Constitution of Malaysian Ladies Golf Association
In this constitution, unless the context otherwise stipulates, the following interpretation shall prevail:-
means Any of the Committee Member or Co-opted Members of the committee or other Officers of MALGA;
The Association shall known as Persatuan Golf Wanita Malaysia (Malaysian Ladies Golf Association) hereinafter referred to as“MALGA”.
Registered Address Place of Business
2.1 MALGA shall have its registered address at the Kelab Golf DiRaja Selangor, Kuala Lumpur, Malaysia.
2.2 MALGA’s place of business and its postal addresses shall be 2nd Floor, Wisma OCM, Jalan Hang Jebat, 50150 Kuala Lumpur or at such other place or places as may from time to time be decided by the Committee.
2.3 The place of business shall not be changed without the prior notification to the Commissioner of Sports.
3.1 The emblem of MALGA shall be made up as follows:-
3.1.1 A tiger holding a Malaysian flag in triumphant victory.
3.1.2 On either side of the tiger are “awan larat” designs in gold, signifying an aspect of Malaysian culture.
3.1.3 Below the tiger are the initial “MALGA” in blue. [“MALGA” is the acronym for Malaysian Ladies Golf Association.]
3.1.4 Below that, in a shield shaped enclosure is a lady golfer in a red blouse and skirt, over a blue background.
3.1.5 A scroll, beneath this shield which extends upwards on either side, contains the words “MALAYSIAN LADIES GOLF ASSOCIATION 1983”. 1983 is the year of inauguration.
3.1.6 The emblem shall be as reproduced below.
3.1.7 The main colors of the emblem correspond to that of the national flag.
Aims and Objectives
4.1 To promote the game golf amongst ladies in Malaysia and to raise funds for such purposes.
4.2 To obtain affiliation with the Malaysian Golf Association and other national and international organizations established for the promotion of golf and to represent Malaysia in ladies golf.
4.3 To establish uniformity in the observance of the Rules of Golf as prescribed for the time being by the Royal and Ancient Golf Club of St Andrews subject to such Local Rules made by the Committee from time to time.
4.4 To observe the United State Golf Association handicap system.
4.5 To promote, organize and conduct an Annual Ladies National Amateur Championship, an Annual Ladies Open Amateur Championship and such other tournaments as may be deemed appropriate.
4.6 To participate in international golf tournaments.
4.7 To do all things necessary with regard to settle a dispute or disputes as between:-
a) a Member and another Member;
b) a Member and the Official of MALGA;
amicably through the means of mediation or of arbitrations, whichever is deemed appropriate in the circumstances of the matter.
4.8 To raise and expend funds for the promotion, development, management and conduct of the game of golf.
5.1 MALGA may by unanimous resolution elect a patron at the Annual General Meeting. The Patron shall be appointed for the duration of her natural life, unless she retires on her own accord.
6.1.1 Membership shall be open to all Ladies subscribing to the objects of MALGA and paying the Prescribed Entrance Fee and Subscription. No restrictions shall be imposed on any person by virtue of club affiliation on lack of affiliation, the ownership or otherwise of a valid handicap or her experience in the game of golf.
6.1.2 There shall be four (4) categories of membership:-
i) Founder Members
ii) Life Members
iii) Junior Members
iv) Honorary Members
6.2 Founder Members
Founder Members are those who have attended the inaugural Meeting on 19 th March 1983 and have contributed RM 5,000.00 to MALGA. Founder Members shall be deemed to be a Life Member and have full voting rights and shall be exempt from payment of Entrance Fee or Subscription.
6.3 Life Members
Life Membership shall be open to Ladies who are:-
• Malaysian citizens; or Non-Malaysian citizens residing in Malaysia.
Life Members are those members who have paid the prescribed Entrance Fee and the One Time Subscription.
6.4 Junior Members
Junior Membership shall be open to Ladies who are:-
(i) Malaysian citizens; and
(ii) Below the age of 18 years on the first day of January of each calendar year.
A Junior Member shall have no vote at all Meetings of MALGA and shall be entitled to such privileges of Membership as Life Members as the case may be.
Upon attaining the age of 18 Junior Members are encouraged to apply for Life Membership.
