Wanita MCA By-Laws

On Wednesday    11-02-2015 10:57:00


Part I – GENERAL


 

(1) NAME

The name of the section shall be “The Malaysian Chinese Association Women Section” or Wanita MCA (hereinafter referred to as “the Wanita”)


(2) BY-LAWS

These By-Laws may be cited as the Wanita MCA By-Laws.

 

(3) ADDRESS

The Wanita MCA Headquarters Secretariat shall be situated at the MCA Headquarters, Wisma MCA, No. 163 Jalan Ampang, 50450 Kuala Lumpur.

 

(4) OBJECTS

 The objects shall be:

  1. To carry out the objectives of the MCA as laid down in the MCA Constitution.
  2. To lead women to be more active in participation of politics and help in nation building.
  3. To uplift women’s status and fulfill gender equality.

 


PART II – MEMBERSHIP


 

(5) QUALIFICATION

All female members of the Party shall be members of the Wanita Section.

 

(6) TERMINATION OF MEMBERSHIP

6.1 A member shall cease to be a member of the Wanita Section if she resigns her membership in accordance with the Article 18 of the MCA Constitution.
6.2 A member shall also cease to be a member of the Wanita Section if she is expelled in accordance with Part XV of the MCA Constitution.

 


PART III – STRUCTURE OF THE WANITA MCA


 

(7) BRANCH LEVEL

7.1 Any branch with twenty-five (25) or more women members listed in the MCA Branch Register of Members may form a Wanita Branch.  The Establishment of a Wanita Branch must be officially confirmed and recognized by the Wanita Central Committee. 
7.2

Every Branch shall have a Committee consisting of the following office-bearers:

  1. Branch Chairman
  2. Branch Deputy Chairman
  3. Branch Secretary
  4. Branch Vice-Chairman
  5. Branch Treasurer
  6. Branch Organizing Secretary
  7. Not more than seven (7) Committee Members to be elected by the Wanita Branch Assembly and not more than three (3) Committee Members to be appointed by the Wanita Branch Chairman. Whereby, every branch must reserve one (1) position for each Elected Committee Member and Divisional Delegate who shall be of the age of thirty five (35) or below.

    The Elected Committee Member and Divisional Delegate who are of the age of thirty five (35) or below must be elected from the Wanita Branch Assembly. If there are no such Committee Member and/or Divisional Delegate elected from the Wanita Branch Assembly, the positions shall be left vacant.

Except for the post of the Secretary, the Treasurer, the Organizing Secretary and the additional Committee Members who shall be appointed by the Branch Chairman, the above office-bearers shall be elected by the Wanita Branch Assembly.

7.3 The Wanita Branch Assembly shall consist of all the Wanita Members in benefit in the Branch Members Register.
7.4 The Wanita Branch Assembly shall be held annually and to elect the office-bearers once every three (3) years.
7.5 The Wanita Branch Assembly shall be held annually and to elect the office-bearers once every three (3) years.
7.6

The Wanita Branch Assembly shall elect one (1) delegate for up to the first 100 members in benefit in the Wanita  Branch  Register  of Members to the Wanita State Assembly; a Branch with more than one hundred (100) valid members shall elect a maximum of two (2) delegates to the Wanita State Assembly.

7.7 The Branch Chairman shall attend the Wanita Divisional Assembly as a delegate.

 

(8) DIVISIONAL LEVEL

8.1 A divisional Wanita Section may be set up in any MCA Division which has one hundred (100) or more women members in its in Members Register. The establishment of a Divisional Wanita Section must be officially confirmed and recognized by the Wanita Central Committee.
8.2

Every Division shall have a Committee consisting of the following office-bearers:

  1. Divisional Chairman
  2. Divisional Deputy Chairman
  3. Divisional Secretary
  4. Four (4)Divisional Vice-Chairmen
  5. Divisional Treasurer
  6. Divisional Organizing Secretary
  7. Divisional Deputy Secretary
  8. Divisional Deputy Organizing Secretary
  9. Not more than twelve (12) Committee Members to be elected by the Wanita Divisional Assembly and not more than three (3) Committee members to be appointed by the Wanita Divisional Chairman. Whereby, every division must reserve one (1) position for each Elected Committee Member and State Delegate who shall be of the age of thirty five (35) or below.

