.
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11. EXTRAORDINARY GENERAL MEETING (EGM)
11.1 Extraordinary General Meeting (EGM) shall be convened at any time: -
a. If the Executive Committee deems it necessary.
b. At the written request of one-third of its members, stating the reason for the request.
11.2 The notice and the agendas for the extraordinary general meeting shall be forwarded by the General Secretary to all members at least 14 days before the date fixed for the meeting.
11.3 The quorum of the AGM shall also apply to an extraordinary general meeting, with the proviso that should there be no quorum after half an hour from the time of the EGM, the EGM shall be cancelled forthwith. The EGM for the same purpose shall not be convened again until after the lapse of six months from the date thereof.
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12. FINANCIAL PROVISION AND ACCOUNTS
12.1 The funds in the keeping of the Society shall be expanded for the purpose necessary to meet its objectives.
12.2 The Treasurer may hold a petty cash advance not exceeding GBP 200 (two hundred Pounds only) at any one time. All monies in excess of this amount shall be deposited in a Bank approved by the Executive Committee within 7 days of its receipt.
12.3 No expenditure exceeding GBP 100 (One hundred Pounds Only) at any one time shall be incurred without prior sanction of the Executive Committee.
12.4 The Financial Year commences on the day of the election of the new Executive Committee members and ends on one week upon the step down day of the same Executive Committee members.
12.5 Soon after the end of each financial year, a statement of accounts shall be prepared and audited by the Auditor. The audited accounts shall be submitted to the AGM and copies of which be circulated to all members.
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13. THE AUDITOR
13.1 One person who is not the Executive Committee members shall be appointed by the AGM. He/she shall hold office for one year.
13.2 The Auditor shall be required to audit the accounts of the Society for the year in question and prepare a certificate and report for the AGM.
13.3 The Auditor may be required by the President to audit the account of the Society for any given period during their tenure of office and to submit a report to the Executive Committee.
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14. AMENDMENTS TO THE CONSTITUTION
The constitution of the Society may not be altered or amended except by a resolution of not less than 2/3 of the AGM or EGM quorum. Any amendments should not be in conflict with the society’s policies (Refer 3.1 and 3.2).
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15. DISSOLUTION
15.1 The Society may be voluntarily dissolved by a resolution of not less than 3/5 of the total membership in benefit.
15.2 In the event of the Society being dissolved as provided above, all debts and liabilities legally incurred on its behalf shall be fully discharged and the remaining funds shall be disposed off in such a manner as may be decided upon by an extraordinary general meeting.
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