Constitution of MIC LONDON

ARTICLE 1 : NAME & ADDRESS

The name of the organisation shall be ‘MIC LONDON’ (hereinafter referred to as the”Club”).

1.2 The Secretariat contact details shall be determined by the Executive Committee (hereinafter referred to as the “EXCO”), as defined in Article 8.

1.3 The official logo of the Club is as shown above.

ARTICLE 2 : AIMS AND OBJECTIVES

The aims and objectives of the Club shall be:

2.1 To uphold and preserve the Constitution of Malaysia and the Principles of the Rukun Negara.

2.2 To safeguard and promote the political, economic, cultural, social and educational interests of Malaysian Indians, especially those in the United Kingdom.

2.3 To represent, express and give effect to the legitimate aspirations of Malaysian Indians, especially those in the United Kingdom.

2.4 To promote and maintain inter-racial goodwill and harmony which will in turn develop unity amongst Malaysians in the United Kingdom and Malaysia.

2.5 To be aware of, consider, assist and deal with all matters affecting the interests of Malaysian Indians specifically, and Malaysians generally, in the United Kingdom in the best possible manner.

2.6 To organise activities for the members of the Club in particular and fellow Malaysians in general. These activities as well as other social and cultural events shall be implemented to expressly further the aims and objectives of the Club.

2.7 To co-operate or work with other organisations whose interests and objectives are similar to those of the Club as well as to promote the advancement of Malaysia in cooperation with other communities in the UK.

ARTICLE 3 : MEMBERSHIP

3.1 Ordinary, Associate and Life Membership, as defined in 3.3, 3.4 & 3.5 respectively, shall be open to all Malaysians of Indian origin above 18 (eighteen) years of age.

3.2 Honorary Membership, as defined in 3.7, shall be open to all persons above 18 years of age.

3.3 A member shall be known as an Ordinary Member if he or she;

1. is a student at a registered institution of education in pursuit of academic qualification, or;

2. is pursuing self-study in pursuit of professional qualification, or;

3. is in full-time employment that is a requirement in attaining, or leading to such professional qualification.

3.4 A member shall be known as an Associate Member if he or she;

3.4.1 is a resident in the United Kingdom in full or part-time employment, or;

3.4.2 is a Malaysian citizen of Indian Origin residing in the United Kingdom who does not satisfy any of the characteristics of an Ordinary Member.

3.5 A member shall be known as a Life Member if he or she was an Ordinary or Associate Member and has since ceased to be such a member due to departure from the United Kingdom.

3.6 Primarily, the conditions for approval of Life Membership include the following;

3.6.1 The individual applying for Life Membership was previously a member of the Club, and;

3.6.2 The individual applying for Life Membership has paid his or her stipulated subscriptions as detailed in 5.6.

3.7 Honorary Membership can be conferred by the EXCO on any individual not fulfilling the definitions of either an Ordinary, Associate or Life Member and will be conferred at the sole and absolute discretion of the EXCO.

ARTICLE 4 : RIGHTS OF MEMBERS

4.1 An Ordinary Member as defined in 3.3 shall be entitled to enjoy all the rights and privileges pertaining to membership of the Club.

4.1.1 An Ordinary Member shall also be entitled to vote in Club elections and hold EXCO Positions subject to 4.7.

4.1.2 An Ordinary Member shall also be entitled to vote upon any resolution put forward at any Club General Meeting.

4.2 An Associate Member as defined in 3.4 shall enjoy all the rights and privileges pertaining to membership of the Club.

4.2.1 An Associate Member is not entitled to vote in Club elections and hold EXCO positions. Exceptions to this are the maximum of two Associate Members who will be elected by the EXCO of the Club to serve as part of the EXCO.

4.2.2 An Associate Member shall also be entitled to vote upon any resolution put forward at any Club General Meeting.

4.3 A Life Member as defined in 3.5 shall have the right to participate in all Club activities and events including the right to attend Club General Meetings. Life Members cannot vote in Club elections or upon any resolutions put forward at Club General Meetings and cannot hold EXCO positions.

