Our Constitution

The registered address is:

TOWER A-15-3, PINNACLE PJ, JALAN UTARA C
46200, PETALING JAYA, SELANGOR

Or at such other place as may from time to time be decided by the Council and the postal address is:

TOWER A-15-3, PINNACLE PJ, JALAN UTARA C
46200, PETALING JAYA, SELANGOR

The registered and postal address shall not be changed without the prior approval of the Registrar of Societies.

SECTION A: The objects of the Union shall be as follows:

1. Promote unity in the Malaysian Sikh Community and to further religious, educational, economical, physical and political advancement.
2. To present and express the views of the Sikhs on matters affecting their religious, educational, political, public and economic welfare and have representation in other organisations.
3. To raise the status of Sikhs and to develop and maintain healthy social intercourse between Sikhs and other communities.
4. To cooperate with any organisation in the furtherence of one or all of the objects of the Union.
5. To establish State Branches throughout Malaysia.
6. To raise funds for the foregoing purpose in any legal manner.
7. For the attainment of the above mentioned objects, Sections or Sub-committees may be formed. These Sections or Sub-committees shall be responsible for carrying out such duties as may be delegated to them.
8. To obtain lease or purchase lands and obtain, hire, lease or erect necessary buildings to carry out any of the above objects; to solicit subscriptions and donations from its members and from the general public for the furtherence of the objects of the Union.
9. The income and property of the Union acquired from any business shall be applied towards the promotion, furtherence and carrying out of the objects of the Union and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or ortherwise howsoever by way of profit to the members of the Union, provided that nothing herein shall prevent the payments in good faith or reasonable and proper remuneration to any officer or servant of the Union in return for any services rendered to the Union.

SECTION B: POWERS

The Union shall in addition to the powers conferred on it by this constitution have the following powers:
1. To appoint trustees and to substitute or remove them.
2. To engage or dismiss the employees of the Union.

There shall be the following category of membership:
a) Life Membership

1. Every application for membership shall be proposed and seconded by two existing members in benefit and shall be forwarded with the membership fees and photocopy of the Identity Card to the Branch Secretary.
2. The Branch Secretary shall submit the forms to the Branch Committee for approval.

Upon approval,
i. The Life membership subscription of the applicants shall be 80% to the Branch and 20% to National Council accounts.
ii. The application will be then forwarded to the National Secretary to assign a membership number.
iii. Upon non-approval or non consideration for memberships by a Branch, the applicant may send the application to the National Secretary to consider for approval.

1. The subscription shall be paid to the Branch Treasurer or where no Branch exists, to the Union Treasurer.
2. Individual members shall pay an annual subscription of RM10.00 payable annually or in advance. Individual members must pay their subscriptions – new or old – by 31st December. The levy must be paid to the National council at the latest by 31st January. These members shall be eligible to participate and vote in the Branch elections.
3. An Individual member may become a Life member on payment of Life membership subscription of RM150.00.

1. A member shall deemed to have ceased membership upon giving such notice in writing to the Secretary concerned. All out standing dues must be settled.
2. A member in arrears of subscription for more than two years shall receive a notice from the Secretary to pay up all dues within a period of one month otherwise he/she shall automatically cease to be a member.

