Constitution and Regulations

Constitution and Regulations

Constitution and Regulations

1. NAME OF THE ORGANISATION

1.1. This association shall be known as PERSEKUTUAN KEBAJIKAN ISLAM TELOK KURAU, SINGAPURA [hereinafter referred to as “Persekutuan”]

2. ADDRESS OF THE PERSEKUTUAN

2.1. The registered address and place of business of the Persekutuan shall be at No: 18, Jalan Masjid #02-05 Kembangan Plaza, Singapore 418944 or such other address as may subsequently be decided upon by the Committee as hereinafter identified.

2.2. The Persekutuan shall carry out its activities only in places and premises approved by the relevant authorities or where such approval is not required, as the Committee shall decide and approve from time to time.

3. COLOURS OF THE PERSEKUTUAN

3.1. The Persekutuan colours are green (#3D833F), white (#FFFFFF), black (#000000) and yellow (#FCE746).

4. LANGUAGES OF THE PERSEKUTUAN

4.1. The official languages of the Persekutuan are Malay and English.

5. ADOPTION OF THE CONSTITUTION

5.1. The Persekutuan and its property shall be administered and managed in accordance with this constitution [hereinafter referred to as “the Constitution”].

5.2. Except where prohibited by law, the provisions of this Constitution or any amendments thereto may have retrospective effect if explicitly stated or if deemed necessary by the Committee as hereinafter described to protect or further the objects and purposes of the Persekutuan and hereinafter described.

5.3. No retrospective provisions in this Constitution shall:

5.3.1. Contravene any statutory law or public policy that prohibits retroactive changes to legal rights or obligations;

5.3.2. Negatively affect any vested rights or interests of individuals or entities without due process and clear communication.

5.3.3. Be used to justify any act of mismanagement, misconduct, or breach of duty by any member of the Persekutuan or any member of the Committee as hereinafter described or any person or body appointed in accordance with this Constitution.

5.3.4. Shall invalidate any prior act of the Committee and Trustees as hereinafter set out.

5.4. In case of conflict or ambiguity, the provisions of this Constitution shall be interpreted or construed in a manner that best promotes and upholds the objectives and purposes of the Persekutuan as hereinafter described.

6. OBJECTS AND PURPOSES OF THE PERSEKUTUAN

6.1. At all times the objects and purposes of the Persekutuan and hereinafter appearing shall be carried out and undertaken in accordance with this Constitution.

6.1.1. Provide funeral services to Muslims in accordance with Muslim Law.

6.1.2. Provide affordable funeral services to Muslims individuals or Muslims families whether in financial need or not.

6.1.3. Provide low-cost funeral options while maintaining respect and dignity for the deceased and their families.

6.1.4. Offer emotional and practical support to families grieving the loss of a loved one.

6.1.5. Provide counselling, guidance, and assistance with funeral arrangements, including paperwork and legal requirements.

6.1.6. Collaborate with local authorities and health institutions in carrying out its objects and purposes.

6.1.7. Provide grants or financial aid to families unable to afford basic funeral services.

6.1.8. Raise awareness within the community about the availability of affordable funeral services, ensuring that those in need are aware of the Persekutuan’s support.

6.1.9. Collect fees from members to pay death benefits to members and their dependents in the event of death.

6.1.10. Organise memorial services or community events to honour the memory of individuals, particularly those who may not have close family or friends to arrange a funeral.

6.1.11. Offer annual or periodic commemorative services for individuals whose funerals were arranged by the Persekutuan, providing a space for families and communities to gather and remember their loved ones.

6.1.12. To hold a Maulud Celebration for Prophet Muhammad SAW.

6.1.13. To give Bursaries or scholarships to members’ children.

6.1.14. Organise social events for members and their immediate families.

6.2. No gambling, lottery or consumption of intoxicating substances or any illegal activities or any activity in the reasonable opinion of the Committee contravenes the principle of Islam or offends the sensitivities of Muslims can be held in its premises.

6.3. The Persekutuan cannot in any way participate in any political movement or Trade Union or any other movements in the reasonable opinion of the Committee contravenes the principle of Islam or offends the sensitivities of Muslims or contravenes the objects and purposes of the Persekutuan.

7. APPLICATION OF INCOME AND PROPERTY

7.1. The income and property of the Persekutuan shall be applied solely towards the promotion of its objects and purposes.