    The Elected Committee Member and State Delegate who are of the age of thirty five (35) or below must be elected from the Wanita Divisional Assembly. If there are no such Committee Member and/or State Delegate elected from the Wanita Divisional Assembly, the positions shall be left vacant.

  10. Divisional Auditor
  11. All Branch Chairmen within the Division or if already included under the foregoing sub-Article, their Deputy Chairmen.

Except for the Secretary, the Treasurer, the Organizing Secretary, the Deputy Secretary, the Deputy Organizing Secretary who shall be appointed by the Divisional Chairman and the Auditor who shall be elected from amongst the Committee Members, the Committee shall be elected at the Wanita Divisional Assembly. 

8.3

The Wanita Divisional Assembly shall consist of:

  1. All delegates duly elected by the Branch Assembly
    pursuant to Article 7.5;
  2. All Wanita Branch Chairmen within the Division;
  3. Wanita members who are Members of Parliament and State Legislative Assemblies from within the Division.

    The quorum at the commencement of a meeting of the Divisional Assembly shall be fifty (50) or one-third whichever is the less of the delegates to the Divisional Assembly.

8.4 The Wanita Divisional Assembly shall be held annually and to elect the office-bearers once every three (3) years.
8.5 The Wanita Divisional Assembly shall elect two (2) delegates for up to the first 200 members in benefit in the Wanita Divisional Register of Members to the Wanita State Assembly, and one (1) delegate for the next 200 members in benefit until the total number of delegates reaches the maximum number of six (6) to the Wanita State Assembly.
8.6 The Divisional Chairman shall attend the Wanita State Assembly and the Wanita General Assembly as a delegate.
8.7

The Wanita Divisional Assembly in benefit for the first five hundred (500) valid members in the Wanita Divisional Register of Members :

  1. For every one hundred (100) valid members:
    One (1) delegate shall be elected to the Wanita General Assembly.
  2. For than five hundred (500) valid members in
    benefit, then, the Division shall elect the following number of delegates to the Wanita General Assembly:
    1. From 501 to 2500 :
      Elect one (1) delegate for every two hundred (200) members
    2. From 2501 and above :
      Elect one (1) delegate for every five hundered (500) members

Notwithstanding the aforesaid, there shall be a minimum of two (2) delegates from each Division to the Wanita General Assembly.

Provided always that for those Wanita Divisions which have more than five (5) delegates elected to the Wanita General Assembly, where at least one (1) of whom shall be of the age of thirty five (35) or below.

 

(9) STATE LEVEL

9.1

All the affairs of each State shall be the responsibility of a State Committee which shall consist of the following office-bearers:

  1. State Chairman
  2. State Deputy Chairman
  3. State Secretary
  4. Four (4) State Vice-Chairmen
  5. State Treasurer
  6. State Organizing Secretary
  7. State Deputy Secretary
  8. State Deputy Organizing Secretary
  9. Fifteen (15) Committee Members to be elected by the Wanita State Convention where at least two (2) of whom shall be of the age of thirty five (35) or below and an additional five (5) Committee Members to be appointed by the Wanita State Chairman. The 2 Committee Member posts allocated for 35 years or below should be left vacant if there no candidates to fill such posts.
  10. State Auditor
  11. All Divisional Chairmen or if already included under the foregoing sub-Articles, their Deputy Chairmen. Except for the Secretary, the Treasurer, the Organizing Secretary, the Deputy Secretary, the Deputy Organizing Secretary and the additional Committee Members who shall be appointed by the State Chairman and the Auditor who shall be elected from amongst the Committee Members, the Committee shall be elected at the Wanita State Convention.
9.2 The Wanita State Assembly shall be held annually and to elect the office-bearers once every three (3) years.
9.3