1. The supreme authority of the Union is vested in a Delegates’ Conference comprising of the President, all Council members and the Branch delegates. Any non delegates of the Union may with the consent of the President be present during the proceedings of the Delegates’ Conference but may not speak or vote.
2. The Branch Chairman shall automatically be a delegate for the Annual Delegates’ Conference. The other Branch delegates shall be elected annually at their respective Branch Annual General Meeting. The AGM may mandate the incoming committee to appoint delegates and shall be eligible one delegate every 30 Life members.
3. Only delegates shall be eligible to vote at any Delegates’ Conference and shall have one vote each. The President or whoever acts as President shall have a casting vote.
4. A quorum shall be considered to be formed if the delegates present represent more than 1/2 of the total number of Branches. The total number of delegates present shall not count for the purpose of a quorum.
5. If one hour after the appointed time for the conference, a quorum is not present, the conference shall be postponed to a date (not exceeding 21 days) to be decided by the National Council, and if a quorum is not present after one hour after the time appointed for the postponed conference, the delegates present shall have the power to proceed with the business of the day but they shall not have the power to alter the clauses of the Union.
6. An Annual Delegates’ Conference of the Union shall be held by 31st December on a date and a time and place decided by the National council. The business of the Annual Delegates’ Conference shall be:
a) To receive the National Council’s annual report.
b) to receive the Treasurer’s report and the audited accounts of the Union for the previous year.
c) To elect a President, Deputy President and 10 committee members and appoint
7 members from the Branches to the National Council To appoint 2 auditors every alternate year for the two ensuing years. No person shall be President for more than two consecutive terms.
d) To deal with such matters of which at least 7 days’ notice in writing has been received by the General Secretary.
7. A preliminary notice of the Annual Delegates’ Conference stating the date, the time and the place of meeting; and calling for motions for discussion at the Conference, motions for amendments of the Clauses, nominations for the elections to the National Council and names of Branch delegates, shall be sent by the General Secretary to all Branches not later than 14 days before the Annual Delegates’ Conference.
8. Names of Delegates, nominations for President, Deputy President and Council members, motions for discussion at the Conference shall be sent by the Branch secretaries not later than 7 days before the Annual Delegates’ Conference.
9. The National Council shall comprise of the President, Deputy President and 10 elected committee members. Of the remaining 8 posts in the National Council, 7 will be appointed from the Branches, represented by the Branch Chairman or his Vice Chairman. The immediate Past President shall be a member of the National Council.
10. The General Secretary shall post the notice and agenda of the Conference. The minutes, annual report and audited accounts shall be distributed at the meeting.
11. An Extraordinary Delegates’ Conference of the Union shall be convened:
a) Whenever the National council deems it desirable, or
b) At the joint request in writing by the Branch committees of three or more Branches, stating in each case the objects and reasons for such a Conference.
12. An Extraordinary Delegates’ Conference requisitioned by Branches shall be convened for a date within thirty days of receipt for such a Conference.
13. The General Secretary shall forward notice and agenda for an Extraordinary Delegates’ Conference to all Branch Secretaries at least 15 days before the date fixed for the Conference.
14. Paragraphs (4) and (5) of this Clause regarding the quorum and postponement of an Annual Delegates’ Conference will apply to the Extraordinary Delegates’ Conference, but with the proviso that if no quorum is present one hour from the time appointed for a postponed Extraordinary Delegates’ Conference requisitioned by Branches, the Conference shall not be requisitioned for the same purpose until after
the lapse of at least six months from the date thereof.
15. The General Secretary shall forward to all Branch Secretaries a copy of the draft minutes of each Annual Delegates’ Conference within two months of its conclusion.

1. A National council consisting of a President, a Deputy President and not more than 10 other persons shall be elected at the Annual Delegates’ Conference every two years. Each Branch shall be represented by its Chairman on the Council.
2. The candidate for the post of National President and Deputy President should have been a member of the Malaysian Sikh Union for at least five years.

For the post of President, the candidate must have served at least two terms in the National Council.

