CHAPTER I

NAME REGISTERED ADDRESS, SYMBOL, BADGE AND FLAG

Article 1        NAME

This organization shall be known as “PARTI BERSATU SABAH” (PBS) or in English “SABAH UNITED PARTY” hereinafter referred to as ‘the Party’.

Article 2        REGISTERED ADDRESS

The Registered Address which shall be at the Headquarters of the Party shall be at Block M, Lot 4, Third Floor, Donggongon New Township, Penampang, Sabah, or at such other place as may be determined by the Supreme Council. The Registered Address shall not be changed without the prior written approval of the Registrar of Societies.

Article 3        SYMBOL AND BADGE

            (i)        The SYMBOL and the BADGE of the Party shall be two hands clasped in handshake over the green map of Sabah outlined in bold brown border inside a brown-sided square with the words ‘PARTI BERSATU SABAH’ below it. The ‘handshake’ shall signify unity, friendship and cooperation among the people of Sabah; the colour ‘green’ shall signify the wealth with special emphasis on the agro-based nature of the State of Sabah; the colour ‘brown’ shall signify the fertility of its soil and the shape ‘square’ shall signify equality and justice among all the    people in Sabah.


(ii)       The Supreme Council may make rules for the use of, or any matters connected with the symbol and badge of the Party.

(Please see Appendix ‘A’)

Article 4                    FLAG

            (i)        The flag of the Party shall be:-

(a)         the part nearest to the rope shall be red which shall signify courage;

(b)        the centre shall be white which signifies purity and superimposed with the symbol and badge of the Party;  and

(c)        the end portion shall be blue which shall signify peace and tranquility.

            (Please see Appendix ‘B’)

            (ii)       The Supreme Council may make rules for the use of, or on any matters connected with the Party’s flag.

Article 4A      MOTTO

The motto of  the Party shall be BERSATU which shall signigy the foundation and means for the Party to pursue and achieve its aims and objects.


CHAPTERS II

AIMS AND OBJECTS

Article 5                    AIMS AND OBJECTS

The aims and objects of the Party shall be:-

(i)                To uphold, maintain and ensure the continued and proper process and practice of Parliamentary Democracy.

(ii)             To uphold the Dignity of Man.

(iii)           To promote goodwill and work towards peace, progress, harmony and understanding so as to ensure a proper process of integration and unity among all  races in Malaysia, particularly in Sabah.

(iv)            To preserve and to protect the rights and interests of Sabah within the Federation of Malaysia.

(v)               To protect and safeguard the rights and special privileges of the local bumiputera and the legitimate interests of other  Malaysian citizens in Sabah.

(vi)            To protect, preserve and to promote the traditional customs, and cultures of all the peoples of Sabah.

(vii)          To ensure and uphold without conditions the practice of religious freedom.


(viii)       To promote awareness of being a Malaysian and of loyalty to King and Country.

(ix)            To uphold support and maintain the principles of RUKUNEGARA in the true sense of the word and noble spirit.

(x)              To work with other Malaysian registered political organisations with similar aims and objects so as to ensure and encourage the healthy development of party politics; and to do all that is necessary and incidental to the above aims and objects towards a just, stable, harmonious and prosperous society.

CHAPTER III

MEMBERSHIP

Article 6                    QUALIFICATION FOR MEMBERSHIP

(i)                    Any citizen of Malaysia who is residing in Sabah or in the Federal Territory of Labuan and is not less that eighteen   years of age, who accepts and subscribes to the Party’s Constitution, programmes, policies and principles, and who is not a member of any other political party may become a member of a Party.

(ii)                   Any member who:-

            (a)       wittingly applies/or declares himself to be member of another political Party or otherwise acts or conducts himself howsoever which is likely to be detrimental to the interest of


the Party or any of its Division shall forthwith cease to be a member of the Party.

