The Constitution

RULES AND CONSTITUTION OF THE SABAH FLYING CLUB

RULE 1:  NAME, POSTAL ADDRESS & PLACE OF MEETING

1.1  The name of the club is KELAB PENERBANGAN SABAH ‘atau dalam Bahasa Inggeris ialah’ SABAH FLYING CLUB.

1.2  Its registered address which will house the Club’s office and place of meeting shall be at Sabah Flying Club, Old Airport Terminal, International Airport, 88100 Kota Kinabalu, Sabah, Malaysia or at such times as may from time to time be decided by the General Committee and its postal address shall be P.O. Box 10747, 88808 Kota Kinabalu, Sabah. The registered address and postal address shall not be changed without the prior approval of the Registrar of Societies.

1.3  Its auxiliary address where the Club’s facilities will be housed shall be at Lot 1 & 2, Blok A, Jalan Ikan Juara 1, Sadong Jaya, 88300 Kota Kinabalu, Sabah, Malaysia.

RULE 2: EMBLEM

2.1  The emblem of the club shall be a representation of Mt. Kinabalu in the upper half, the sea in the lower half contained within a circular representation of buckled belt bearing the words SABAH FLYING CLUB in upper case letters in the upper third segment and the whole overlaid by a representation of a pair of feathered wings spread.

RULE 3: INTERPRETATION

3.1  In these rules, unless there is something in the subject or context inconsistent therewith the following interpretation shall be understood:

a)      “The Club” shall mean the Sabah Flying Club.

b)      “The Committee” shall mean those member elected/ appointed in accordance with Rule 10.

c)      “In writing” shall mean writing or printed or partly written and partly printed or typed.

d)     “Month” shall mean calendar month.

e)      “Year” shall mean calendar year.

f)       “Government” shall mean State Government of Sabah

g)      Words importing the singular number shall also include the plural number and vice-versa.

h)      Words importing the masculine gender shall include the female gender.

i)        The Committee is the sole authority for the interpretation of these Rules and its By-laws and the decision of the Committee made thereon shall be final and binding on all matter until and unless reversed by a General Meeting.

RULE 4: AIMS AND OBJECTS

4.1  The objects for which the Club is established are:

4.1.1.  To encourage the study and practice of flying as a science or pastime or for utility

4.1.2.  To provide and maintain in Sabah, Club houses, aircraft, hangars, workshops, flying fields and other conveniences for the members of the Club and to provide restaurant facilities on the Club’s premises open to the general public.

4.1.3.  To own, let on hire, aircraft for the members of the Club.

4.1.4.  To do such other things as may be incidental or conducive to the attainment of the above objects.

RULE 5: PATRON

5.1. The committee may invite any person who has rendered distinguished service to the cause of aviation or to the development of Malaysia to become Patron of the Club.

RULE 6: MEMBERSHIP

6.1. Membership shall be unlimited and shall be open to Malaysian citizen and persons ordinarily resident in Sabah without restriction regarding sex, race, religion or nationality provided that any person who may be admitted to membership shall have attained the age of seventeen years, except that no university or university college student shall be admitted as a member without the prior written approval of the Vice Chancellor concerned.

6.2. Membership of the Club shall be in one of the following categories:

6.2.1.      Full Members (as defined in Rules 7.1, 7.2 and 9.1).

6.2.2.      Social Members (as defined in Rules 7.2, 7.4 and 9.5).

6.2.3.      Visiting Members (as defined in Rules 7.6).

6.2.4.      Honorary Members (as defined in Rule 6.14).

6.2.5.      Life Members (as defined in Rule 6.15).

6.2.6.      Members under rules 6.2.1, 6.2.2, and 6.2.4 are categorized as Resident Members. A Resident Member is a member ordinarily resident in the State of Sabah.

6.3.  Every application for membership shall be proposed by one and seconder by another Full Member of the club, to both of whom he shall be personally known and both of whom, shall have been members for not less than six months.

6.4.  Every application for membership shall be made in writing, signed by the applicant and by his proposer and seconder and addressed to the Secretary of the Club.

6.5.  The application for membership shall be posted on the Club Notice Board for a period of not less than one month prior to election. Any applicant may use the Club pending his election provided that he has not previously ceased to be a member under Rule 8.1. this privilege may be withheld by the Committee at its discretion. An applicant permitted to use the Club under this Rule shall pay in advance the subscription as laid down for the category of membership for which he is applying.