6.5 Honorary Members
The Committee may invite any distinguished person to be an Honorary Member. An Honorary member shall be entitled to all privileges of Membership but shall have no vote at all Meetings of MALGA.
6.6 Golden Girls
Members who have attained the age of 50 will be given the honorific term of Golden Girls upon specific requests by the members.
6.7 Every application for Life and Junior Membership shall:-
a) be completed in form prescribed by the committee; and
b) be proposed and seconded by two existing members in good financial standing with MALGA.
Each application received by the Secretariat shall be forwarded to the Honorary Secretary, who shall at the first convenient opportunity, submit it to Committee for approval. The committee may at its discretion reject any application without assigning any reason thereof.
6.8 Every applicant whose application has been approved as aforesaid shall upon payment of the prescribed Entrance Fee and Subscription, be admitted as a member of MALGA and shall be entitled to all privileges of Membership subject to any restrictions imposed in this Constitution.
Entrance Fee and Subscription
7.1 The Entrance Fee, the One Time Subscription or the Annual Subscription shall be at such rate as the Committee may determine from time to time, subject to confirmation by General Meeting.
7.2 All Annual Subscription are in respect of per calendar year and shall be payable to the Honorary Treasurer no later than the 31st January of that year failing which that Member shall be in default and deemed to be not in good financial standing with MALGA provided that subscriptions from new Members may be pro-rated by the committee in its absolute discretion.
7.3 Members who are in default or not good financial standing shall be denied the privileges of Membership until she settles her account.
7.4 The Membership status of any Member whose subscription remains in arrears as at 31st December of the relevant year shall automatically lapse. Any such Member may re-apply to join MALGA and shall be required to pay the prevailing Entrance Fee and subscription.
Obligations of Members and Office Bearers
8.1 A Member of MALGA shall:-
8.1.1 abide by the Constitution and any by-laws, rules or regulations issued by the Committee from time to time;
8.1.2 notify the Honorary Secretary of every change of her address;
8.1.3 pay all monies due to MALGA within the stipulated time;
8.1.4 exhaust all available internal processes and procedures pursuant to the Constitution Of MALGA with regards to any dispute or
complaint or grievance before resorting to any other avenues or processes.
8.2 All Committee Members and Officers of MALGA shall:-
8.2.1 act honestly, fairly, prudently and good faith and in the interest of MALGA and of the sport of golf;
8.2.2 exercise due care, fairness, diligence and skill of a prudent person, in carrying out her duties and responsibilities; and
8.2.3 avoid conflicts of interests.
8.3 No statements on behalf of, or in the name of, MALGA shall be made except by the President or by the President’s authority or that of the
8.4 Written complaints may be submitted to Honorary Secretary, copied to the President and the Honorary Secretary shall forward the same to the
Committee at the next Committee Meeting.
8.5 Upon receipt of the complaint fro the Honorary Secretary, the Committee shall refer the matter to a Disciplinary Committee or to an independent
Ad Hoc Committee (as the case may be), to investigate any breach, infringement, non-compliance or violation of any provision of this Constitution
and any misconduct by any official or Committee Member of MALGA. The said Disciplinary or Ad-hoc Committee shall report its findings to the
Committee within thirty (30) days of receipt of complaint. In the event, the Disciplinary or Ad Hoc Committee finds the
Member / Official / Committee Member guilty of offence complained of, the Disciplinary or Ad Hoc Committee shall recommend to the committee
to impose any of the penalties as provided in Article 20.
Cessation of Membership
9.1 Any Member who wishes to resign from MALGA shall give (2) weeks’ notice in writing to Honorary Secretary. Resignation shall not extinguish any liabilities which arose during the period of Membership.
9.2 A Member shall automatically cease to be a Member of MALGA if:-
i) she shall die or be adjudicated bankrupt (unless consent of the official Assignee is obtained) or be or become the subject of a State for time being at war with Malaysia;
ii) her annual subscription is more than one (1) year in arrears; and
iii) a notice in writing is sent to the honorary Secretary that Member has resigned.
9.3 The decision of the Committee as to whether any Member has come within the provisions of this Article shall be final and binding on such Member.
9.4 Any Member who ceases to be a Member in pursuance of this Article shall be liable to pay all arrears of subscription due by her at the date of so ceasing to be a Member.