For the post of Deputy President, the candidate must have served at least one term in the National Council.
3. Election for the President, Deputy President and 10 committee members shall be by secret paper ballot.
4. The immediate Past President shall be a member of the National Council.
5. The President in consultation with the elected Council members, at its first Council Meeting to be held within 24 hours of the conclusion of the Delegates’ Conference, shall appoint the following office bearers:
– Two Vice presidents
– A General Secretary
– Two Assistant General Secretaries
– A Treasurer
– An Assistant Treasurer
The remaining 11 comprise the Immediate Past President, Chairmen or Vice Chairmen of the 7 Branches and 3 remaining elected members.
6. All officers of the Union and all those who are performing executive functions of the Union shall be Malaysian citizens.
7. The Council shall appoint an Executive Committee consisting of the President, the Deputy President, General Secretary, the Treasurer and three members from the Council to attend to the day-to-day affairs of the Union. It may also appoint other committees to run specific activities of the Union.
8. The function of the National Council is to organise and supervise all activities of the Union and to make decisions on matters affecting its running within general policy laid down by the Delegates’ Conference including making by laws, of outstanding Malaysians. The National Council may not act contrary to the expressed wishes of the Delegates’ Conference without prior reference to it and shall always remain subordinate to the Delegates’ Conference. It shall furnish a report to each Delegates’ Conference on its activities during the previous year.
9. The National Council shall meet every four months, and at least 14 days’ notice of each meeting shall be given to the members. At least one half of the Council members must be present for its proceedings to be valid.
10. Where any urgent matter requiring the approval of the National Council arises, and it is not possible to convene a meeting, the General Secretary may obtain such approval by means of a circular letter. The following conditions must be fulfilled before a decision of the Council is deemed to have been obtained.
a) The issue must be clearly set out in the circular and forwarded to all members of the Council
b) At least one half of the Council must clearly indicate whether they are in favour or against the proposal; and
c) The decision must be a majority vote.
d) Any decision obtained shall be reported by the Secretary at the next National Council meeting and recorded in the minutes thereof.
11. Any member of the National Council or Branch Committee who fails to attend three consecutive meetings of the Council or Branch committee without satisfactory explanation shall be deemed to have resigned from the Council. Such an individual will be barred from holding an executive position (President/Chairman, Deputy President/Deputy Chairman, Hon. Secretary, Treasurer) of a Branch and of the National Council in the next AGM/ADC election of the Branch committee and/or the National council.
12. In the event of a death or resignation of a member of the Council, the Council shall have the power to co-opt any other member of the Union to fill the vacancy until the next election of the National council.
13. The National Council shall give instructions to the General Secretary and other officers for conduct of the affairs of the Union. It may appoint such organisers and such staff, as it deems necessary. It may suspend or dismiss any organiser or member of staff for neglect of duty, dishonesty, incompetence, and refusal to carry out the decisions of the Council or for any other reason, which it deems good and sufficient, in the interest of the Union.
14. It shall give instructions to the trustees regarding the use or disposal of the immovable, movable or other property of the Union.
15. Between Annual Delegates’ Conference, the National Council shall interpret the clauses of the Union and when necessary determine any point on which the clauses are silent.
16. The decisions of the National Council shall be binding on all members of the Union unless counter-minded by a resolution of a Delegates’ Conference.

1. The President shall during his term of office preside at the Delegates’ Conference and at all meetings of the Council and shall be responsible for the proper conduct of  such meetings. He shall sign the minutes of each meeting at the time they are approved. He may issue press releases and decide on all issues that require immediate decision. He or the Secretary shall sign on all cheques.
2. The Deputy President shall deputise for the President during the latter’s absence.
3. The Vice Presidents shall assist the President and the Deputy President.
4. The General Secretary shall conduct the business of the Union in accordance with its rules and shall carry out the instructions of the Delegates’ Conference and of the National Council. He shall be responsible for conducting all correspondence and keeping all books including the membership register, documents and papers except the accounts and financial records. He shall attend all meetings and record the proceedings. In conjunction with the Treasurer, he or the President shall sign on all cheques on behalf of the Union. He shall also send the Annual returns to the Registrar of Societies within 60 days from the date of the Annual Delegates’ Conference.
5. The Assistant General Secretaries shall assist the Secretary in carrying out his duties and shall act for him in his absence.
6. The Treasurer shall be responsible for the finances of the Union. He shall keep accounts of all financial transactions of the Union and shall be responsible for their correctness. He shall, in conjunction with the President or General Secretary, sign all cheques on behalf of the Union.
7. The Assistant Treasurer shall assist the Treasurer in carrying out his duties and shall act for him in his absence.
8. The Ordinary Council members shall attend all meetings and assist in the proper running of the Union.