6.6.  At the first convenient opportunity and after the elapse of not less than one month the Secretary shall submit the application for membership to the committee for approval. Members shall be elected by the Committee by a majority of votes and such election shall be by ballot or such other means as the Committee may decide. The Committee may at its discretion reject any application without assigning a reason therefore.

6.7.  An applicant prior to election shall have the right to enjoy all the privileges of the category of membership for which he is applying except those of voting at any General Meeting and of introducing guests to the Club.

6.8.  The proposer and the Seconder of an applicant for election shall be jointly and severally responsible for any debt to the Club incurred by the applicant prior to his election as a Member.

6.9.  An applicant whose application for membership has been rejected shall not be eligible for reapplication until a period of six months has elapsed from the date when he was rejected.

6.10.  When an applicant is elected to membership the Secretary shall notify him thereof in writing and shall, at the same time furnish him a with copy of the Rules and By-law of the Club and request him to pay the amount due in respect of the entrance fee and monthly subscription. The committee may, at its discretion, waive the payment of entrance fee in the case of reelection to membership of persons who have resigned from membership of the club.

6.11.  Upon payment of his entrance fee and first subscription an elected applicant shall become a member of the Club provided that if such payment is not made within one calendar month of the date of election the Committee may, at its discretion, cancel such election.

6.12.  Subject to the provision of these Rules and any By-laws all members shall be entitled at times to use in common all the premises and property of the club and to be supplied at such charges as the Committee shall determine with meals, refreshment, liquors and things as are provided by the club for the use of the members.

6.13.  Every Full Member of the Club shall be entitled to attend and vote at every General Meeting of the Club provided that such Member does not owe the Club a sum exceeding RM 50.00 and provided that a decision or resolution is not rendered invalid merely because one or more members have voted in breach of the foregoing proviso.

6.14.  The Committee may invite any person to become an Honorary Member. Honorary Members shall pay no entrance fee or subscription but shall be entitled to all the privileges of Full Members save that they shall not be entitled to hold office or to vote at General Meetings.

6.15.  The Committee may invite any person to become a Life Member. Life Members shall pay no entrance fee or subscription but shall be entitled to all the privileges of Full Members save that they shall not be entitled to hold office or to vote at General Meetings.

6.16.  The Committee may invite pilots of recognized flying clubs and commercial services and members of any Commonwealth country’s Forces to use the facilities of the Club on whatever terms and conditions they may consider equitable.

6.17.  A member may introduce a guest to the Club in accordance with the By-laws in force at the time.

RULE 7: ENTRANCE FEE, SUBSCRIPTIONS AND OTHER DUES

7.1.  The entrance fee for a Full Member shall be RM 50.00 except that in the case of Malaysian citizen under the age of twenty-five years shall be RM25.00.

7.2.  The entrance fee for a Social Member shall be RM 25.00.

7.3.  Full Members resident within 20 miles of Kota Kinabalu shall pay a monthly subscription of RM7.50. Other Full Members shall pay a monthly subscription of RM 2.50.

7.4.  The spouse of a Full and Honorary Member shall be entitled to the privileges of a Social Member without payment of entrance or subscription.

7.5.  The committee shall have power to vary or remit the subscription of a member for any period of not less than one full calendar month during which the member is absent from Sabah.

7.6.  Active members of any other flying club in Malaysia or any other country whose constitution reciprocates this concession shall be classified as Visiting Members and shall be entitled to use the Club and the Club aeroplanes on not more than three days in any one month without payment of the subscription but shall be requested to pay an entrance fee of RM10.00 on each occasion.

7.7.  All members shall keep their accounts in credit.

RULE 8: CONDUCT OF MEMBERS

8.1.  If at any time the Committee is of the opinion that the conduct of any Member is injurious to the character or interests of the Club it may invite such a member to resign and suspend him from flying the Club’s aircraft and if he does not resign within 7 days the Committee may suspend his membership or expel him from membership of the Club.

8.2.  The Member suspended or expelled from membership may appeal to a General Meeting and the decision of three fourths of the members present and voting at the meeting confirming or reversing the decision of the Committee shall be final and conclusive.

8.3.  Any person expelled from the Club shall forfeit all rights in the Club, its property and its funds and shall not be eligible to again become a member.

8.4.  The Committee may at any time withdraw the privileges of the Club from any guest.

8.5.  No person who has been expelled from the Club or whose application for membership has been rejected or from whom the privileges of the Club have been withdrawn may be introduced into the Club.

