Article 7-1 CLASSIFICATION OF MEMBERSHIP :
Membership shall consist of :
a. Ordinary Members
b. Associate Members
Article 7-2 QUALIFICATIONS
Section 1
Ordinary Membership of the Federation shall be open to any Organization actively and respectively involved in the industry and is properly registered with the 'Registrar of Societies in Malaysia.
Section 2
Associate Membership of the Federation shall be open to any Organization or Company that supports the Federation.
Section 3
No individual in the form of a person or a group of persons may be admitted into the federation. The only person (S) admitted shall be Accredited Representative (S) to represent their respective Organization (S) who are members of the Federation and their admission into the Committee, Boards or Council are solely as Accredited Representative (S) in as long as their organization (S) remain (S) members of the Federation in good standing and they are duly appointed in writing to represent their organization (S) in the Federation.
Article 7-3 APPLICATIONS :
Section 1
Applications for membership shall be made in writing and made on the prescribed form for the said purpose and accompanied by the entrance and annual subscription fees. All applications must be accepted by a majority vote of the Council at a membership election meeting of the Council.
Section 2
The name of every new applicant shall be circulated amongst all existing members and members may object, in writing, to the hon. Secretary General within seven (7) days of the date of the circular which should be duly acknowledged, in writing, in return to the member's objection.
Article 7-4 ADMISSION :
The Council shall have the power to accept, decline or defer any application for admission to the Federation without assigning any reasons whatsoever.
Article 7-5 REPRESSENTATION :
Section 1
Each Ordinary member is entitled to nominate up to six (6) Accredited Representatives to the Federation.
Section 2
Each Associate Member is entitled to nominate one (1) Accredited Representative to the Federation.
Section 3
Accredited Representatives must be current elected office - bearers of their respect of their respective organizations or in the case of Article 7-5 Section 2 of this Constitution be an executive of his company or an office-bearer of his organization.
Section 4
Nominations and withdrawals of Accredited Representative must be made, in writing, to the Council, as and when it is deemed necessary and shall be effective from the date of receipt of such notice if no date is stated therein.
Section 5
Accredited Representatives who have resigned or even no longer hold office in their respective organizations may still continue to represent the Federation until next election of the Federation insofar as their Organization and the Council does not object to it.
Section 6
Each Ordinary Member can send alternate accredited representation to represent their accredited representatives at the federation but such alternate representatives must be duly corresponded to the Federation in writing prior to such meeting where the representatives are deemed necessary.
Section 7
alternate Accredited representatives shall have full right of Accredited Representatives whom they represent up to level of ordinary Council members.
By-Law 7-6 RESIGNATION :
Any member may resign from the Federation by giving forty - five (45) days notice in writing to the Hon. Secretary General. Such member shall be liable for payment of all arrears to the Federation up till the of resignation and the after, Automatically, forfeits all rights in the Federation and to the and to the Federation's properties.
By-Law 7-7 DISQUALIFICATION :
A member whose subscription and all monies due to the Federation is in arrears for more than sixty (60) days shall be considered to be in suspension and having forfeited all in the Federation and to the Federation's properties.
By-Law 7-8 SUSPENSION :
A suspended member related to By - Law 7-7 shall be re-instated, if the member pays up all arrears due to the Federation within a period of thirty (30) days from the date of suspension as confirmed, by the Council, failing which, such member shall be struck off from the Register of members. On reinstatement, the member shall be reinstated with full rights in the Federation's properties.
By-Law 7-9 EXPULSION :
Section 1
Any member whose conduct is not conducive to the good reputation, interests and objectives of the federation may be expelled from membership by a two - thirds (2/3) majority vote of the Council and on expulsion, automatically, forfeits all rights in the Federation and to the Federation's properties.
Section 2
Notice of any alleged misconduct shall be given, in writing by the Hon. Secretary General to the offending member, at least thirty (30) days prior to the Hearing of the Council convened to consider the Hearing of the Council convened to consider the expulsion in order that the member may have an opportunity of answering the charge (S).
Section 3
The Council, after the Hearing, may have the discretion to :
c. dismiss the complaint against the offending member ; or
d. expel the offending member ; or
e. caution the offending member, in writing, within fourteen (14) days of the said Hearing and mailed by A. R. Registered Mail to the offending member
Section 4
should the offending member fail to attend the Hearing, the member automatically, forfeits the right of Hearing and Appeal and the decision of the Council shall be final.
Section 5
Should the offending member, after having attended a Hearing in front of the Council and after having received the decision of Council, feels dissatisfied with the decision, may appeal against the decision of the Council by giving notice of appeal in writing to the Council within seven (7) days from date of receipt of the decision of the Council.