1. The Annual Delegates’ Conference shall decide from time to time the percentage of subscriptions to be held by Branches as Branch funds and shall also decide what type of expenditure shall be paid from Branch funds.
2. Subject to the following provisions in this clause, the fund of the Union may be expended for any purpose necessary for the carrying out of its objects, including administration expenses, the payment of salaries, approved allowances and the audit of accounts but they on no account be used to pay the fine of any one member who may be convicted in a Court of Law.
3. The Treasurer may hold a petty cash advance not exceeding RM1000.00 at any one time. All monies in excess of this sum shall within 7 days of receipt, be deposited in a Bank of Financial Institution approved by the National Council. The Account shall be in the name of the Union.
4. Notwithstanding anything contained in paragraph 2, all cheques or withdrawal notices on the Union account shall be signed jointly by the Treasurer, and either the President or the General Secretary. In the absence of the General Secretary or the Treasurer, the Executive committee shall appoint one of its members to sign in his place.
5. No expenditure exceeding RM5000.00 at any one time shall be incurred without the sanction of the National Council, and no expenditure exceeding RM10,000.00 in any one month shall be incurred without the prior sanction of a Delegates’ Conference.
6. As soon as possible after the end of each financial year (from 1st January to 31st December) a statement of income and expenditure and a balance sheet for the year shall be prepared and audited by the Auditors appointed. The audited accounts shall be submitted for the approval of the next Annual Delegates’ Conference and copies shall be sent to the registered office of the Union and to each Branch Secretary for the perusal of the members of the Union.

1. Two persons who shall not be office bearers of the Union shall be appointed by the Annual Delegates’ Conference as Honorary Auditors. They shall hold office for two years only and may be re-appointed.
2. The Auditor shall be required to audit accounts of the Union and its Branches for the year, and to prepare a report or certificate for the Annual General Meeting of each Branch. They may be required by the President to audit accounts of the Union or any of its Branches for any period within their tenure of office at any date, and to make a report to the National Council.
3. In the event of a resignation or death, the National Council shall appoint a replacement until the next Annual Delegates’ Conference.

1. Three trustees who must be over 21 years of age, shall be appointed at the Annual Delegates’ Conference and shall hold office during the tenure of the Union. They shall have vested in them all immovable property whatsoever belonging to the Union upon and execution of in a Deed of Trust.
2. The Trustees shall not sell, withdraw or transfer any of the property of the Union without the written consent and authority of a Delegates’ Conference.
3. A Trustee may be removed from office by the National Council on the grounds that, owing to ill health, unsoundness of mind, absence from the country or for any other reason, he is unable to perform his duties satisfactorily. In the event of death, resignation or removal of a Trustee before the Annual Delegates’ Conference, the vacancy shall be filled by a new Trustee by a Delegates’ Conference.
4. Any Trustee removed from office under (3) shall have the right to appeal to a Delegates’ Conference whose decision shall not be challenged in Court.

1. The Union may be voluntarily dissolved by a resolution of not less than two thirds of the total membership at a Delegates Conference.
2. In the event of the Union being dissolved as provided above, all debts and liabilities legally incurred on its behalf shall be fully discharged and the remaining funds shall be disposed of in such a manner as may be decided upon by a Delegates Conference.
3. Notice of the dissolution shall be sent to the Registrar of Societies within 14 days from the date of such a decision.

1. The Council may by:
a) Majority vote at a meeting approve the formation of a Branch in any State where in there are at least fifteen (15) members of the Union. All such approved Branches shall be established within 3 months. Branches shall be named after the name of the State or Territory in which it is located.
b) Each State or Territory shall not have more than one Branch but two or more States or Territories may jointly have a Branch, which will be named after the Zone in which the branches are located.
2. The National Council may either suspend or dissolve a Branch:
a) If for a consecutive period of six months the Branch fails to function because members are less than 15.
OR
b) If the Branch refuses to abide by the Clauses of the Union or the decisions of the Delegates’ Conference or the National Council, or if it is in the opinion of the National Council, guilty of conduct detrimental to the Union.
3. A decision to suspend or dissolve a Branch shall be by a majority vote at a meeting of the National Council, provided that before a decision is taken to dissolve
a Branch on the grounds stated in paragraph 2b) above, the Branch concerned shall be given 30 days’ notice and an opportunity to answer all allegations.
4. The order for suspension or dissolution shall be signed by the General Secretary. On receipt of a dissolution order; the Branch shall cease to function except for the purpose of winding up. Any branch aggrieved by an order of dissolution may, by notice in writing to the General Secretary within 30 days of its receipt, lodge an appeal to the Annual Delegates’ Conference.
5. In the event of a Branch being closed for the reasons stated in paragraph 2a) of this clause, the members shall revert to the status of members of the nearest Branch, and in the event of a Branch being closed for reasons stated in paragraph 2b) of this clause, the members shall cease to be members.
6. It shall be the responsibility of the Chairman, the Secretary and the Treasurer of such Branch to deliver to the General Secretary all books, records, money and other property in the possession of the Branch together with a statement of accounts of the Branch from the date of the last submission of accounts to the date of the order of dissolution.
7. If the members of a Branch decide to secede from the Union, its office bearers shall forthwith deliver to the General Secretary all books, records, money and other property of the Union and shall forthwith prepare and deliver to the General Secretary a statement of accounts as stated in paragraph 6 above.