7.2. The Committee and Trustees as all hereinafter identified are entitled to be reimbursed from the income of the Persekutuan or may receive payment out of such income, all reasonable expenses properly incurred by them when acting on behalf of the Persekutuan.

7.3. None of the income or property of the Persekutuan may be paid or transferred directly or indirectly by way of dividend bonus or otherwise by way of profit to any member of the Persekutuan. This does not prevent a member who is not also a Committee-member or a Trustee from receiving reasonable and proper remuneration for any goods or services supplied to the Persekutuan.

7.4. None of the income or funds shall be used for the purposes other than towards the objects and purposes of the Persekutuan and in accordance with this Constitution.

8. BENEFITS AND PAYMENTS TO COMMITTEE-MEMBERS AND TRUSTEES AND CONNECTED PERSONS

8.1. In this Constitution ‘connected person’ means:

8.1.1. a child, parent, grandchild, grandparent, brother or sister of the Committee-member or Trustee;

8.1.2. the spouse of the Committee-member or Trustee or of any person falling within sub-clause 8.1.1above;

8.1.3. a person carrying on business in partnership with the Committee-member or Trustee or with any person falling within sub-clause 8.1.1 or 8.1.2 above;

8.1.4. an institution or establishment which is controlled –

8.1.4.1. by the Committee-member or Trustee or any connected person falling within sub-clause 8.1.1, 8.1.2 or 8.1.3 above;

8.1.4.2. by two or more persons falling within sub-clause 8.1.4.1, when taken together.

8.2. In this Constitution, a ‘financial benefit’ means a benefit, direct or indirect, which is either money or has a monetary value.

8.3. No Committee-member or Trustee or connected person may:

8.3.1. buy or receive any goods or services from the Persekutuan on terms preferential to those applicable to members of the public;

8.3.2. sell goods, services or any interest in land to the Persekutuan;

8.3.3. be employed by, or receive any remuneration from the Persekutuan,

8.3.4. receive any other financial benefit from the Persekutuan;

8.3.4.1. unless the payment or financial benefit is permitted by sub-clause 8.4 of this clause, or authorised by the Committee in accordance with this Constitution.

8.4. The amount of the remuneration or financial benefit:-

8.4.1. is set out in an agreement in writing between the Committee and the person receiving the remuneration or the financial benefit [hereinafter referred to as “the Party” and includes individual, corporation, business, trust, estate, partnership, limited liability company, association, or any other legal or commercial entity] under which the Party is to provide the goods or services, or goods and services in question to or on behalf of the Persekutuan, and

8.4.2. does not exceed what is reasonable in the opinion of the Committee for the provision by the said Party of the goods or services, or goods and services in question.

8.4.3. Before entering into that agreement, the Committee decided that they were satisfied that it would be in the best interests of the Persekutuan for the goods or services, or goods and services to be provided by the Party to or on behalf of the Persekutuan for the amount or maximum amount of remuneration set out in the agreement.

9. MEMBERS

9.1. Membership of the Persekutuan is open to all Muslims aged from 21 years and who are Singapore Citizens or Singapore Permanent Resident (PR) and as approved by the Committee.

9.2. Applications to become members of the Persekutuan must be submitted to the Secretary as hereinafter identified, by filling out the prescribed form prepared by the Persekutuan accompanied by payment of the registration fee and the first monthly membership fee in the sums prescribed under this Constitution.

9.3. The Committee may only refuse an application for membership if, acting reasonably, the Committee considers it to be in the best interests of the Persekutuan to refuse the application. In the event of a refusal of an application, the applicant is entitled only to a refund of the first monthly membership fee.

9.4. The Committee must inform the applicant in writing of the reasons for the refusal within twenty-one [21] days of the decision accompanied by a refund to the applicant of the first monthly membership fee.

9.5. The Committee must consider any written representations the applicant may make about the decision. The Committee’s decision following any written representations must be notified to the applicant in writing and shall be final.

9.6. Membership is not transferable to anyone else.

9.7. The Persekutuan must keep a register of names and addresses of the members in accordance with this Constitution.

10. MEMBERSHIP FEE

10.1. Membership fee is $10.00 per month provided always that the Committee, acting reasonably and the Committee considers it to be in the best interests of the Persekutuan, shall be at liberty to change the amount of the membership fee from time to time.

10.2. All monies received by the Persekutuan from its members are the exclusive property of the Persekutuan and cannot be claimed or refunded to a member if the member ceases to be a member in accordance with this Constitution.