            (b)       had been proven to have given or employed or accepted money or presents or favour whatsoever or misconducted himself howsoever if the same are intended or for the purpose to garner and secure support whether for himself or  otherwise for an election to any post within the Party shall cease to be a member of the Party as from the date when the member is found quilty by the Party Disciplinary Committee.

Article 7                    APPLICATION FOR MEMBERSHIP

Any person who wishes to become a member shall submit his application in the prescribed form together with the payments of the entrance fee and the subscription prescribed for in Article 8 of this Constitution to the Secretary  of the Branch in which he applies for membership.

Article 8                    SUBSCRIPTION

(i)                Every member shall pay to the Party Headquarters through his Branch and Division his yearly subscription.

(ii)             The Annual Subscription of a member shall be RM1.00.

(iii)           There shall be an entrance fee of RM2.00.

(iv)            Any annual subscriptions except the first subscription of a new members are provided by Article 7, shall be payable in the first month of each financial year.


(v)               The entrance fees and subscriptions collected under Clauses  (ii) and (iii) of this Article shall be submitted by the Divisional Secretary to the Treasurer-General within one month after the receipt od such sums.

(vi)            The Supreme Council shall decide from time to time the percentage of subscription to be held by the Branches and Divisions as Branch Funds and Division Funds to meet their expenses.

(vii)          The Treasurer-General shall allocate to the Divisions and Branches such proportion of such money collected as  may be approved by the Supreme Council to meet their respective expenses.

Article 9                    ADMISSIONS OF MEMBERS

(i)                The Branch Secretary shall submit every application for membership to the meeting of the Branch Committee as soon  as possible for its consideration.

(ii)             The Branch Committee shall decide on all applications for membership and may by voting approve or refuse the application or postpone consideration without assigning any reason for its decision.

(iii)           Any applicant whose application for membership has been refused by a Branch Committee, may appeal first to the Divisional Committee for its consideration and then to the Supreme Council whose decision shall be final.

(iv)            An ex-member whose membership had ceased through expulsion or withdrawal cannot be readmitted as a member without the prior approval of yje Supreme Council.

Article 10     RIGHTS OF MEMBERS

            (i)        Unless otherwise provided for in this Constitution a member,  so long as he has not ceased to be a member for any reason, shall be entitled to:-

(a)       attend and speak at all meetings which he is entitled to attend;

(b)              vote at all meetings in which he is entitled to vote;

(c)              hold such office in the Party to which he may be duly elected or appointed; and

(d)              have access to and make reasonable use of such facilities as the party may provide.

(ii)             If any member shall without reasonable excuse fail to pay the yearly subscription  within one month od such subscription becoming due, his rights as a member shall be suspended and such member shall not be recognised as a member until such subscription is paid.

Article 11     RESIGNATION OF MEMBERS

A member may resign his membership by giving notice in writing to the Branch Secretary who shall report such resignation to the Branch Committee.

A copy of the letter of resignation shall be forwarded by the Branch  Secretary to the Divisional Secretary and the Secretary-General respectively provided that ib the case of a member who ceases to be member by operation of Article 6(ii) shall be deemed to have resigned from the Party whether or not a notice of his resignation is received.

CHAPTER IV

 REGISTERS AND MEMBERSHIP CARDS

Article 12     MEMBERSHIP REGISTER

(i)                Every Divisional and every Branch Office shall each keep a Register of all its members.

(ii)             The Party Headquarters shall keep a Register of all members.

(iii)           The Supreme Council may make rules concerning the Register of members.

Article 13     MEMBERSHIP CARDS

(i)                Every member shall possess a membership card.

(ii)             Membership cards shall be issued by the Secretary-General.

(iii)           A member shall not be recognised as such unless he is in possession of a membership card, and has paid his subscription for the current year. Provided that a member shall be recognised as such if he is able to prove that he is a member of the Party.

(iv)            The Supreme Council may make rules concerning the Membership cards.