9.5 If any Member fails to conform to any published rules and regulations of MALGA or is guilty of conduct derogatory to the dignity of or injurious to the reputation or interest of MALGA, she may the subject to the Honorary Secretary and Article 8.4 and 8.5 shall thereafter apply to the complaint.
9.6 An expelled Member shall not be eligible to rejoin MALGA:-
9.6.1 for at least (3) years from the date of the expulsion; and/or
9.6.2 without the express permission of the Committee.
10.1 The supreme authority of MALGA is vested in General Meeting of the Voting Members. At least five (5%) of total Voting Membership of MALGA or twice the total number of Members of the Committee, whichever is the lesser, must be present at a General Meeting for its proceedings to be valid and to constitute a quorum. However, all Members shall be entitled to attend a General Meeting of Members and speak thereat subject to any voting restrictions imposed upon them by this Constitution.
10.2 If half an hour after the time appointed for the Meeting, a quorum is not present, the Meeting shall be adjourned to a date [not exceeding thirty (30) days] to be decided by the Committee; and if a quorum is not present half an hour after the time appointed for the adjourned Meeting, the Voting Members present shall have power to proceed with the business of the day but they shall not have power to alter the Constitution of MALGA or to make decisions affecting the whole Membership.
10.3 An Annual General Meeting of MALGA shall be held as soon as possible after the close of each financial year but not later than 30 th of June on a date and at a time and place to be decided by the Committee. The business of the Annual General Meeting shall be:-
10.3.1 To confirm the minutes of the previous Annual and / or any Extraordinary General Meeting;
10.3.2 To discuss matters arising there form;
10.3.3 To receive the Committee’s report on the workings of MALGA during the previous year;
10.3.4 To receive and adopt the Audited Financial Statement of MALGA for the previous year;
10.3.5 To consider any other business for which due notice in writing shall have been given;
10.3.6 To elect Committee;
10.3.7 To appoint an auditor at a remuneration to be fixed by the Committee.
10.4 Fourteen (14) clear days’ notice to the Honorary Secretary in writing shall given by any Voting Member desiring to bring forward any special business at any General Meeting and notice thereof shall be circulated to all Members by the Honorary Secretary prior to such General Meeting.
10.5 The Honorary Secretary shall send to all Members at least thirty (30) clear days before the Meeting, a notice of the Annual General Meeting stating the date, the time and the place together with an agenda including copies of minutes of the previous Annual General Meeting, reports and Audited Financial Statement of MALGA for the previous year. Copies of these documents shall be made available at the place of business of MALGA for the perusal of Members.
10.6 An Extraordinary General Meeting of MALGA shall be convened by the Honorary Secretary at the instance of the President or the Committee or on the request in writing of not less than thirty (30) Voting Members who shall be in good financial standing with MALGA for the past six (6) months prior to the date of the request. At least 50% of the requisitioning Members must be present at the Extraordinary General Meeting (unless satisfactory explanation is given), failing which the Committee shall be entitled to charge the cost of convening the Extraordinary General Meeting to the absent requisitioning Members.
10.7 An Extraordinary General Meeting requisitioned by Members shall be convened on date within forty-five (45) days of the receipt of such requisition.
10.8 Notice and agenda for an Extraordinary General Meeting shall forwarded by the Honorary Secretary to all Members at least thirty (30) days before the date fixed for the meeting.
10.9 All notice of meetings shall be sent out the Members by pre-paid post to the Members’ last known address, but accidental omission to give notice to any member shall not invalidate the Meeting.
10.10 Notification by fax transmission or electronic mail shall be acceptable, provided that such fax or electronic mail notification, shall be subsequently supported by postal or recorder delivery.
10.11 Paragraph 10.1 and 10.2 of this Article regarding the quorum and the adjournment of Annual General Meeting shall apply also to an Extraordinary General Meeting, but with the proviso that if a quorum is not present after half an hour from the time appointed for an adjourned Extraordinary General Meeting requisitioned by Members, the Meeting shall be cancelled, and no Extraordinary General Meeting shall be requisitioned for the same purpose until after the lapse of at least six (6) months from the date of the adjourned Extraordinary General Meeting.
Voting at Meetings
11.1 Unless otherwise provided by these Articles, all matters shall be decided by simple majority of the Voting Members present.