11. THE COMMITTEE

11.1. The Persekutuan and its property shall be managed and administered by a committee comprising only of members of the Persekutuan and elected in accordance with this Constitution [individually referred to as “the or a Committee-member” and collectively referred to as “the Committee”].

11.2. The Committee shall have the following officers and appointed in accordance with this Constitution:-

11.2.1. President

11.2.2. Vice President

11.2.3. Secretary

11.2.4. Assistant Secretary

11.2.5. Treasurer

11.2.6. Assistant Treasurer

11.2.7. Eleven members of the Persekutuan.

11.3. No one may be appointed a member of the Committee if he or she would be disqualified from acting under this Constitution.

11.4. A Committee-member may not appoint anyone to act on his or her behalf at meetings of the Committee.

11.5. The Persekutuan in an Annual General Meeting or in an Emergency General Meeting convened in accordance with this Constitution shall elect the officers of the Committee and elect members to replace any Committee-member who ceases to be a Committee-member in accordance with this Constitution.

11.6. Each Committee-member shall retire with effect from the conclusion of the Annual General Meeting next after his or her appointment but shall be eligible for re-election at that Annual General Meeting.

11.7. No-one may be elected a Committee-member at any Annual General Meeting or Emergency General Meeting unless prior to the Annual General Meeting or Emergency General Meeting the Persekutuan is given a notice that:

11.7.1. is signed by a member entitled to vote at the Annual General Meeting or Emergency General Meeting;

11.7.2. states the member’s intention to propose the appointment of a person as a Committee-member;

11.7.3. is signed by the person who is to be proposed to show his or her willingness to be appointed a Committee-member.

12. DUTIES AND POWERS OF COMMITTEE

12.1. The Committee must perform its duties and exercise its powers in accordance with this Constitution.

12.2. The Committee must manage the business of the Persekutuan and the property of the Persekutuan and the Committee shall have the following powers:-

12.2.1. To raise funds; in doing so, the Committee must not undertake any taxable permanent trading activity and must comply with any relevant statutory regulations;

12.2.2. To purchase, take on lease or in exchange, hire or otherwise acquire any property on behalf of the Persekutuan and to maintain and equip it for use of the Persekutuan in any way the Committee deems expedient and necessary to promote the objects and purposes of the Persekutuan and through the trustees appointed in accordance with this Constitution;

12.2.3. To sell, lease or otherwise dispose of all or any part of the property belonging to the Persekutuan and through the trustees appointed in accordance with this Constitution;

12.2.4. To obtain and pay for such goods and services as are necessary for carrying out the work and objects and purposes of the Persekutuan;

12.2.5. To open and operate such bank and other accounts as the Committee consider necessary and to invest funds and to delegate the management of funds in the same manner as the Committee deems expedient to promote and further the objects and purposes of the Persekutuan;

12.2.6. To form a sub-committee to assist the Committee in the discharge of its duties and powers in accordance with this Constitution.

12.2.7. To dismiss or suspend the membership of members for such period as the Committee deems reasonable and who are found to be in violation of this Constitution or the Persekutuan’s rules and bylaws or that in the reasonable opinion of the Committee that it is in the best interests of the Persekutuan that the membership of a member be suspended or terminated [hereinafter referred to as “the offending-member”] provided always that:-

12.2.7.1. The Committee must inform the offending-member in writing of the reasons for the dismissal or suspension and the period of suspension, within twenty-one [21] days of the Committee’s decision to dismiss or suspend.

12.2.7.2. The Committee must consider any written representations the offending-member may make about the decision. The Committee’s decision following any written representations must be notified to the offending member in writing and shall be final.

12.2.7.3. In the event of a dismissal of an offending-member, the offending-member shall not be entitled to a refund of all payments made by the offending-member at the point of the Committee’s decision under clause 12.2.7.2.

12.2.7.4. In the event of a suspension of an offending-member, the offending members must continue to pay all payments required to be made by the offending-member under this Constitution.

12.2.8. To appoint a Patron or Advisor to the Persekutuan who in the opinion of the Committee will further and promote the objects and purposes of the Persekutuan.

12.2.9. To appoint such members of the public as honorary members who in the opinion of the Committee will further and promote the objects and purposes of the Persekutuan and who are exempted from paying membership fees but have the same benefits and privileges as paying members under this Constitution but shall not have any voting rights.

