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,
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;