CHAPTER V

HEADQUARTERS ORGANISATION AND ADMINISTRATION

Article 14     EXECUTIVE COMMITTEE

            (i)        There shall be an Executive Committee comprising of the following Party Officials:-

(a)               The President;

(b)              Three (3) Deputy Presidents;

(c)              Seven Vice Presidents, including the Leader of the Youth Movement and the Leader of the Women Movement;

(d)              The Secretary-General;

(dd)         The Assistant Secretary-General;

(e)              The Treasure-General;

(ee)          The Assistant Treasurer-General;

(f)               The Chief Publicity Officer; and

(g)              The Assistant Chief Publicity Officer.

(ii)             The President, the three (3) Deputy Presidents and five (5) of the Vice Presidents other than the Leader of the Youth Movement and the Leader of the Women’s  Movement shall be elected from among ordinary members by the Annual  Delegates Conference of the year in which elections are held.

(iii)           The Officials specified in paragraph (d), (dd), (e), (ee), (f)  and (g) of Clause (i) of this Article shall be appointed by the President after consultation with the Supreme Council and shall hold office until the next election of Party Officials in the Annual Delegates Conference or until they resign or are removed by the Supreme Council for any reason or when the President relinquishes his office.

(iv)            Subject to the provisions of Article 63 of this Constitution, the names of the Candidates for election to the offices referred to  in clause (ii) of Article 14 and clause (f) of Article 21 shall be nominated by the respective Divisional Committee of the  Party provided that such names shall only be put for election of office if nominated by not less than three (3) Divisions and after a written consent to that effect is given by the candidates concerned. Election shall thereon shall be by simple majority vote of the delegates conferennces or Annual General Meetings as the case may be.

Article 15     HEADQUARTERS ADMINISTRATION

(i)                The Executive Committee referred to in Article 14 of this Constitution shall be responsible for the Central administration of the Party which shall be established at the Headquarters of the Party or at such other places as may be determined by the Supreme Council.

(ii)             The President shall be responsible for the proper day-to-day administration of the Party’s Headquarters and in his absence, he may appoint his Deputy to take his place.  He shall preside all Supreme Council meetings.  He shall have a casting vote and shall sign the minutes of every meeting to signify the approval of such minutes.

(iii)           (a)       The President shall appoint one of the Deputy President to deputise for him during his absence.

            (b)       The Vice Presidents shall assist the President and the Deputy Presidents in their performance of their duties and shall carry out such directives and activities as may be assigned to them by the Supreme Council from time to time. In the event of the absence of the President and the three Deputy Presidents, the Supreme Council shall by a resolution appoint one from amongst the Vice Presidents to deputise for the President during his absence.

(iv)            The Secretary-General shall be the Chief Executive Officer of the Party’s Headquarters and shall be deemed to be its Public Officer. He shall conduct the daily business of the Party in accordance with its rules and shall carry out the instructions of the Annual Delegates Conference and of the Supreme Council. He shall be responsible for conducting all correspondences and to keep proper custody of Party’s files, books and other documents belonging to the Party. He shall attend all meetings conducted by the Supreme Council and he shall be responsible for recording the minutes of such meetings. He shall keep proper maintenance of the Party’s premises and to liaise with all the Divisions relating to the Party. The Secretary-General shall within twenty-eight (28) days after the holding of the Annual Delegates Conference send to the Registrar of Societies an Annual Return of receipts and payments, funds and effects of the Party as audited and shall enclose therewith a copy of  the Auditor’s Report, if any.

(iva)    The Assistant Secretary-General shall assist the Secretary-General in the performance of his duties as specified in Clause (iv) of this Article and shall deputise for the  Secretary-General during the latter’s absence.

(v)               No appointment shall be made to the staff of the Secretary-General without the approval of the President acting on the authority of the Supreme Council.

(vi)            The Treasurer-General shall be responsible for all financial interests of the Party. He shall be responsible for the proper management of the Party’s Funds.

(via)    The Assistant Treasurer-General shall assist the Treasurer-General in the performance of his duties as specified in Clause (vi) of this Article and shall deputise for the Treasurer-General during the latter’s absence.