The Wanita State Assembly shall consist of:

  1. Members of the incumbent Wanita State Committee;
  2. Delegates duly elected by the respective Wanita Divisional Assemblies pursuant to Article 8.5;
  3. Wanita Divisional Chairman;
  4. Delegates duly elected by the respective Wanita Branch Assemblies pursuant to Article 7.6;
  5. Wanita members who are Members of Parliament and State Legislative Assemblies from within the State.

The quorum at the commencement of a meeting of the State Assembly shall be fifty (50) or one-third whichever is the less of the delegates of the State Assembly.

 

(10) NATIONAL LEVEL

10.1 The highest policy-making body of the Wanita MCA shall be the General Assembly which shall be held at least once in each year.  In addition to the Annual General Assembly, a General Assembly may be called by a notice in writing requisitioned by not less than one-third (1/3) of the number of delegates comprising the Wanita General Assembly or by a resolution of not less than one-third (1/3) of the Wanita Central Committee.
10.2

The Wanita General Assembly shall consist of:

  1. Members of the incumbent Wanita Central Committee;
  2. Delegates duly elected by the respective Wanita Divisional Assemblies pursuant to Article 8.7;
  3. Wanita Divisional Chairmen; and
  4. Wanita members who are Members of Parliament and State Legislative Assemblies.

The presence at all times of at least 200 or one-third whichever is the less of the number of delegates entitled to attend the meeting, shall form a quorum for a meeting of the General Assembly.

10.3 The Annual General Assembly shall be held on a date to be fixed by the Wanita Central Committee but in any event must be at a date earlier than the General Assembly of the Party.
10.4

The Wanita Central Committee shall consist of the following office-bearers:

  1. National Chairman
  2. National Deputy Chairman
  3. Secretary-General
  4. Four (4) National Vice-Chairmen
  5. Treasurer-General
  6. National Organizing Secretary
  7. Deputy Secretary-General
  8. Deputy Treasurer-General
  9. National Deputy Organizing Secretary
  10. Twenty Five (25) elected Central Committee Members where at least two (2) of whom shall be of the age of thirty five (35) or below. The General Assembly and eight (8) Committee Members to be appointed by the National Chairman. The 2 Committee Member posts allocated for 35 years and below should be left vacant if there no candidates to fill such posts.
  11. All Wanita State Chairmen, or if already included under the foregoing sub-Articles their Deputy Chairmen.

Except for the Secretary-General, the Treasurer-General, the Organizing Secretary, the Deputy Secretary-General, the Deputy Treasurer-General, the National Deputy Organizing Secretary and the additional Committee Members who shall be appointed by the National Chairman and the Wanita State Chairmen, the office-bearers shall be elected at the Wanita General Assembly once in every three (3) years.

10.5 No person shall hold the office of the National Wanita Chairman for more than nine (9) years from the date she is elected or appointed to or from the date she assumes this office under Article 12.1 of the Wanita MCA By-Laws.

 


PART IV – POWERS OF COMMITTEES


 

(11) The powers of the Central, State, Divisional and Branch Committees shall be as conferred upon them from time to time by the respective assemblies and subject to the Standing Orders as may from time to time be prescribed by the Party Central Committee, which shall include the following:

 

11.1 To regulate its own proceedings, direct manage and control the affairs of the Wanita MCA and act in the name of the Wanita MCA;
11.2 To recommend to the Party Central Committee to add to, repeal, amend, substitute or alter the By-Laws as it shall think expedient for the attainment of any of the objects of the Wanita MCA or for the better management thereof;
11.3