RULE 9: FLYING

9.1.  Subject to Rule 9.2 and subject to the Club’s By-laws regulating flying, aircraft of the Club may be piloted only by Full Members qualified under Rule 9.2 or especially authorised by the Committee.

9.2.  No member may pilot any aircraft belonging to the Club unless and until he has taken a check flight or as authorized by the Chief Flying Instructor or an Instructor appointed by him and has signed a form indemnifying the club in respect of any liability for damages claimed by him in the event of death or injury or damage to a third party.

9.3.  The Chief Flying Instructor or Instructor appointed by him may restrict the member in the type of flying or may prohibit him from flying.

9.4.  Payment for any and all flights shall be made at the current rate as laid down by the Committee.

9.5.  Every Social Member of the Club shall be entitled to use the Club facilities but may not use the Club’s aircraft on a charge basis but they may fly in the Club’s aircraft as passengers subject to having signed a form indemnifying the Club in respect of any liability for damages claimed by him in the event of death or injury or damage to a third party.

9.6.  A guest of a Member may fly in any of the Club’s aircraft subject to him having signed a form indemnifying the Club in respect of any liability for damages claimed by him in the event of death or injury or damage to a third party.

9.7.  A child under the age of seventeen and being a son or daughter of a member may fly as a passenger in the Club’s aircraft at any time subject to written consent having been given by the member.

9.8.  Club’s aircraft may only be used by a Full Member or by authorised active members of associated clubs having privileges under Rules 7.6 and may not used for any purpose by any member which could be construed as “for hire or reward” as laid down in the appropriate Air Navigation Regulations.

RULE 10: MANAGEMENT

10.1.  The Club shall be managed by a Committee consisting of a President, Vice President, a Secretary, Treasurer and 5 ordinary members all of whom shall be elected annually at an Annual General Meeting.

10.2.  Nomination by proposers and seconders in respect of all candidates for office must reach the Secretary at least four days before the Annual General Meeting and shall be displayed on the Club Notice Board.

10.3.  Members who have not been so nominated shall not be eligible for election to office.

10.4.  A ballot shall be taken whenever necessary.

10.5.  One half of the Committee Members shall form a quorum at a Committee Meeting provided that one must either be the President, or Vice President, or Secretary or Treasurer. If a quorum is not present, the meeting may be postponed.

10.6.  The Chief Flying Instructor shall be an ex-officio member of the Committee with no voting rights.

10.7.  At all Committee Meetings the President or Vice President shall take the chair or in their absence the Committee shall elect a Chairman.

10.8.  The Committee shall have the power to fill any vacancy on the Committee between Annual General Meetings.

10.9.  The Committee shall have the power to appoint any of its members to head and form any sub-committee and to delegate to such sub-committee any of its duties or power. A sub-committee may co-opt other members of the Club as members of such Sub-committee.

10.10.  The Committee under direction of a General Meeting shall have full control over the property and funds and any other business of the Club.

10.11.  Any member of the Committee absenting himself from three consecutive meetings without explanation satisfactory to the Committee, shall, ipso facto, cease to be a member thereof.

10.12.  A meeting of the Committee shall take place not less than once a quarter. A notice in writing stating the time and place of the meeting, together with an agenda shall be circulated by the Secretary to all members of the Committee not less than 7 days before the meeting.

10.13.  The Committee shall exercise all such power and do all such things as may be exercised or done by the Club save such as are these Rules required to be exercised or done by the Club in General Meeting.

10.14.  Subject to a resolution passed by a majority of members at a General Meeting or an extraordinary General Meeting the Committee may raise or borrow for the purposes of the Club such sums of money as it may think proper and it may raise or secure the payment of such monies in such manner and upon such terms and conditions in all respects as it thinks fit.

RULE 10A: DUTIES OF OFFICE BEARERS

10.A.1.  The President shall during his term of office preside at all Annual General Meetings, Extraordinary General Meetings and Committee Meetings and shall be responsible for the proper conduct of all such meetings. He shall have a casting vote and shall sign the minutes of each meeting at the time they are approved. In the absence of the President, the Vice President shall chair the meeting who shall have the same power as aforesaid for that meeting.

10.A.2.  The Secretary shall conduct the business of the Club in accordance with these Rules and the instructions of the General Meeting and Committee. He shall be responsible for conducting all correspondence and keeping all books including a Register of Members containing their personal particulars, documents and papers except the accounts and financial records. He shall attend all meetings and record the proceedings.