11.2 Unless otherwise provided by these Articles, at any General Meeting, a resolution put to the vote of the Meeting, shall be decided on a show of hands unless a poll is (before or on the declaration of the result of the show of hands) demanded by the Chairman of the Meeting or by at least three (3) Voting Members present in person. Unless a poll be so demanded, a declaration by the Chairman of the Meeting that a resolution has on a show of hands been carried or carried unanimously, or by particular majority, or lost and an entry to that effect in the book containing the minutes of the proceedings of MALGA shall be conclusive evidence of the fact without proof of the number or proportion of votes in respect, of such resolution. The demand for a poll may be withdrawn.
11.3 Voting rights are only accorded to Voting Members. A Voting Member is a Member who:-
i) has been a Life Member of MALGA for at least one (1) year;
ii) is in good financial standing with MALGA.
11.4 Subject to Article 11.3 each Voting Member shall be entitled to one vote. The Chairman of the Meeting shall have a casting vote provided that this is done before the result is known.
11.5 Nothing herein shall affect the voting rights of any Members who are Members of MALGA prior to the coming into effect of this Constitution, who shall be deemed for the purposes of this Constitution to be Voting Members.
12.1 The Management of MALGA shall be vested in a Committee consisting of:-
i) A President
ii) Two (2) Vice President
iii) Honorary Secretary
iv) Honorary Treasurer
v) Four (4) Ordinary Committee Members
12.2 The newly-elected Committee takes office at the conclusion of the Annual General Meeting at which they were elected and shall hold office for two (2) years.
12.3 Further, the Committee may at any time appoint any number of persons as Co-opted Members of the Committee for specific functions and may fill casual vacancies. A Co-opted Member or Member filing a casual vacancy can be removed at any time for any reason by the Committee.
12.4 No person shall be eligible for election as one of the Members of the Committee if:-
i) that person does not qualify as a Voting Member at the date on which nominations are closed;
ii) that person is not a Malaysian citizen.
12.5 Committee Members selected at an Annual General Meeting shall hold office for two (2) years and shall retire at the second Annual General Meeting after election. Retiring Committee Members shall be eligible for re-election.
12.6 Any Committee Member standing for a post in the Committee, other than a position which she is presently holding, at the next Annual General Meeting of MALGA, shall resign from the post, forty-five (45) days before the Annual General Meeting and submit the nomination form in accordance with Article 13 as provided in the Constitution.
12.7 Subject to this Constitution and to any directions of a General Meeting, the Committee may regulate its own affairs as it sees fit. The Committee may deal with all matters which are within the scope of the aims and objects of MALGA and shall consider such matters brought forward for action or otherwise in such manner, time and place as may be determined by the Members thereof provided that at the discretion of the President, any matter may be reserved for the decision of MALGA in General Meeting.
12.8 The Committee shall meet at least once each month and seven (7) days notice of each Meeting shall be given to the Committee Members, except where the President acting alone, or not less than four (4) Committee Members acting together may call for a Meeting of the Committee to be held at any time, in which event the aforesaid notice period may be waived. At least one half (1/2) of the Committee Members must be present for its proceedings to be valid and to constitute a quorum. A copy of the agenda for any Committee Members shall be posted or delivered to every Member of the Committee and to reach that Member not less than forty-eight (48) hours before the time fixed for the holding of that Meeting.
12.9 Where any urgent matter requiring the approval of the Committee arises and it is not possible to convene a Meeting the Honorary Secretary may obtain such approval by means of a circular letter. The following conditions must be fulfilled before a decision of the Committee is deemed to have been obtained:-
12.9.1 the issue must be clearly set out in the circular and forwarded to all Members of the Committee;
12.9.2 at least one half of the Members of the Committee must indicate whether they are in favor or against the proposal;
12.9.3 the decision must be by a majority vote.
Any decision obtained be circular letter shall be reported by the Honorary Secretary at the next Committee Meeting and recorded in the minutes thereof.
12.10 The position of any Committee Member absent for three (3) consecutive Meetings (be it Committee or General Meeting) without leave of absence, shall automatically become vacant. Acceptance of an apology by the Committee at the Meeting shall be deemed to be granted such leave.
12.11 In the event of any vacancy in the Committee by reason of the operation of article 12.9 or 12.15, the Committee may, if it thinks fit, co-opt any other Member of MALGA to fill the vacancy until the next Annual General Meeting.