12.3. The Committee may from time to time make rules or bye-laws for the conduct of the Persekutuan’s business and the management of the property of the Persekutuan.

12.4. The bye-laws may regulate the following matters but are not restricted to them:

12.4.1. The admission of members of the Persekutuan and the rights and privileges of such members, and the entrance fees, subscriptions and other fees or payments to be made by members;

12.4.2. The conduct of members of the Persekutuan in relation to one another and in relation to the Committee or any Committee-member, and to the Persekutuan’s employees and volunteers;

12.4.3. The setting aside of the whole or any part or parts of the Persekutuan’s premises at any particular time or times or for any particular purpose or purposes that are not in conflict with the objects and purposes of the Persekutuan or this Constitution;

12.4.4. The procedure at any meeting and any meeting of the Committee in so far as such procedure is not regulated by this Constitution;

12.4.5. Generally, all such matters as are commonly the subject matter of the rules of an unincorporated association.

12.5. The Committee must comply with the obligations under the Mutual Benefit Organisations Act 1960 with regard to:

12.5.1. the keeping of accounting records for the Persekutuan;

12.5.2. the preparation of annual statements of account and annual report for the Persekutuan;

12.5.3. the transmission of the statements of account and annual report to the Registrar of Mutual Benefit Organisations.

12.6. Subject to the restrictions imposed by this Constitution and in so far as such powers and rights and procedure are not provided by this Constitution, the Committee shall be at liberty to undertake all acts and to execute all documents and instruments and to appoint and employ anyone or any body as are expedient for the achievement of the objects and purposes of the Persekutuan and the management of the property of the Persekutuan and for compliance with the rules and regulations and requirements of any authority or statutory body.

12.7. Subject to the restrictions imposed by this Constitution and in so far as such powers and rights and procedure are not provided by this Constitution, the Committee in a Committee-meeting has the rights and power to alter, add to or repeal any rule or bye-law and to authorise the undertaking of all the acts and executions and appointments set out in clause 12.7.

12.8. The Committee must adopt such means as they think sufficient to bring the rules and bye-laws to the notice of members of the Persekutuan.

12.9. The rules or bye-laws and the Committee’s exercise of its powers and rights under clauses 12.6 and 12.7 shall be binding on all members of the Persekutuan.

13. DISQUALIFICATION AND REMOVAL OF COMMITTEE MEMBERS

13.1. A Committee-member shall cease to hold office if he or she:

13.1.1. is dead;

13.1.2. is disqualified from acting as a Committee-member by virtue or any statutory provisions;

13.1.3. ceases to be a member of the Persekutuan;

13.1.4. in the written opinion, given to the Persekutuan, of a registered medical practitioner treating that person, has become physically or mentally incapable of acting as a member of the Committee;

13.1.5. resigns as a Committee-member by notice to the Persekutuan provided that the the notice of resignation will only take effect if at least five Committee-members will remain in the Committee; or

13.1.6. is absent without the permission of the simple majority of the Committee-members from all their meetings held within a period of six consecutive months and the simple majority of the Committee-members resolve that his or her office be vacated.

13.1.7. desires to be discharged from all or any of the duties or powers reposed in or conferred on him or her;

13.1.8. refuses or is unfit to act in the discharge of his or her duties under this Constitution;

13.1.9. is incapable of acting in the discharge of his or her duties under this Constitution;

13.1.10. is removed from holding his or her office or declared to have ceased to be a Committee-member following the Committee’s decision by a simple majority.

14. TRUSTEE

14.1. Three [3] trustees [individually referred to as “Trustee” and collectively referred to as “Trustees”] shall be appointed by the Committee at the Committee-meeting and shall hold office for a period of three [3] years ending the same day and month and time the Trustees were first appointed provided always that the Trustees may be appointed at an Annual General Meeting or an Emergency General Meeting if the Committee decides that it is in the best interest of the Persekutuan and provided always that the Trustee or Trustees so appointed cannot be from or of the same Committee-members.

14.2. The Committee shall appoint a new trustee or trustees in place of the Trustee or Trustees previously appointed in accordance with this Constitution, but subject to the restrictions imposed by this Constitution on the number of trustees and the duties of the trustees where any of the Trustees:-

14.2.1. Is dead

14.2.2. Remains outside Singapore for more than 6 months;

14.2.3. Desires to be discharged from all or any of the duties or powers reposed in or conferred on the Trustee;

14.2.4. refuses or is unfit to act in the discharge of his or her duties under this Constitution;

14.2.5. is incapable of acting in the discharge of his or her duties under this Constitution

14.2.6. The Committee decides that it is in the best interest of the Persekutuan that a new trustee or trustees be appointed in place of the Trustee or Trustees.