1. Every member of a Branch of the Union shall have the right to attend, speak and vote at any General Meeting of the Branch.
2. The Branch Annual General Meeting shall be held 2 months before the Annual Delegates’ Conference. The notice of the Branch Annual General Meeting stating the date, the time and the place of the meeting with copies of the agenda and the statement of accounts and calling for discussions, resolutions, motions for amendments of the constitution and nominations of office bearers, shall be sent by the Branch Secretary to all Branch members not less than two (2) weeks before the Annual General Meeting. All matters for discussion, motions, for amendments and all nominations of office bearers must reach the registered office at least one (1) week before the date of the Annual General Meeting.
3. The business of the Branch Annual General Meeting shall be:
a) To receive and adopt the Minutes of the previous AGM, the Branch Report of the previous year and the Audited Accounts for the previous year.
b) To elect a Branch Chairman and members of the Committee every alternate year.
c) To elect delegates to the Delegates’ Conference for the coming year
d) To deal with any other matters of which one week’s notice in writing has been given.
4. A Branch Extraordinary General Meeting shall be convened:
a) On the instructions of the National Council; or
b) Whenever the Branch Committee deems it desirable; or
c) At the request in writing of not fewer than 10 members of the Branch stating the objects and reasons for such meeting.
5. A Branch Extraordinary Meeting requisitioned by members shall take place not later than 30 days from the receipt of such requisition.
6. At least half of the members of the Branch or twice the number of Committee members, whichever is lesser must be present at any General Meeting for its proceedings to be valid. If no quorum exists after half an hour from the appointed time, the meeting shall be postponed to a later date (not exceeding 30 days) decided by the Committee; and if no quorum exists after half an hour of from the appointed time of the postponed meeting, the members present shall proceed with the business of the day but they shall have no power to make decisions affecting all members.
7. The quorum for a Branch Extraordinary Meeting shall be the same as that for a Branch General Meeting. If no quorum is present by half an hour after the appointed time for the meeting, no Extraordinary Meeting shall be requisitioned for the same purpose until a lapse of six months from the date thereof.

1. A Branch Committee consisting of the following, who shall be termed office bearers of the Branch, shall be elected at the Branch Annual General Meeting for a term of 2 years.
– A Chairman
– A Vice Chairman
– A Branch Secretary
– A Branch Treasurer
– Three Ordinary Committee Members
No Chairman shall serve more than three consecutive terms.
2. Names for the above officers shall be proposed and seconded, and election will be by simple majority vote of the members at the Branch Annual General Meeting. All the office bearers will be eligible for re-election.
3. The duties of the Branch Committee shall be to promote activities and to manage affairs of the Branch in accordance with the Clauses of the Union and the instructions of the National Council and the Delegates Conference. It shall meet at least six times a year, one third of its number shall form a quorum.
4. The newly elected Branch Committee for the ensuing term shall assume office immediately upon being elected.

1. The Chairman shall during the term of office preside at all general and committee meetings and shall be responsible for their proper conduct. He shall have a casting vote and shall sign the minutes of each meeting at the time they are approved.
2. He or the Secretary and the Treasurer shall sign all cheques of the Branch.
3. The Vice Chairman shall deputise for the Chairman during the latter’s absence.
4. The Secretary shall conduct he business of the Branch in accordance with the clauses of the Union and shall carry out the instructions of the General meeting and of the Committee. He shall be responsible for conducting all correspondence and keeping all books, members’ register documents and papers except the accounts and financial records. He shall attend all meetings and record the proceedings.
5. The Treasurer shall be responsible for the finances of the Branch. He shall keep accounts of all its financial transactions and shall be responsible for their correctness. He shall, in conjunction with either the Chairman or the Secretary, sign all cheques on behalf of the Branch.
6. The Ordinary Committee members shall assist, when necessary, the above officers in their duties and attend all meetings.