4.4 An Honorary Member as defined in 3.7 shall have the right to participate in all Club activities and events but cannot vote, hold EXCO Positions or attend General Meetings of the Club.

4.5 All members as defined in Article 3, except Honorary Members, shall have the right to be informed of all activities and events organized by the Club including the Club Annual General Meeting (hereinafter referred to as “AGM”) and any Extraordinary General Meeting (hereinafter referred to as “EGM”).

4.6 All members, except Honorary Members shall have the right to be informed, upon formal request to the EXCO via the Club Secretary of;

4.6.1 The exact state of the Club’s finances, and/or;

4.6.2 The activities and meetings of the EXCO

4.7 All Ordinary Members who, after 42 days (inclusive) of submitting a fully completed and duly signed Club membership form as defined by the EXCO shall be entitled to;

4.7.1 Stand as candidates for an EXCO position and vote in such elections, and/or;

4.7.2 Attend, speak and vote at an AGM or EGM, and/or;

4.7.3 Such other rights as the EXCO shall decide subject to rectification at a General Meeting.

ARTICLE 5 : CLUB FINANCES

5.1 The Club is to derive its income from annual subscriptions from the membership, contributions from the Malaysian Indian Congress (hereinafter referred to as “MIC”) in Malaysia and donations from members and individuals and from any trust fund set up, the objectives of which are not incompatible with the objectives of the Club as stated in Article 2.

5.2 All Associate Members shall pay an annual fee of £5.00. The annual fee is collected once a year, subject to Article 5.4.

5.3 There will be no joining fee for new members.

5.4 All subscriptions shall be payable annually before the AGM.

5.5 Special funds or levies for particular purposes may be raised from members by the EXCO or by the passing of a resolution at an AGM or EGM.

5.6 Life members shall pay a once in a lifetime subscription of £10.00.

5.7 Honorary and Ordinary Members are exempt from payment of annual subscriptions.

5.8 The Income and Property of the Club and all Monies received by or on behalf of the Club shall be under the control of the EXCO and shall be applied solely towards the furtherance of the aims and objectives of the Club, of which the EXCO shall be the sole judge and upon which their decisions shall be final.

5.9 All funds belonging to the Club shall be deposited in a banking account in the name of the Club and no such sum shall be drawn from the said account except by cheque signed by such persons as authorised by the EXCO. Notwithstanding this, no cheques over the amount of GBP£100/00, One Hundred Pounds, shall be drawn from the account without the prior approval of two-thirds of the EXCO.

5.10 All monies payable to the Club shall be received by the President or such person as the EXCO may nominate.

5.11 Reasonable expenses incurred on the Club's business by the EXCO or by any person duly authorised by the EXCO maybe paid or reimbursed by the Club at the sole and absolute discretion of the EXCO.

ARTICLE 6 : ANNUAL GENERAL MEETING (AGM)

6.1 The AGM shall be held on a date, time and place to be fixed by the EXCO within a time frame as stipulated in 12.1 of the Electoral Regulations.

6.2 At least 28 days (inclusive) before the date fixed for the AGM, the Secretary shall inform all approved and legitimate members except Honorary Members of the Club in a manner prescribed by the EXCO via post or e-mail, the date, time and venue fixed for the AGM as well as the agenda for the AGM and draw their attention to 6.7.2.

6.3 All decisions taken at the AGM of the Club shall be binding upon the EXCO and all members of the Club.

6.4 Decisions at these meetings shall be taken by show of hands and a simple majority shall suffice.

6.5 Ordinary and Associate Members shall be entitled to one vote upon any motion provided these motions are not related to the election of the Club’s EXCO Office bearers. Only Ordinary members shall be entitled to vote in the election of the Club’s EXCO Office bearers.

6.5.1 In the event of an equality of votes, the resolution shall be subject to an immediate recount.

6.5.2 In the event that the result is equally split again, the resolution shall be declared as lost.

6.5.3 In the event of an equality of votes between candidates standing for election, this particular vote only shall be subject to an immediate recount.

6.5.4 In the event that the result is equally split again, then the voting procedure shall be repeated for this particular vote only.

6.5.5 In the event that the result is equally split again, then the Election Commission, hereinafter referred to as EC, shall decide on a suitable course of action and any decision taken by the EC shall be binding upon the AGM.