14.3. Every new trustee or trustees appointed under this Constitution, either before or after any land or any part of the land or such estate or interest of the Persekutuan becomes vested in the new trustee or trustees, has the same powers and may in all respects act as if the new trustee or trustees had been originally appointed a trustee or trustees under this Constitution in place of the Trustee or Trustees previously appointed.

14.4. In the event where a trustee or trustees having died or having been removed, either before or after this Constitution, the Trustees appointed in accordance with this Constitution and in place of the deceased trustee or trustees or removed trustee or trustees, shall have the power to undertake all actions and execute all documents and instruments to bring about the effective conveyance and vesting of any land or any part of the land or such estate or interest of the Persekutuan held in trust by or held in the name of the deceased trustee or trustees or removed trustee or trustees on trust for the Persekutuan, in the Trustee or Trustees provided always that the Trustees shall only carry out their said authority and power pursuant to a written consent by the Committee.

14.5. The Trustees are entitled to remuneration and reimbursement of expenses in the amount as shall be determined by the Committee in accordance with this Constitution.

14.6. All land or any part of the land or such estate or interest of the Persekutuan, whether existing before or after this Constitution or such as may be purchased or in any way acquired thereafter shall be conveyed and shall vest in the Trustees as joint tenants on trust for the Persekutuan.

14.7. The Trustees shall have the authority and power to enter into, give, execute such agreements, instruments, arrangement, releases, and other things as to them seem expedient and necessary to achieve the acts and purpose set out in clauses 14.3, 14.4 and 14.6 and hereinafter, and to undertake and give effect to the matters and purposes set out therein provided always that the Trustees shall only carry out their said authority and power pursuant to a written consent by the Committee.

14.7.1. Conveyance or vesting or sale of any land or any part of any land or such estate or interest of the Persekutuan;

14.7.2. Accepting any land or any part of the land or such estate or interest of the Persekutuan before the time at which it is made transferable to the Trustees;

14.7.3. Accepting or acquiring any land or any part of a land or such estate or interest for the Persekutuan to hold on trust for the Persekutuan;

14.7.4. Managing and maintaining any land or any part of any land or such estate or interest of the Persekutuan in any way the Trustees deem expedient and necessary subject to the restrictions imposed by this Constitution on duties and powers of the Trustees or in accordance with the written directions of the Committee.

14.7.5. Dealing with any land or any part of the land or such estate or interest of the Persekutuan in accordance with the written directions of the Committee.

14.8. The Trustees or any one of them cannot in any way delegate his or her powers and duties to other person or persons and other member or members of the Persekutuan.

14.9. The Trustees must at all times act jointly in the discharge of their duties under this Constitution.

14.10. A Trustee is only answerable and accountable only for the Trustee’s own acts, receipts, neglects or defaults, and not for those of any other Trustee.

14.11. The Trustees must attend all meetings of the Committee convened under this Constitution.

14.12. The Trustees shall keep and maintain the accounts of and concerning their duties and powers and their dealings under this Constitution and shall present the accounts and shall, for that purpose, produce such vouchers and give such information to the Committee and such further or other information as the Committee shall require from time to time.

15. CONFLICT OF INTERESTS

15.1. Each Committee-member and each Trustee must:

15.1.1. declare the nature and extent of any interest, direct or indirect, which he or she has in a proposed transaction or arrangement with the Persekutuan or in any transaction or arrangement entered into by the Persekutuan which has not been previously declared; and

15.1.2. absent himself or herself from any meetings or discussions of the Committee in which it is possible that a conflict will arise between his or her duty to act solely in the interests of the Persekutuan and any personal interest, including but not limited to any personal financial interest.

15.2. Any Committee-member absenting himself or herself from any discussions in accordance with this clause must not vote or be counted as part of the quorum in any decision of the Committee on the matter.

16. DISPUTES

16.1. If a dispute arises between members of the Persekutuan about the validity or propriety of anything done by the Committee or the Trustees or any Committee-member or any member of the Persekutuan, and the dispute cannot be resolved by agreement, the parties to the dispute must settle the dispute by mediation.