12.12 A record of decision and actions of the Committee shall be made and kept by Honorary Secretary and shall be opened for inspection by any Committee Member.
12.13 The position of any Committee Member may be declared vacant by a resolution passed by a seventy-five per cent (75%) majority at a General Meeting, provided that at least thirty (30) days written notice of the proposed resolution is given and provided also that the Member concerned is given an opportunity to be heard before the resolution is voted on. The vacancy so arising may be filled in accordance with the provisions of this Constitution governing casual vacancies, unless the General Meeting resolves:-
i) not to fill vacant position until next election;
ii) to appoint some specific person to the vacant position to hold office until the next election.
12.14 The position of any Committee shall automatically become vacant if that Member:-
i) becomes an insolvent, of unsound mind, is convicted of any offence punishable on conviction with imprisonment for more than one (1) month;
ii) resign by notice in writing to the President;
iii) without consent of a General Meeting holds any office of profit under MALGA;
iv) becomes directly interested in any contract or proposed contract with MALGA and fails to declare that interest to the Committee or to a General Meeting;
vi) ceases to be good financial standing with MALGA.
13.1 Nominations for the posts of any of the Committee Members shall be invited from Voting Members by the Honorary Secretary at least thirty (30) days before a General Meeting in which the elections are to be held.
13.2 Nominations in writing duly proposed and seconded by Voting Members with the written consent of the said nominee, must be received by the Honorary Secretary not later than fourteen (14) days before the General Meeting upon which nominations shall close.
13.3 The Committee shall appoint an independent person as Election Chairman at least sixty (60) days prior to the elections to conduct the elections at the General Meeting.
13.4 Names of candidates for each of the contested post shall be set out in the ballot papers in the order of the time and date on which nomination of the candidate was received by the Election Chairman.
13.5 Voting shall be by secret ballot to be presided by the Election Chairman who shall be assisted by scrutineers appointed at the General Meeting.
13.6 All ballot papers received shall indicate clearly and unambiguously in the space provided, the intended candidate voted for. Any erasure obliteration or deletion on the said ballot paper shall render such ballot paper null and void.
Duties of Committee Members
14.1 The President shall during her term of office, preside at all General Meetings and all the Meetings of the Committee and shall be responsible for the proper conduct of all such Meetings. Subject to Article 11.4, she shall have the casting vote and shall sign the Minutes of each Meeting at the time they approved.
14.2 The first Vice – President shall deputize for the President during the latter’s absence and shall further be responsible for Training & Development Sub-Committee which shall include the duties as detailed under Article 15.2.2.
14.3 In the absence of the President and the first Vice – President, the second Vice – President shall deputize for the President.
14.4 The Honorary Secretary is responsible for the MALGA Secretariat and the functions of the Secretariat Sub-Committee which duties include:-
i) responsible for the Secretariat and paid staff of MALGA;
ii) communicating the wishes of the Committee to the Secretariat;
iii) together with the Secretariat, to conduct all correspondence and keeping all books, documents and papers except the accounts and financial records;
iv) to maintain a Membership Register with particulars as the Committee shall require and which shall be open to inspection by Members on request;
v) within twenty-eight (28) days after the holding of the Annual General Meeting of MALGA, submit the annual returns of MALGA and / or such other reports as the Commissioner of Sports may require under the Sports Development Act, 1997.
14.5 The Honorary Treasurer is responsible for the financial affairs of MALGA. She shall, together with the assistance of such accounting staff engaged by MALGA, maintain proper records of all financial transactions of MALGA in line with applicable approved accounting standards in Malaysia. She shall further be responsible for the Finance Sub-Committee whose duties include:-
i) to monitor all accounting and financial records of MALGA;
ii) to assess whether funds are or will be available to meet expenditure commitments;
iii) to assess the effectiveness of budgeting, financial control and financial reporting procedures;
iv) to review and make recommendations with respect to expenditures or commitments beyond the approval limits of the President and the Honorary Treasurer;
v) to review and monitor financial statements and budgets;
vi) to report at regular intervals to the Committee on Association’s Financial condition and on the deliberation of the Committee;
vii) to be responsible for the sound investment of MALGA’s liquid assets;
viii) to prepare the annual budget and submit to the Committee for approval;
ix) to keep record of the movable and immovable assets of MALGA which shall show their value and to adjust this value from time to time to allow for depreciation;
x) to arrange for all necessary and desirable insurance to cover both staff and assets and to ensure that such insurance are renewed at the appropriate time;
xi) to review the Auditor’s Report and Financial Statements thereon at the Annual General Meeting of MALGA.