1. All funds accumulated at the Head office of the Branches of the Union shall be common assets of the Union.
2. The Annual Delegates’ Conference shall decide from time to time the percentage of subscription to be held by Branches and shall also decide what types of expenditure shall be paid from the Branches.
3. Every Branch Treasurer shall forward to the Union Treasurer at the National Council the subscriptions received by the Branch less the percentage to be retained as Branch funds.
4. The Branch Treasurer shall also forward to the Union Treasurer at the National Council meeting the statement of income and expenditure of the Branch.
5. All Branch funds shall be deposited in the name of the Branch in a Bank to be approved by the National Council and the account shall be operated jointly by the Branch Chairman, the Branch Secretary and the Branch Treasurer. The Branch Treasurer may hold a petty cash advance of not exceeding RM1000.00 at any one time. No expenditure exceeding RM5000.00 shall be incurred at any one time. The Branch Chairman, the Branch Secretary and the Branch Treasurer shall approve any expenditure below RM5000.00 at any one time. Expenditure exceeding RM10,000.00 shall be approved by the General Meeting.
6. All monies, books and other property held by the Branch, which is dissolved, shall be sent without delay by the Branch Secretary to the General Secretary together with a Statement of Accounts as stated in paragraph 4 and 6 of Clause 14.
7. Notwithstanding anything contained in Clause 17 and 18, all cheques and withdrawal notices of the Branch account may be signed by the Treasurer and either the Chairman or the Secretary. In the absence of the Secretary or the Treasurer, the Branch committee shall appoint one of its members to sign in his place.

1. Where no special provision has been made in the Clauses for nay matter relating to the management of the affairs of the Branches of the union, the relevant Clause relating to the management of the Headquarter’s organisation (the Union) is applicable.
2. The Delegates Conference and the National Council may give instructions to the General Meeting or Committee of any Branch regarding the management of its affairs.

1. These Clauses may not be altered or amended except by resolution of a Delegates Conference passed by a two-thirds majority. Such alterations or
amendments shall be sent to the Registrar of Societies within a period of 60 days from the date of such decision to alter or amend the Clauses of the General Meeting.

“The Union” shall mean the Persatuan Sikh Malaysia (Malaysian Sikh Union)
“Council” refers to the National Council
“Voting members” shall mean individual members who are not in arrears of subscription and shall include Life members.

1. No University or University College student may become a member of the union without prior written approval of the Vice Chancellor.
2. Gambling of any kind and the playing of paikow or mahjong, whether for stakes or not, is forbidden on the Union premises.
3. The introduction of material for gambling or drug taking and of bad characters into the premises is prohibited.
4. The fund of the Union shall not be used to pay fines of members who have been convicted in Court.
5. The Union shall not attempt to restrict or in any other manner interfere with trade practices or engage in any trade as defined by the Trade Union Ordinance 1959.
6. The Union shall not hold any lottery, whether confined to members or not, in the name of the Union or its office bearers or committee members without the prior approval of the appropriate authority concerned.

1. FLAG
Description: White background with yellow khanda (Lambang Sikh)
White: Purity
Yellow: Traditional Sikh colour
Khanda: Symbolises freedom and authority governed by moral and spiritual values
2. SYMBOL
Description: Yellow khanda (Lambang Sikh) with year of formation
15
Yellow: Traditional Sikh colour
Khanda: Symbolises freedom and authority governed by moral and spiritual values
3. BADGE
Description: Yellow khanda (Lambang Sikh) with year of formation
Yellow: Traditional Sikh colour
Khanda: Symbolises freedom and authority governed by moral and spiritual values

1. Bendera

Keterangan

2. Lambang

Keterangan

3. Lencana

Keterangan