17. PROCEEDINGS OF THE COMMITTEE

17.1. The Committee may regulate its proceedings as it thinks fit, subject to the provisions of this Constitution.

17.2. The Committee shall meet at least once every two months provided always that any Committee-member may call a meeting of the Committee at any time.

17.3. The Secretary or Assistant Secretary as hereinafter described must call a meeting of the Committee if requested to do so by a Committee-member.

17.4. Questions arising or resolutions tabled at a meeting of the Committee must be decided by a simple majority of votes of the Committee-members present in a quorum.

17.5. Each Committee-member present at the quorum shall have one vote but if there is an equality of votes the person who is chairing the meeting shall have a casting vote in addition to any other vote he or she may have.

17.6. No decision may be made by or at the Committee meeting unless a quorum is present at the time the decision is purported to be made.

17.7. The quorum shall be one-third of the total number of the Committee-members.

17.8. The President shall chair meetings of the Committee.

17.9. If the President is unwilling to preside or is not present within ten minutes after the time appointed for the meeting, the simple majority of the Committee-members present may appoint one of their number to chair that meeting.

17.10. No Committee-member may delegate any of his or her powers or functions to any other Committee-member or any member of the Persekutuan.

17.11. All decisions of the Committee shall be valid notwithstanding the participation in any vote of any Committee-member.

17.12. All acts and proceedings of the Committee must be fully and promptly reported to all the Committee-members.

17.13. No resolution or act or decision of the Committee or any Committee-member shall be invalidated by reason of the failure to give notice to any Committee-member or by reason of any procedural defect in the meeting unless it is shown that the failure or defect has materially prejudiced a Committee-member.

18. DUTIES AND POWERS OF THE PRESIDENT

18.1. The President shall chair all meetings subject to the provision of this Constitution.

18.2. The President shall sign the minutes of all meetings submitted to him and in the event the President fails or refuses to sign, the simple majority of the Committee-members present at the meeting or meetings the subject of the minutes shall appoint one of their number to sign the minutes.

18.3. The President and the Treasurer as identified hereinafter shall sign all cheques or documents necessary to withdraw or transact funds for and on behalf of the Persekutuan.

18.4. Where the President fails or refuses to perform his duties or is in any way incapable or unable to perform his duties, and upon a 7 day notice in writing issued to the President by two-third of the total number the Committee-members, the Vice President shall be deemed the President and shall perform all the duties of the President as if the Vice President had originally been appointed the President in place of the President previously appointed.

19. DUTIES OF THE SECRETARY

19.1. The Secretary or in the absence of the Secretary at any meeting of the Committee and in such an event such member of the Committee elected by a simple majority of the members of the Committee present at any meeting, shall:-

19.1.1. keep minutes of all:-

19.1.1.1. appointments of officers and trustees under this Constitution.

19.1.1.2. proceedings at meetings of the Persekutuan and the Committee;

19.1.1.3. the names of the members of the Committee present at the meeting;

19.1.1.4. the decisions made at the Committee-meetings and the reasons for the decisions.

19.1.2. present the minutes for signing in accordance with this Constitution.

19.1.3. provide a member with a copy of the minutes upon request.

19.1.4. draw up and prepare all Persekutuan’s correspondence after consulting with the President.

19.1.5. draw up and prepare the annual report and other Persekutuan’s reports as required by the Committee.

19.1.6. draw up a register of the members and their dependants.

19.1.7. issue notice in accordance with this Constitution.

19.2. Where the Secretary fails or refuses to perform his or her duties or is in any way incapable or unable to perform his or her duties, and upon a 7 day notice in writing issued to the Secretary by two-third of the total number of the Committee-members, the Assistant Secretary shall be deemed the Secretary and shall perform all the duties of the Secretary as if the Assistant Secretary had originally been appointed the Secretary in place of the Secretary previously appointed.