6.6 The quorum for the AGM shall be at least 25% of the total number of Ordinary members in the Club residing in the city or town in the UK within which the EXCO has decided to hold the AGM.

6.7 The business of the AGM shall be:

6.7.1 To consider and adopt by simple majority the EXCO Report, presented by the President, which details the activities and progress of the Club as well as the Financial Report, presented by the Club Treasurer, and;

6.7.2 To decide on any resolution duly submitted to the AGM. These resolutions can only be put forward by legitimate Club members, as determined by the EXCO on a reading of the Constitution, provided the said resolution is submitted to the EXCO via the Club Secretary 14 days (inclusive) prior to the AGM and that the said resolution is seconded by 5 other members of the Club, and;

6.7.3 To transact any other business or pass the resolutions and/or declarations approved by the EXCO, and;

6.7.4 To elect one external auditor to hold office until the next AGM. The External Auditor has to audit the Club accounts presented by the EXCO for the period of one AGM to another and prepare a report or certificate for the AGM.

ARTICLE 7: EXTRA-ORDINARY GENERAL MEETING (EGM)

7.1 An Extra-Ordinary General Meeting may be convened by;

7.1.1 The President with the consent of 3 EXCO members, or;

7.1.2 The EXCO of which two-thirds consent, or;

7.1.3 At the signed request of at least 25% of All Members of the Club except Honorary Members and such a signed request shall have to state the exact nature of the business to be transacted.

7.2 The EGM shall be held on a date, time and place to be fixed by the EXCO.

7.3 The notice summoning an EGM shall be circulated not less than 7 days (inclusive) before the date fixed for the EGM and shall state the subject or subjects to be discussed at the EGM.

7.4 All decisions taken at the EGM of the Club shall be binding upon the EXCO and all members of the Club.

7.5 Decisions at these meetings shall be taken by show of hands and a simple majority shall suffice.

7.6 Ordinary and Associate Members shall be entitled to one vote upon any motion provided these motions are not related to the election of the Club’s EXCO Office bearers. Only Ordinary members shall be entitled to vote in the election of the Club’s EXCO Office bearers.

7.6.1 In the event of an equality of votes, the resolution shall be subject to an immediate recount.

7.6.2 In the event that the result is equally split again, the resolution shall be declared as lost.

7.6.3 In the event of an equality of votes between candidates standing for election, this particular vote only shall be subject to an immediate recount.

7.6.4 In the event that the result is equally split again, then the voting procedure shall be repeated for this particular vote only.

7.6.5 In the event that the result is equally split again, then the EC shall decide on a suitable course of action and any decision taken by the EC shall be binding upon the AGM.

7.7 The quorum for the EGM shall be at least 25% of the total number of members in the Club residing in the city or town in the UK within which the EXCO has decided to hold the EGM.

ARTICLE 8 : EXECUTIVE COMMITTEE (EXCO)

8.1 The following shall comprise the Executive Committee or EXCO of the Club:

8.1.1 President

8.1.2 Vice-President

8.1.3 Secretary

8.1.4 Assistant Secretary

8.1.5 Treasurer

8.1.6 Assistant Treasurer

8.1.7 Malaysia Liaison Officer

8.1.7.1 The Malaysia Liaison Officer is nominated and approved by the EXCO.

8.1.8 Associate Member Representatives

8.1.8.1 The Associate Member Representative or Representatives are nominated and approved by the EXCO.

8.1.8.2 There is a minimum of 1 and a maximum of 2 Associate Member Representatives at any one time.

8.2 The said members of the EXCO, apart from 8.1.7 and 8.1.8, shall be elected in accordance with the rules described in Article 12.

8.3 The EXCO shall have the right to appoint ad-hoc committee members to serve for a specified duration as and when necessary.

ARTICLE 9 : DUTIES AND POWERS OF THE EXECUTIVE COMMITTEE (EXCO)

9.1 To present to the AGM an EXCO Report covering the work and progress of the club during its term of office along with a Financial Report containing Club accounts which have been duly audited.