Section 6
The Council, on receipt of a notice of appeal against its decision, must convene an Appeal Hearing within sixty (60) days from the date of receipt of such notice of appeal and the Appeal Panel shall comprise of the President, Vice - President, Hon. Secretary General, Hon. Treasurer General and the Legal Adviser of the Federation who shall have voting rights on this Appeal Panel. In cases of decision, the Appeal Panel needs only a simple majority to uphold the decision the original Council Hearing or to allow the appeal.
Section 7
Notice shall be given by the Hon. Secretary General in writing together with the grounds of appeal to the Appeal Panel as well as the appealing member, thirty (30) days prior to the Appeal Hearing of the Appeal Panel convened to consider the Appeal in the Appeal in order that all parties may be duly prepared.
Section 8
The Appeal Panel, after the Appeal Hearing, may have the discretion to :
f. uphold the original Council's decision, or
g. increase or decrease the penalty as listed in By - Law 7-9 Section 3 but whichever, the decision must be sent within fourteen (14) days of the said Appeal Hearing and mailed by A. R. Registered Mail to the appealing member. The decision of the Appeal Panel must be duly endorsed by the president, Hon. Secretary General and the Legal Adviser of the Federation.
Section 9
Prior to By - Law 7 - 9 being put into action, there must be a two- third (2/3) majority vote from the Disciplinary Committee of the Association.
By-Law 7-10 ENTRANCE FEE :
The Entrance Fee for each applicant shall be RM 2,000 or varied by a General Meeting to the Federation.
By-Law 7-11 SPECIAL LEVIES :
For specific purposes of mutual interest to all members and on approval by the Council, special levies may be imposed on members. By-Law 7-7 shall also govern the collection of such special levies.
By-Law 7 - 13 DUE DATES :
The annual subscription of the Federation shall become due on the 1st day of January of each calendar year and must be paid in advance.
PROVISO :
New members applying membership shall pay a whole calendar year's subscription irrespective of the time in the year they are elected as members.
Article 7-14 REGISTER :
Section 1
The Hon. Secretary General shall keep, at the Registered Premises, a book to named 'The register of members of the Federation of Malaysian Freight Forwarders' containing the following particulars.
Section 2
The name, address, telephone, telex, facsimile, registration number and other relevant details of each member of the Federation.
Section 3
The name, identity card or passport number, address, occupation, passport size photograph and other relevant personal details of each Accredited Representative of a member.
Section 4
The name in which the name of any member and its Accredited Representative (S) was / were inscribed in the Register and such date on which the member or its Accredited Representative (S) cease (S) to be a member and
Section 5
Any other relevant particulars as the Council may from time to time require.
Article 7-15 INSPECTION :
All entries in the Register and all amendments to the entries therein shall be subjected to the approval of the Council and shall be open for inspection by members and relevant Authorities during normal business hours at the Registered Premises provided that adequate prior notice has been given to the Hon. Secretary General.
Article 7-16 ARBITRATION :
Section 1
This is where two (2 ) or more parties submit all matters in dispute to the judgment of the Association, acting as Arbitrator, who is to decide the controversy and to make the award. Should the parties concerned do not agree to the award of the Federation, the Federation can seek the assistance of its Legal Adviser to act as an independent umpire to assist in the arbitration. Insofar as the Federation is concerned, the decision of the person (S) appointment as Arbitrator (S) and / or umpire is final and should the parties still intend to seek outside legal arbitration, they are at liberty to do so but then they, release the Federation and its appointed Arbitrator (S) and/or umpire of all responsibilities and their to claim damages from the Federation and then aforesaid parties.
Section 2
In the event that the Federation is approached to act as Arbitrator, the Hon. Secretary General shall give notice in writing to all parties concerned thirty (30) days prior to the Arbitration Hearing, after the Council having confirmed the Arbitrators with all parties concerned. The same number of days notice shall be given in writing to all parties concerned by the Hon. Secretary General after having confirmed the umpire, should the services of an umpire be called for.
Section 3
The Council may appoint any of its members or any respectable member of the public who must not be in any way related to the dispute, in any odd number of persons but not less than three (3) in number to act as Arbitrators whenever the Federation approached to act as Arbitrators whenever the Federation is approached to act as Arbitrators in relation to chapter IV Article 4-1 Section 6.
Section 4
The Council shall notify all parties concerned of the Arbitrator's decision through the Hon. Secretary General within fourteen (14) days after the Arbitration Hearing and any dissatisfaction with the award by the Arbitrators shall be notified to the Federation in writing, within fourteen (14) days of receipt of the award. The Federation shall advise of the award in writing to all parties concerned by A.R. Registered Mail. Only on receipt of a notice of dissatisfaction will the Federation arrange to seek the services of an umpire.
Section 5
The Council reserves the right to forfeit the right of hearing should either or all parties fail to attend the Arbitration Hearing and the decision of the Council is final.
|