10.A.3.  The treasurer shall be responsible for the finances of the Club. He shall keep subscription books and other books of accounts of all financial transaction of the Club and shall be responsible for their correctness and shall submit quarterly reports on the financial position of the Club to the Committee and audited accounts to the Annual General Meeting.

10.A.4.  The other Committee Members shall attend meetings and generally help the above office bearers when required.

RULE 10B: FINANCIAL PROVISIONS

10.B.1.  The financial year of the Club shall end on the 31st December of each year.

10.B.2. The funds of the Club may be expended for any purpose necessary for the carrying out its objects, including the payment of salaries and remuneration for services rendered, and for any purpose beneficial to the Club, but no portion thereof shall be paid by way of dividends, bonus or profit to any member of the Club.

10.B.3.  The Treasurer may hold a petty cash advance not exceeding RM 3,000  at any one time, and all monies exceeding that sum shall be deposited in the name of the Club in a bank to be approved by the Committee.

10.B.4.  All cheques or withdrawal notices on the Club’s account shall be signed by two of the club’s four authorised signatories, one of whom, on all possible occasions shall be the Treasurer.

10.B.5.  As soon as possible after the end of the financial year the Treasurer shall prepare a statement of income and expenditure and a balance sheet for the year which shall be audited by auditor or auditor appointed under Rule 13. The auditor or auditors shall submit his or their report thereon to the Committee, and such statement, balance sheet and report shall immediately on receipt be circulated to all Full Members of the Club together with any comments or explanation the Committee may wish to make.

10.B.6.  The Committee shall be empowered to authorised expenditure from the funds of the Club subject to limitation imposed by a General Meeting.

RULE 12: EXECUTIVE MANAGEMENT

12. 1.  The committee may appoint such person as may be essential for the administration and efficient running of the Club, and may fix the remuneration, if  any, to be paid to any person so appointed, and may terminate any such appointment. The duties, functions and responsibilities of such appointees shall be laid down in By-laws of the Club.

12. 2.  There shall be a Chief Flying Instructor who shall be responsible to the Committee for the operation of the Club’s aircraft, the organisation and operations of the Club’s flying and technical training programme and the maintenance and enforcement of standards and discipline in all matters concerning this programme and the operation of the Club’s aircraft. He shall also be responsible for ensuring that the Club complies with all Statutory Manuals, records and other documents required by the Club for these purposes.

12. 3.  On the advice and recommendation of the Chief Flying Instructor the Committee may appoint Flying Instructors and Assistant Flying Instructor and may fix the remuneration, if any, to be paid to such persons and may terminate any such appointment.

RULE 13: MEETINGS

13. 1.  An Annual General Meeting of the Club shall be held not later than the end of March of each year upon a date and at a time to be fixed for the following purposes:

a)  To confirm the minutes of the last Annual General Meeting and of any Extraordinary General Meeting and of Extraordinary General Meeting held during proceeding year.

b)  To receive a report from the President for the preceding year.

c)  To Receive and if approved, to pass the audited statement of accounts and balance sheet for the preceding financial year.

d)  To elect the member of the Committee.

e)  To appoint an auditor or auditors who shall not be members of the Committee.

f)  To transact any other business of which due notice shall have been given provided in Rule 13.6.

13. 2.  Extraordinary General Meeting shall be called on the application of not less than 10 Full Members provided that notice in writing shall be given to the Secretary setting forth the business that is to be transacted. The Committee may at time call an Extraordinary General Meeting.

13. 3.  The supreme authority of the Club is vested in a General Meeting of the members. At any General Meeting half the number of Full Members or twice the number of Committee Members whichever is the lesser shall form a quorum.

13. 4.  A notice in writing stating the time, place and object of any General Meeting shall be circulated to Full Members not less than 10 days before the Meeting and shall be posted in the Club House not less than seven clear days before such a meeting is to be held. At such meetings the President shall take the chair or in his absence the Committee shall nominee a Chairman. In all cases the Chairman shall have a casting vote.

13. 5.  The accidental omission to give any such notice to any member shall not invalidate any resolution passed at any such meeting provided the notice shall have been posted on the Club Notice Board as provided in Rule 13.4.

13. 6.  No motion shall be brought forward at any General Meeting unless the terms thereof shall have been notified to the Secretary not less than 10 days before the Meeting and posted on the Notice Board by the Secretary in accordance with Rule 13.4.