9.2 To propose to the AGM or EGM such amendments to the Constitution as may be deemed necessary and to submit to the AGM or EGM such resolutions and declarations as it may deem necessary.

9.3 To enforce the Constitution of the Club, to promote its aims and to take any action it deems necessary for such purposes.

9.3.1 Any member in violation of the Constitution shall be liable to face disciplinary action by the EXCO as detailed in Article 11.

9.4 To formulate standing orders to govern the proceedings of the AGM, EGM, and also of any other meetings or gathering, if and when necessary, provided such orders are not inconsistent with this Constitution.

9.5 To instruct the President and other individual EXCO members in the conduct of the affairs of the Club.

9.6 In case of any dispute as to the interpretation, construction and meaning of all or any of the rules of this Constitution or any word or words contained in any such rule, the interpretation, construction and meaning shall be determined and fixed by the EXCO until the next AGM or EGM.

9.7 The EXCO shall have powers to appoint any member to fill any vacancy arising in the EXCO until the next AGM.

9.8 The EXCO shall have the powers to discipline the membership as well as members of the EXCO as stated in Article 11.

9.9 All Expenditure paid out by the Club will be subject to a two-thirds majority of the EXCO present, subject to Articles 5.8 & 5.9.

9.10 The EXCO shall normally meet at least once a month and the Quorum shall be the attendance of the President or Vice-President, the Secretary or Assistant Secretary and the Treasurer or Assistant Treasurer.

9.11 The EXCO shall appoint Sub-Committees as and when necessary.

9.12 The EXCO shall nominate and approve persons for the posts of Associate Member Representative(s) and Malaysia Liaison Officer.

9.13 All decisions of the EXCO referred to in this Constitution or reached at, at Committee meetings shall be subject to simple majority consensus of the EXCO present unless otherwise stated.

9.13.1 In the event of a tie, the President shall have the right to cast the deciding vote.

9.14 Upon approval of the EXCO, the President and Secretary shall sign the minutes of EXCO meetings at subsequent EXCO meetings, and when the minutes are so confirmed and signed, they shall be conclusive as to all matters and things therein recorded and reported to have been done or directed to be done.

ARTICLE 10 : DUTIES AND POWERS OF THE INDIVIDUAL EXCO MEMBERS

10.1 The President shall:

10.1.1 Chair all meetings of the EXCO, the AGM and the EGM.

10.1.2 Have the right to call meetings of the EXCO and the EGM provided that three Committee Members concur to the calling of an EGM.

10.1.3 Act as spokesperson for the Club.

10.1.4 Review, control and approve all external communications and interactions of the Club.

10.1.4.1 All communications and interactions made by the President on behalf of the Club shall be made known to the EXCO.

10.1.5 Be responsible for the internal administration of the Club including reviewing the performance and discipline of the EXCO and the membership in general.

10.2 The Vice-President shall:

10.2.1 Assume all duties, powers and responsibilities of the President in his absence or removal.

10.3 The Secretary shall:

10.3.1 Be responsible for summoning the AGM, any EGM and all meetings of the EXCO on the instructions of the President.

10.3.2 Shall keep members fully informed of all activities and events organized by the Club.

10.3.3 The Secretary shall be responsible for the register of current members for the duration of his or her term in office and also to maintain and consistently upkeep an up-to-date Club Membership Registry.

10.3.4 Record and File Minutes of the AGM, any EGM and all meetings of the EXCO.

10.4 The Assistant Secretary shall:

10.4.1 Assist the Secretary in all administrative work of the Club and shall act for him or her in his or her absence.

10.5 The Treasurer shall:

10.5.1 Be responsible for all the funds of the Club and shall issue receipts for all payments made to the Club.

10.5.2 Cause true accounts to be kept of the receipts, expenditures, assets and liabilities of the Club and shall place before the members of the Club at each AGM properly audited and accounted income and expenditure accounts and a balance sheet of the financial year just past made from the end of the previous AGM to the current AGM.

10.5.3 Maintain a monthly record of the Club’s Income and Expenditure which must be made available to the EXCO when so required.

10.5.4 Maintain an updated statement of the Clubs Accounts and be responsible for the preparing the Clubs Financial Report for presentation to the AGM.