(vii)          The Secretary-General and the Treasurer-General shall be paid officials of the Party.

(viii)       All Cheques shall be signed by the Treasurer-General or in his absence, the Secretary-General and any one of four (4) Executive Committee members as may be decided by the Supreme Council.

(ix)            The Chief Publicity Officer shall be responsible for the proper conduct of the information section of the Party. He shall plan and organise civil and political forums in liaison with all Divisions of the Party as and when necessary. He shall be responsible to collect publications of other materials which are connected or, of the interests of the Party. He shall refer the publications of other materials to the Supreme Council if and when necessary. He shall, before releasing any press or other outgoing statements from the Party refer such press or outgoing statements to the President or the Secretary-General for scrutiny.

(ixa)   The Assistant Chief Publicity Officer shall assist the Chief Publicity Officer in the performance of his duties as specified in Clause (ix) of this Article and shall deputise for the Chief Publicity Officer during the latter’s absence.

(x)              The other Committee members shall assist in the administration of the Party Headquarters and may be assigned with such special duties as may be determined by the President from time to time.

CHAPTER VI

FINANCE AND PROPERTY

Article 16     SOURCES OF INCOME

The income of the Party shall be derived fron the following sources:

            (a)       Subscriptions;

            (b)       Donations;

            (c)       Such other sources as may be approved by the Supreme Council or by such appropriate Sub-Committee as may be approved by the Supreme Council; and

            (d)       A member who is also member of the Senate or the House of Representatives or the State Legislative assembly or who is holding a post designated by the Supreme Council shall make such monthly payment as may be fixed by  the Supreme Council  to the Party Headquarters. In the event of such member refusing or failing to pay, the Supreme Council may take such action as may be appropriate,  including expulsion of such member, subject nevertheless to the provisions of Article 31 of this Constitution.

Article 17     FINANCIAL YEAR

(i)                The Financial Year shall be from 1st January to the 31st December of each year.

(ii)             The Subscription Year shall be the same as the Financial Year.

(iii)           The offices of the Branches and Divisions shall submit to the Secretary-General their respective Yearly Reports and Statement of Accounts duly audited and adopted.

Article 18     PARTY ASSETS AND CUSTODY OF PARTY MONEY

(i)                All party monies, except petty cash, shall be kept in a Bank in the name of the Party.

(ii)             All cheques shall be signed by the officials referred to in  Article 15 Clause (viii) of this Constitution in the case of Party Headquarters Account and by the respective Committee in the case of Division or Branch Account.

(iii)           A Division shall be entitled to all monies, lands, buildings and other property of a Branch which has been dissolved.

(iv)            The Supreme Council shall be entitled to all monies, lands, buildings and other property of a Division which has been dissolved.

(v)               The Supreme Council may make rules and regulations in connection with the control disposition and handling of property of the Party at all levels of its organisation and from one level to another from time to time.

Article 19     BOARD OF TRUSTEES

(i)                There shall be a Board of Trustees consisting of three members who shall be appointed by the Annual Delegates Conference.

(ii)             The Party Headquarters, any Division or Branch may acquire land, building and other property either by purchase or otherwise dispose of such land or building or other property in accordance with the law applicable to such transactions.  All lands, buildings and other property, except money deposited with the bank, shall be vested and held in trust for the Party by the Board of Trustees.

(iii)           The Trustees shall hold office until death, resignation or removal from office by the Annual Delegates Conference for any reason whatever. When any trustees cease to hold office, the fact shall be reported to the Annual Delegates Conference  at  a meeting subsequent to the event.

(iv)            In the interim period before an Annual Delegates Conference the Supreme council may appoint another member to be a Trustee and such appointment shall also be reported to the Annual Delegates Conference.

Article 20     AUDITORS

(i)                The Annual Delegates Conference shall appoint a firm of accountants to audit the accounts of the Party.

(ii)             The Divisional General Meeting and the Branch General Meeting shall appoint two members to audit their respective accounts and the Statement of Accounts together with the Auditor’s Report shall be tabled at their respective Annual Meetings.