13. 7.  If half an hour after the time appointed for the General Meeting a quorum is not present, the meeting shall be postponed to a date (not exceeding 14 days) to be decided by the Committee; and if appointed for the postponed meeting, the members present shall have power to proceed with business of the day but they shall not have power to alter the Rules of the Club nor to raise or borrow money nor to make decisions affecting the whole membership.

RULE 14: BY-LAWS

14. 1.  For all purposes not provided for in these Rules the Committee shall have the power to frame, rescind or alter By-laws which are not inconsistent with the objectives of the Club. Notices of such By-laws and any rescission or alteration thereof shall be posted on the Notice Board of the Club House, and upon such posting shall become binding on all members provided that 10 Full Members may within one month from such posting by notice in writing to the Secretary require an Extraordinary General Meeting to be held for the purpose of considering or revoking the same.

RULE 15: ABSENT MEMBERS

15. 1.  Any member on leaving the State of Sabah, may, upon written request to the Secretary, have his name placed on the Absent Members list. An absent member shall not be liable to pay any subscription.

15. 2.  Any member whose name has been on the list of Absent Members for a period of two years continuously shall cease to be a member.

15. 3.  Any person who has ceased to be a member by reason of absence shall entitled to rejoin the Club without election on payment of a fee of RM 10.00. The Club by Resolution in a General Committee Meeting may from time to time vary the foregoing fee.

RULE 16: MEMBERS ACCOUNT

16. 1.  The accounts of members shall be made up at the end of every month and shall become due and payable, whether presented or not, on the 10th day of the ensuing month. Provided that the Committee may at any time call upon any member to pay forthwith the amount of his accounts to date.

16. 2.  If any member shall fail to pay moneys due by him to the Club before the expiration of one calendar month from the date when the same become due, or if called upon to pay the same within 7 days after the receipt of a notice requiring payment, the Committee may cause the name of such member to be posted in the Club House Notice Board as a Defaulter. Upon such posting and until payment in full of such moneys or such account has been made, the defaulter shall be suspended from all privileges of membership.

16. 3.  If such moneys or such account remain unpaid at the expiration of 28 days after such posting, the Defaulter shall, ipso facto, cease to be a member of the Club.

16. 4.  The Committee may, at this discretion, require some or all members to keep their accounts in credit in respect of some or all facilities offered by the Club. When this order is in force no member whose account is not so in credit shall be entitled to make use of the facilities concerned except with the permission of the Committee or Officers of the Club authorised by the Committee.

RULE 17:

17. 1.  A person who has ceased to be a member of the Club under Rule 16.3 may at the discretion of the Committee be re-instated after payment of all moneys due by him to the Club, if he furnishes an explanation satisfactory to the Committee of the delay in making such payment.

RULE 18: GENERAL

18. 1.  A notice or any other document may be served by the Club upon any member either personally or by sending it through the post in a prepaid letter addressed to such member at his registered address as appearing in the Register of Members, or at his last known address if there be no such registered address.

18. 2.  Any notice or any document if sent by post shall be deemed to have been served or delivered at the time when the letter containing the same is put into the post and in proving such service or sending it shall be sufficient to prove that the letter containing the notice or document was properly addressed and put into the post as a prepaid letter.

18. 3.  No new rule, alteration or cancellation of existing rule may be made except by Resolution of the Sabah Flying Club in General Meeting and such new, altered or cancelled rule shall not come into force without the sanction from the Registrar of Societies.

18. 4.  The Club shall not hold any lottery or games of more chance, whether confirmed to its member or not, in the name of the Club or its office-bearers, committee or members, unless a licence is obtained from the appropriate authorities.

RULE 19: DISSOLUTION

If at any General Meeting, a resolution for the dissolution of the Club shall be passed by a majority of the Full Member present and such resolution shall at an Extraordinary General Meeting held not less than one month thereafter at which not less than one half of the Full Members shall be present be confirmed by a resolution passed by a majority of two-thirds of the members voting thereon, the Committee shall thereupon notify the registrar of Societies of the intent to dissolve the Club. The committee may thereupon, or on such future date as shall be specified in such resolution, proceed to realise the property of the Club and after the discharge of all liabilities shall divide the same equally among all the Full Members.
APPROVED AND ADOPTED BY THE SABAH FLYING CLUB COMMITTEE BY A RESOLUTION PASSED AT AN ANNUAL GENERAL MEETING ON THE 3RD OF FEBRUARY, 1979.

AMENDED & UPDATED 25 OCTOBER 2012.

SABAH FLYING CLUB

RULE 2 – EMBLEM

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