20. DUTIES OF TREASURER

20.1. The Committee shall appoint a Treasurer.

20.2. The Treasurer shall keep cash on hand not exceeding $4,000.00 for death benefit payments and for payment of other Persekutuan’s expenses and money in excess of that shall be deposited by the Treasurer in the bank in the name of the Persekutuan.
20.3. The Treasurer shall receive payment from all Fee Collectors and issue receipts for the money received and pay the death benefit by cheque to members or nominees who have been registered in accordance with this Constitution.
20.4. The Treasurer must send an Annual Financial Statement not later than 31st May every year to the Registrar of Mutual Benefit Organisation, after it has been audited by a Certified External Auditor appointed by the Committee from time to time, and to be presented at the Annual General Meeting or any meeting convened in accordance with this Constitution.
20.5. The Annual Financial Statement should:-
20.5.1. Show separate expenditure of the Persekutuan.
20.5.2. The name, address and approval of the Certified External Auditor, the manner in which he was appointed and his appointing authority.
20.5.3. Accompanied by a copy of the Auditor Report from the Certified External Auditor.
20.6. Where the Treasurer fails or refuses to perform his or her duties or is in any way incapable or unable to perform his or her duties, and upon a 7 day notice in writing issued to the Treasurer by two-third of the total number of the Committee-members, the Assistant Treasurer shall be deemed the Treasurer and shall perform all the duties of the Treasurer as if the Assistant Treasurer had originally been appointed the Treasurer in place of the Treasurer previously appointed.
21. DUTIES OF FEE COLLECTOR
21.1. The Committee shall appoint a fee collector [hereinafter referred to as “Fee Collector”].
21.2. The Fee Collector must endeavour to collect membership monthly fees and other money payable by the members of the Persekutuan every month and submit an account of his collection to the Treasurer at least once a week.
21.3. The Fee Collector shall notify the Treasurer of any member who has failed or refused to pay his or her membership fees for more than three months.
21.4. The Fee Collector must keep a register of the members he is responsible for collecting fees from in the form prescribed by the Committee.
21.5. Fee collectors who are sick or are incapable of discharging his or her duties should notify the Treasurer or the Assistant Treasurer.
21.6. Each Fee Collector shall be given a Fee Collector appointment letter in the form prescribed by the Committee and signed by the President and Treasurer as well as the signature of the Fee Collector himself or herself. The Fee Collector shall present his appointment letter when collecting fees from members.
22. CESSATION OF OF MEMBERSHIP
22.1. In addition to the provisions of this Constitution, a member of the Persekutuan shall cease to be a member when:-
22.1.1. the member dies;
22.1.2. the member resigns by written notice to the Persekutuan unless, after the resignation, there would be less than two members;
22.1.3. any sum due from the member to the Persekutuan is not paid in full within three [3] months of it falling due;
22.1.4. the member is dismissed in accordance with this Constitution.
22.1.5. the member renounces his Singapore Citizenship or Singapore Permanent Residence.
23. ANNUAL GENERAL MEETING (AGM)
23.1. The annual general meeting shall be held no later than the 31st of December of every year [hereinafter referred to as “Annual General Meeting”].
23.2. All general meetings other than Annual General Meetings shall be called emergency general meetings [hereinafter referred to as “Emergency General Meeting].
23.3. The Committee may call an Emergency General Meeting at any time.
23.4. The Committee must call an Emergency General Meeting if requested to do so in writing by at least ten [10] members of the Persekutuan. The request must state the nature of the business that is to be discussed. If the Committee fails to hold an Emergency General Meeting within twenty-eight days of the request, the members may proceed to call an Emergency General Meeting but in doing so they must comply with the provisions of this Constitution.
23.5. Each member must maintain peace and order during any meeting held in accordance with this Constitution and not engage in behaviour that brings disrepute and disharmony to the meeting or any member present.
23.6. Every member who wants to leave a meeting or to address or present in a meeting must obtain permission from the Chairman. If permission is refused the member should remain seated.
23.7. Any member who wishes to table any motion in an Annual General Meeting must submit his or her motion in writing and within a period of 30 days before the day of the Annual General Meeting; the member and any other member who support his or her motion must be present at the Annual General Meeting before his or her motion is presented for discussion and voting at the Annual General Meeting.
23.8. In any Annual General Meeting or any Emergency General Meeting each member shall speak only once and for no more than 5 minutes on a matter and may not speak again on that matter.
23.9. Each member must address his speech with the words “Mr. Chairman” and to other members with the words “Sir or Madam” and must always speak politely and clearly.
23.10. The Committee has the right to reject any matter at an Annual General Meeting or an Emergency General Meeting that is not raised or presented in accordance with this Constitution.
23.11. The Chairman has the authority to direct that a member leaves any meeting held in accordance with this Constitution by reason of the member’s infringement of this Constitution.
23.12. Each member present in an Annual General Meeting or Emergency Meeting shall have one vote but if there is an equality of votes the person who is chairing the meeting shall have a casting vote in addition to any other vote he or she may have.
24. NOTICE
24.1. The minimum period of notice required to hold an Annual General Meeting or an Emergency General Meeting is fourteen clear days from the date on which the notice is deemed to have been given.
24.2. The notice must specify the nature of the Annual General Meeting or the Emergency General Meeting, i.e. Annual General Meeting or an Emergency General Meeting, the date, time and place of the meeting and the general nature of the business to be transacted.
24.3. The notice must be given to all the members.
25. GENERAL NOTICE
25.1. Any notice required by this Constitution to be given to or by any member must be:
25.1.1. in writing; or
25.1.2. given using electronic communications.
25.2. The Committee may give any notice to a member either:
25.2.1. personally;
25.2.2. by sending it by post in a prepaid envelope addressed to the member at his or her last known address;
25.2.3. by leaving it at the address of the member; or
25.2.4. by giving it using electronic communications to the member’s social media account;
25.2.5. A member who does not register an address with the Persekutuan or who registers only a postal address that is not within Singapore shall not be entitled to receive any notice from the Persekutuan.
25.2.6. A member present in person at any meeting of the Persekutuan shall be deemed to have received notice of the meeting and of the purposes for which it was called.
25.2.7. Proof that an envelope containing a notice was properly addressed, prepaid and posted shall be conclusive evidence that the notice was given.
25.2.8. Proof that a notice contained in an electronic communication was sent shall be conclusive evidence that the notice was given.
25.2.9. A notice shall be deemed to be given 48 hours after the envelope containing it was posted or, in the case of an electronic communication, 24 hours after it was sent.