14.6 Notwithstanding anything else mentioned in this Constitution, the Committee may engage any person to assist any of the Committee Members and Co-opted Members in carrying out the duties of the elected Committee Member in their respective duties.
15.1 The Committee shall have power to appoint Sub-Committees for the furtherance of aims and objects of MALGA as it may deem fit and necessary and expedient and to withdraw from such Sub-Committee, all or any of the powers so delegated and revoke all such appointments.
15.2 The Sub-Committees shall include the Secretariat Sub-Committee (duties as detailed in Article 14.4) and the Finance Sub-Committee (as detailed Article 14.5 and the following Sub-Committees and their respective duties:-
i) to assist the Committee in all legal matters pertaining to MALGA;
ii) from time to time as considered necessary by the Committee, to set up, a Disciplinary or Ad-hoc Sub-Committee and procedures and to investigate any disciplinary cases assigned by the Committee;
iii) to convene hearings and to gather evidence on any case under investigation;
iv) to prepare and submit its findings and recommendations to the Committee for further action.
15.2.2 Training and Development
i) to establish selection criteria and qualifying standards for the selection of golfers and teams to participate in tournaments and competitions;
ii) to enforce rules of golf and establish a code of conduct and ethics for the participants of those tournaments and competitions;
iii) to establish list of duties and responsibilities of Team Captains, Managers, Coaches and other Team Officials managing the golfers of above tournaments and competitions;
iv) to receive periodic reports on the training of the golfers or teams undergoing preparation for selection;
v) to monitor the training of the Malaysian Team Prior to participation in any tournament or competition;
vi) to study the Team Captain’s or Manager’s reports on the tournaments or games and to make recommendations to the Committee;
vii) to liaise with the National Sports Council of Malaysia on the development programs.
15.2.3 Marketing and Sponsorship
i) to review and approve MALGA’s marketing and sponsorships plans;
ii) to prepare terms and conditions for the marketing and sponsorship packages of MALGA;
iii) to invite for and consider the proposals submitted for the marketing and sponsorships packages of MALGA and to make recommendations to the Committee;
iv) to prepare and sign agreements with the successful sponsors.
15.2.4 Members Activities
i) to organize special events and activities of MALGA;
ii) to organize the Malaysian Ladies Amateur Open Championships and the MALGA Closed Championship;
iii) to arrange games and tournaments amongst the Members of MALGA;
iv) to arrange social events and activities as a mode for the promotion of golf amongst the Members of MALGA;
15.2.5 Membership Privileges and Benefits
i) to encourage and support the promotion and Membership of MALGA by carrying out Membership drives and promotions;
ii) to assist and encourage the Members of MALGA in the sport of golf;
iii) to increase awareness, knowledge and practice of golf by the Members of MALGA through organization of seminars, meetings talks and training courses;
iv) to organize benefits and to encourage activities for the Members.
15.2.6 Publicity and Communication
i) to produce the MALGA newsletter and disseminate information pertaining to MALGA and its activities to its Members;
ii) to review MALGA’s advertising and promotional plans;
iii) to assist the Committee and MALGA with respect to public relations and the media, including assisting in presentations, generating contacts and other activities.
i) to study and comment on the rules and regulations of the USGA and the Royal and Ancient Golf Club of St Andrews;
ii) to study and comment on the technical handbooks of golf;
iii) to observe the United States Golf Association handicap system;
iv) to study and comment on technical specification of competition, equipment to be used in tournaments and games;
v) to develop technical expertise to officiate at tournaments and games;
vi) to develop professional referees and technically proficient officials;
vii) to study and organize development programme in respect of professional referees and technically proficient officials.
15.3 Each Sub-Committee shall be chaired by a Committee Member or Co-opted Member appointed by the Committee. The Chairman of such Sub-Committees shall report direct to the Committee and shall perform their duties under the direction of the Committee. The President and the Honorary Treasurer shall ex-officio be Members of all such Sub- Committees. Membership of Sub-Committees need not be confined to Members of MALGA. The Terms of every Sub-Committee shall expire automatically upon the completion of the next Annual General Meeting.