10.5.5 Be responsible for the efficient collection of all subscriptions and payments due to the club.

10.6 The Assistant Treasurer shall:

10.6.1 Assist the Treasurer in all of his or her duties and act for him or her in his or her absence.

10.7 The Malaysia Liaison Officer shall:

10.7.1 Conduct all communications and interactions on behalf of the Club with persons or institutions in Malaysia upon direction of the EXCO.

10.8 The Associate Member Representative(s) shall:

10.8.1 Communicate the views and opinions of the Clubs Associate Members while also serving as general members of the EXCO, carrying out responsibilities as the EXCO deems necessary and in accordance with the aims and objectives of the Club.

10.9 All EXCO members stated in this Article shall be entitled to one vote upon any resolution proposed at EXCO meetings or otherwise provided he or she is present at the said meetings.

ARTICLE 11 : DISCIPLINE

11.1 It shall be the duty of the EXCO if at any time it is of the opinion that the interests of the Club so requires to suspend or expel a member, including EXCO members, for such periods as the EXCO may specify.

11.2 The EXCO is also responsible for relieving elected or appointed members of the Clubs Executive Committee of their positions if at any time it is of the opinion that this said action is in the interests of the aims and objectives of the Club.

11.3 The EXCO is also empowered to suspend or expel members of the EXCO if specially commissioned reports by the EXCO indicate gross negligence and/or underperformance of an EXCO member in carrying out his or her specific duties.

11.3.1 If an EXCO member fails to attend three consecutive EXCO meetings called by the President without reasonable excuse (‘reasonable’ being determined by the EXCO), then the said EXCO member is automatically suspended from the EXCO pending an appeal procedure as delineated in 11.7.

11.4 11.1, 11.2 & 11.3 (except 11.3.1) shall be applied only if two-thirds of the EXCO consent at a specially designated meeting called for the express purpose of cessation or suspension of membership or cessation of duties as an EXCO member.

11.5 Any member failing to pay their annual subscriptions by the date set by the EXCO for holding the Club’s AGM shall be removed from the Club’s membership register subject to Article 11.6 & 11.7.

11.6 Before a member is expelled, such a member may be asked to show cause why he or she should not be expelled, within 14 days (inclusive) from the date the letter of notice to the said member is signed by the Club Secretary or other such EXCO member as may be determined by the EXCO, and in a manner prescribed by the EXCO.

11.7 A member who has been suspended or expelled or relieved from their position on the Club’s EXCO shall have the right of appeal to the EXCO within 14 days (inclusive) from the date of suspension or expulsion, thereafter, should his or expulsion be upheld by the EXCO, he shall have the right of further appeal to an AGM; such appeal to an AGM shall be made in writing to the Club Secretary within 14 days (inclusive) of the appeal being turned down by the EXCO.

ARTICLE 12 : ELECTORAL REGULATIONS

12.1 Elections must be held within 12 (twelve) months of the previous AGM or 14 days (inclusive) after this period should, at the discretion of the EXCO, the exact date prove inconvenient to hold such a meeting.

12.2 Upon approval of the EXCO, the Secretary shall submit an Eligible Members List (hereinafter referred to as “EML”) comprising legitimate members of the Club who are entitled to vote or stand for elections in the coming AGM to the appointed Chairman of the EC, 42 days (inclusive) prior to the AGM.

12.2.1 The EXCO shall be responsible for ensuring that all Ordinary and/or Associate Members satisfy their respective membership criteria as defined in 3.3 and 3.4 respectively.

12.3 The EXCO shall appoint an EC comprising two persons and a chairperson who are Honorary Members or non-Members of the Club, to conduct the elections 42 days (inclusive) prior to the AGM or whenever else the EXCO deems necessary to facilitate Club elections.

12.4 The roles and responsibilities of the EC are listed as follows;

12.4.1 To ensure that voting procedures are followed as per this Constitution and/or any standing orders compiled by the EXCO for the express purposes of a Club election.

12.4.2 To accept or reject all returning ballot papers, both, via electronic-mail (hereinafter referred to as “e-mail”) and direct balloting at the AGM.