To delegate, with or without powers to sub-delegate and subject to such conditions as it may think fit, all or any of its powers, except the power to effect changes to these By-Laws to the Central Committee and any other Committees or Sub-Committees;

11.4 To deal with all matters pertaining to the Wanita MCA not specifically provided for by these By-Laws.

 


PART V – RESIGNATION, DEATH OR REMOVAL OF OFFICE-BEARERS


 

12.1 If the Chairman of any Branch, Division or State or the National Chairman, shall cease to hold office upon her resignation, death or removal from office, the Deputy Chairman shall hold that office until the next Assembly at which elections of office-bearers are held.  The vacancy of the Deputy Chairman shall thence be filled by the Committee electing one amongst themselves to be Deputy Chairman who shall hold office until the next Assembly at which elections of office-bearers are held.
12.2

If the Deputy Chairman of any Branch, Division or State or the National Deputy Chairman, shall cease to hold office upon her resignation, death or removal from office, the Chairman shall appoint one of the Vice-Chairmen to be the Deputy Chairman until the next Assembly at which elections of office-bearers are held.

12.3 Any Committee Member may resign her office by giving notice in writing of her intention to the Chairman. If such vacancy is of an appointed office, it shall be filled by an appointment by the Chairman, otherwise the vacancy shall remain until the next election.

 


PART VI – QUORUM AND MEETING


 

13.1 Unless otherwise provided the quorum at the commencement of any meeting shall be one-third (1/3) of the number of members entitled to attend the meeting.  Unless otherwise provided at any meeting where there is a lack of quorum thirty (30) minutes after the scheduled time to commence, such meeting shall stand adjourned for one (1) week to be convened at the same place and time as the meeting for which notice has been given and the adjourned meeting thereafter shall proceed irrespective of the existence or otherwise of a quorum and proceedings of such adjourned meeting shall not be invalid by reason of the lack of quorum.
13.2 All Committees shall hold meetings to transact business at Branch, Division, State and National levels as often as necessary provided that the Committees shall meet at least once in every two (2) months.

 


Part VII – BUREAUX, AD HOC COMMITTEES AND SUB-COMMITTEES


 

14.1 There may be established at the Wanita Section Headquarters one or more Bureaux and Committees for Special Functions with such functions and powers as the National Chairman shall in writing determine after consultation with the Wanita Central Committee and the MCA President.
14.2

The National Chairman shall establish or cause or direct to be established Bureaux, Ad Hoc Committees and Sub-Committees at National, State, Divisional and Branch levels to carry out the objects of the Wanita Section.

All members of such Bureaux, Ad Hoc Committees and Sub-Committees shall be appointed by the National Chairman at National level, by the State Chairman at State level, by the Divisional Chairman at Divisional level and by the Branch Chairman at Branch level, after consultation with their respective Committees.

 


Part VIII – DURATION OF TERMS FOR OFFICE-BEARERS


 

(15) All office-bearers of all Committees shall hold office until new office-bearers have been validly elected or appointed to replace them in their respective offices.

 


Part IX – GENERAL PROVISIONS


 

(16) In case of any dispute as to the interpretation, construction rendering and meaning of all or any of these By-Laws, the interpretation, construction rendering and meaning determined and fixed by the Central Committee of the Wanita MCA shall be final and conclusive.

 

(17) The Wanita Central Committee shall have the powers to recommend the suspension, expulsion and or any other action against a Wanita member or any Wanita Branch or Division to the Presidential Council for its action pursuant to Part XV of the Party Constitution.

 

(18) Any other matters not specifically provided for or dealt with in these By-Laws shall be dealt with in accordance with the provisions of the MCA Constitution.

 


Part X – TRANSITIONAL PROVISIONS


 

(19) Until new Office-Bearers are elected pursuant to these By-Laws, the existing Office-Bearers under the 1981 Wanita MCA By-Laws shall be deemed, for all intents and purposes to be, and to be capable of, acting in their respective capacities or collectively as members of any Committee.