15.4 Subject to this Constitution and to any direction of the Committee, each Sub-Committee shall regulate its own affairs as it deems fit and in particular:-
a) may Co-opt additional Member;
b) may involve any other person whether a Member of MALGA or not who has the necessary expertise relevant to the work of the Sub-Committee;
c) shall submit written reports to the Committee whenever requested by the Committee;
d) may liaise with any other Sub-Committee;
e) may appoint Sub-Committee or form joint Sub-Committees;
f) shall draft any letters, circulars, submission which may be appropriate.
15.5 Each Sub-Committee shall have a collective responsibility for its output.
15.6 The quorum for Meetings of a Sub-Committee shall be one-third (1/3) of its Membership or a minimum of two Members, whichever is greater.
16.1 The Committee may employ or engage such persons or agents, as it thinks fit and may determine their remuneration and titles.
16.2 No MALGA Member shall hold employment under MALGA unless her Membership is suspended for the duration of her term of employment.
16.3 The Committee shall give instructions to such Officers for the conduct of the affairs of MALGA. It may appoint such organizers and such staff as it deems necessary. It may suspend or dismiss any organizer or Member of the staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decision of the Committee, or for any other reason, which it deems good and sufficient in the interest of MALGA.
17.1 The finances of MALGA shall be derived from:-
i) Annual Subscription
iii) Fund Raising Project
v) Sponsorship Fees
vi) Any other source consistent with the objects of MALGA as approved by the Committee.
17.2 Subject to the provisions in this Article, the funds of MALGA may be expended for any purpose necessary for the carrying out of its aims and objects, including the expenses to its administration, the payment of salaries, allowances and expenses to its Committee Members and paid staff, and the audit of its accounts, but they shall on no account be used to pay the fine of any member who may be convicted in a court of law.
17.3 The Honorary Treasurer may hold a petty cash advance not exceeding RM 1,000.00 (Ringgit Malaysia One Thousand) only at any one time. All monies in excess of this sum shall within seven (7) days of receipt be deposited in a bank approved by the Committee. The Bank account shall be in the name of ” MALAYSIAN LADIES GOLF ASSOCIATION”.
17.4 All cheques or withdrawal notices on MALGA’s account shall be signed jointly by any two of the following:-
i) the President
ii) the Honorary Secretary
iii) the Honorary Treasurer
The Committee may provide for additional signatories to act in the absence or incapacity of the President, the Honorary Secretary of the Honorary Treasurer, or any of them, by appointing one of its Committee Members, to sign in her place.
17.5 No expenditure exceeding RM 1,000.00 (Ringgit Malaysia One Thousand) only at any one time shall be incurred without the prior sanction of the Committee. Expenditure of less than RM 1,000.00 (Ringgit Malaysia One Thousand) only per item at any one time may be approved by the President together with the Honorary Secretary or the Honorary Treasurer. Notice of such expenditure shall be notified to the other Committee Members within forty eight (48) hours of being approved. The monthly Financial Statements for MALGA shall be presented by the Honorary Treasurer at each Committee Meeting.
17.6 As soon as possible after the end of each financial year, a Receipts and Payments Accounts, an Income and Expenditure Accounts and a Balance Sheet for the year shall be prepared and audited by the Auditors appointed under Article 18. The Audited Financial Statements shall be submitted for approval at the next Annual General Meeting, and copies shall be made available at the place of business of MALGA for the perusal of Members.
17.7 The financial year of MALGA shall commence on the first day of January of each calendar year and end on the 31st day of December in that year.
18.1 One or more persons, who shall not be any of the Committee Members or staff of MALGA, shall be appointed by the Annual General Meeting as auditors.
18.2 The Auditors shall be required to audit the accounts of MALGA for the year and to prepare a report or certificate for the Annual General Meeting. They may also be required by the President to audit the accounts of MALGA for any period within their tenure of office at any date and to make a report to the Committee.
19.1 Any dispute between Members or between a Member and an official of MALGA shall be resolved amicably in the first instance through the process of mediation and if amicably resolved at this stage, the matter shall be deemed fully settled with no further re-course.