12.4.3 To decisively act on all objections raised by Club members on all matters pertaining to the elections specifically and the AGM generally.

12.4.4 To conduct all balloting occurring at the AGM.

12.4.5 To implement the AGM agenda as defined by the EXCO and as detailed in the AGM Notices sent out by the Club Secretary.

12.4.6 To compile and announce independently the results of all voting on the day of the AGM.

12.5 All decisions reached by the Chairperson of the EC are final and therefore not contestable under any circumstances.

12.6 All candidates who wish to stand for election to the EXCO must have received three nominations from persons other than himself or herself who are members of the Club and who are also listed on the EML.

12.7 All nominations must be made in writing via e-mail or post and received by the EC Chairperson at least 14 days (inclusive) prior to the proposed date of the AGM.

12.8 All approved candidates should send the Club Secretary a copy of their manifesto at least 14 days (inclusive) before the AGM. This is not compulsory and failure to do so will not result in disqualification.

12.9 The Secretary must send out to all members on the Eligible Members List at least 7 days (inclusive) before the AGM;

12.9.1 A list of all nominees as determined by the EC; and

12.9.2 A copy of all duly submitted nominees manifestos; and

12.9.3 An e-mail ballot form as approved by the EXCO.

12.10 Only one means of voting can be used by each member. Only those who cannot personally attend the AGM should use the e-mail ballot.

12.11 All e-mail ballots must:

12.11.1 Be received by the EC by, at least, the day before the AGM; and

12.11.2 Be sent by the member to the e-mail address it was originally received from; and

12.11.3 Be sent by the member from the e-mail address it was originally sent to.

12.12 All Members on the EML shall be entitled to stand for only one of the elected positions of the EXCO as described in Article 8.

12.13 If no nomination is received for a particular post within the prescribed period, the incoming EXCO shall be empowered to appoint any member to the said post.

12.14 Attendance at the hustings by candidates for all EXCO positions shall be mandatory and will be presided over by the EC Chairperson who will direct the proceedings as follows:

12.14.1 Each candidate may speak for a minimum of 5 minutes and shall subsequently be given a further minimum of 5 minutes to answer questions from the floor of the AGM.

12.14.2 The maximum amount of time a candidate may speak over and above the 5 minutes allocated each for speaking and for answering questions from the floor of the AGM shall be suitably determined by the EC.

12.15 All voting carried out at an AGM or EGM, wherein the EXCO decides a simple show of hands will not suffice, shall be on prescribed ballot paper approved by the EXCO and EC.

12.16 lf for any reason, a sitting EXCO is unable to complete its term of office, or is voted out of office at an EGM, the retiring EXCO shall arrange for new elections to be held within 14 days (inclusive) from the date of their resignation or 14 days (inclusive) from the date of the EGM.

12.17 In the instances where a new EXCO is elected by virtue of 12.16, that new EXCO shall be entitled only to complete the term of office of the outgoing EXCO.

ARTICLE 13 : AMENDMENTS TO THE CONSTITUTION

13.1 Amendments to the constitution shall only be made at an AGM or EGM specially called for the purpose.

13.2 Any proposal for amendments to the Constitution shall be sent in writing to the Club Secretary at least 14 days (inclusive) before the said date of a General Meeting.

13.3 The proposed amendments are to be circulated to all the members at least 7 days (inclusive) before the said date of a General Meeting.

13.4 Any proposals to repeal, add or amend any of the provisions of this Constitution at any meeting shall be null and void unless at least two-thirds of the members present at such a General Meeting vote in favour of such proposals.

ARTICLE 14 : DISSOLUTION OF THE CLUB

14.1 A motion to dissolve the Club may only be made at a General Meeting of the Club. Such a motion shall be subject to a resolution passed by not less than two-thirds of the total current membership present at the General Meeting, discounting the honorary members, in the Clubs Membership Register.

14.2 In the event of Club being dissolved, all debts and liabilities legally incurred on its behalf shall be fully discharged, and the remaining funds shall be disposed of in such manner as may be decided upon at the very same General Meeting wherein the resolution to dissolve the Club was passed.