(iii)           The Supreme Council or its authorised representative may at any time inspect the accounts of the Divisions and Branches.

(iv)            The Supreme Council may make Rules regulating the manner in which t he accounts are to be kept.


CHAPTER VII

THE SUPREME COUNCIL

Article 21     COMPOSITION OF THE SUPREME COUNCIL

There shall, subject to provisions of Clauses  (ii),  (iii) and  (iv) of Article    14 and of Article 63 of this Constitution, be a Supreme Council which shall consist of the following Officers and shall be termed as the “Office bearers” of the Party.

            (a)       The President;

(b)              The Three Deputy Presidents;

(c)              The Seven Vice Presidents, including the Leader of the Youth Movement and the Leader of the Women’s Movement;

(cc)     The Four (4)Vice Presidents appointed by the President;

(d)       The Secretary-General;

(dd)     The Assistant Secretary-General;

(e)       The Treasurer-General;

(ee)     The Assistant Treasurer-General;

(f)               Not more than sixteen (16) Ordinary Council Members to be elected by the Annual Delegates Conference of the year in which elections are held;

(g)              The Chief Publicity Officer;

(gg)     The Assistant Chief Publicity Officer; and

(h)       Not more than 12 Ordinary Council Members to be appointed by the President.

Article 22     SUPREME COUNCIL MEETING AND QUORUM

(i)        The Supreme Council shall meet at least once in every three months or when directed by the President or on the written requisition of at least one-third of the members of the Supreme Council . Seven (7) days notice of each meeting shall be given to the members.

(ii)             The presence of half the numbers of members of the Supreme Council shall form a quorum for a meeting of the Supreme Council.

Article 22     POWERS OF THE SUPREME COUNCIL

(i)        The Supreme Council shall be the body responsible for the administration of the affairs of the Party under the authority  and direction of the Annual Delegates Conference.

(ii)       The Supreme Council shall have the power to do all acts, either general or specific on behalf of the Annual Delegates Conference between one meeting of the Annual Delegates Conference and the next but it must report its activities to the Annual Delegates Conference.

(iii)           Not-withstanding Clause (ii) of Article 25 of this Constitution, if the President shall cease to hold office the Supreme Council shall elect any one of the three (3) Deputy Presidents to act in that office until a President shall have been elected at the Annual Delegates Conference in which elections are held.

PROVIDED that in the event of that Acting President ceasing to hold office for any reason before a President shall have been elected by a meeting of the Annual Delegates Conference, the remaining members of the Supreme Council shall elect one of the remaining Deputy Presidents or one of the Vice Presidents to be the Acting President.

Article 24     DUTIES AND RESPONSIBILITIES OF THE SUPREME COUNCIL

            (i)        The duties and responsibilities of the Supreme Council shall  be:

(a)               to formulate principles, political programmes and policies, including economic, educational, cultural, welfare and social policies to be presented to the   Annual Delegates Conference;

(b)              to recommend members for appointment to the Senate and to select candidates for Parliamentary and the State Elections as proposed by the Divisional Committees;

(c)              to control, supervise and decide on all matters connected with any elections;

(d)              to co-operate and work with other organisations either inside or outside Sabah but within Malaysia on political or other matters which are not inconsistent with the provisions of this Constitution;

(e)              to select members to represent teh Party in any assembly or council or similar bodies;

(f)               to confirm and grant recognition to the establishment of a Division and to see that its activities conform to the Constitution of the Party;

(g)              to supervise and direct the activities and administration of the Divisions so as to promote their well-being;

(h)              to settle, with the consent of the parties concerned, any dispute which may arise within the Party;

(i)                to table before the Annual Delegates Conference a  report of its activities and progress made during the previous year together with the Statement of Account which has been audited and passed;

(j)                to send the Divisions the Annual Report together with the notice of meeting of the Annual Delegates Conference at least forty-five (45) days before the date of the Annual Delegates Conference;