19.2 If mediation fails, then such dispute shall be referred to an arbitration tribunal where an arbitrator(s) is/are appointed with the consent of the parties concerned or by the Olympic Council of Malaysia.
19.3 All decisions published by the said Tribunals shall be final and binding upon all parties.
20.1 MALGA may impose ‘following penalties for any infringement, non-compliance or violation of any provision of this Constitution by its Officials. This provision shall also apply to all Members:-
i) a caution;
ii) a censure;
iii) a fine of up to maximum of RM 500.00;
iv) a suspension up to a limit of one (1) year;
v) an expulsion.
20.2 Any party which has been penalized in accordance with Article 20.1 (iv) or 20.1 (v) may appeal in writing to the Committee against the penalty imposed within twenty-eight (28) days of notification of such penalty. Upon forty five (45) days of the receipt of an appeal, the Committee shall refer the appeal to an Extraordinary General Meeting of the Members.
20.3 At such Meeting, the Member who has appealed shall be permitted to address the Meeting or to require the Chairman of the Meeting to read the Meeting, a written statement with reference to the matter complained of.
Interpretation of Articles
21.1 Between Annual General Meetings, the Committee shall interpret the Article of MALGA and necessary, determine any point on which the Articles are silent.
21.2 Except where the Article are contrary to or inconsistent with the policy previously laid down by the General Meeting, the decisions of the Committee shall be binding on all Members of MALGA unless and until countermanded by a resolution of a General Meeting.
22.1 All acts done in good faith by the committee shall, notwithstanding the subsequent discovery of some defect in the election of any Member of the Committee, be as valid as if such Member had been duly elected.
Amendment of Constitution
23.1 Subject to the approval of the Commissioner of Sports of Malaysia, this Constitution may be repealed, amended or added to at any Annual or other General Meeting by a resolution passed by seventy five percent (75%) majority of the Voting Members present. The notice convening the General Meeting shall specify the proposed amendments and the reasons therefore.
23.2 The Committee may make, alter or repeal Articles and bye-laws not consistent with this Constitution. Any Articles and bye-laws so made and any alteration or repeal shall be confirmed at the next Annual General Meeting. Upon such confirmation, the articles and bye-laws alteration or repeal shall be binding on all Members.
24.1 MALGA shall not be dissolved except by a resolution passed at an Extraordinary General Meeting convened for such purpose by a majority of not less than two-thirds (2/3) of all Voting Members present and eligible to vote at General Meetings.
24.2 In the event of MALGA being dissolved, all debts and liabilities legally incurred on behalf of MALGA shall be fully discharged and any remaining funds shall be distributed to some similar organization which has its aim, the furtherance of ladies golf in Malaysia and in such manner as the General Meeting shall determine.
Powers and Properties
25.1 Subject to the provisions of these Articles, MALGA shall also have the following powers:-
25.1.1 to purchase, take on lease or in exchange and otherwise acquire any moveable or immovable property and any rights therein and to sell or otherwise dispose of the same;
25.1.2 to construct improve, maintain, develop or otherwise manage any buildings or any other works and to contribute to, subsidise or otherwise assist or take part in the construction, improvement, maintenance, development and management thereof;
25.1.3 to lease, let or otherwise deal with MALGA’s property;
25.1.4 to borrow or raise money and to secure the repayment thereof in any way and particular by charging all or any of MALGA’s property subject to prior approval of Members in General Meeting;
25.1.5 to invest the funds of MALGA in fixed deposits with any government approved financial institution, subject to prior approval to be sought from Members in General Meetings for any other investment;
25.1.6 to make, adopt, vary and publish Bye-Laws, Rules and Regulations and deemed necessary;
25.1.7 to settle any dispute that may arise between a Member and another Member or an Official of MALGA.
25.2 Immovable property shall not be purchased without the approval of a General Meeting.
25.3 The committee shall make appropriate arrangements for the safe custody of MALGA’s records and securities and any Member shall have the right to inspect the records of MALGA.
26.1 The Constitution adopted on 28th June 2001 and approved by the Sports Commissioner of Malaysia on 7th February 2003, is repealed.
26.2 Any appointment made or motion passed under the Constitution hereby repealed, if in force at the commencement of this Constitution, shall continue in force as far as practicable as if made or passed under this Constitution.