26. QUORUM
26.1. No business shall be transacted at an Annual General Meeting or an Emergency General Meeting unless a quorum is present.
26.2. A quorum is:
26.2.1. At least five [5] members are entitled to vote upon the business to be conducted at the Annual General Meeting or the Emergency General Meeting.
26.3. If:-
26.3.1. A quorum is not present within half an hour from the time appointed for the Annual General Meeting or the Emergency General Meeting; or
26.3.2. During the Annual General Meeting or the Emergency General Meeting a quorum ceases to be present;
26.4. The members present at that time shall constitute the quorum for that Annual General Meeting or Emergency General Meeting.
27. CHAIR
27.1. An Annual General Meeting or an Emergency General Meeting shall be chaired by the President of the Persekutuan.
27.2. If the President is not present within fifteen minutes of the time appointed for the Annual General Meeting or the Emergency General Meeting, a Committee-member nominated by a simple majority of the Committee-members present shall chair the Annual General Meeting or the Emergency General Meeting.
27.3. If there is only one Committee-member present and willing to act, he or she shall chair the Annual General Meeting or the Emergency General Meeting.
27.4. If no Committee-member is present and willing to chair the Annual General Meeting or the Emergency General Meeting within fifteen minutes after the time appointed for holding it, the members present and entitled to vote must choose one of their number to chair the Annual General Meeting or the Emergency General Meeting.
28. ADJOURNMENT
28.1. The members present at an Annual General Meeting or an Emergency General Meeting may by simple majority vote resolve that the Annual General Meeting or the Emergency General Meeting shall be adjourned.
28.2. The person who is chairing the Annual General Meeting or the Emergency General Meeting must decide the date, time and place at which the Annual General Meeting or the Emergency General Meeting is to be re-convened unless those details are specified in the resolution.
28.3. No business shall be conducted at an adjourned Annual General Meeting or Emergency General Meeting unless it could properly have been conducted at the Annual General Meeting or the Emergency General Meeting had the adjournment not taken place.
28.4. If an Annual General Meeting or an Emergency General Meeting is adjourned by a resolution of the members for more than seven days, at least seven clear days’ notice shall be given of the re-convened Annual General Meeting or Emergency General Meeting stating the date, time and place of the Annual General Meeting or the Emergency General Meeting.
29. VOTES
29.1. Any business, motions or resolutions tabled or presented or howsoever raised at the Annual General Meeting or the Emergency General Meeting shall be passed by a simple majority of the votes cast.
29.2. A reference to a “simple majority” in this Constitution shall mean more than fifty percent [50%] of the total votes cast at any meeting convened in accordance with this Constitution and entitled to vote.
29.3. Each member present at the Annual General Meeting or the Emergency General Meeting and entitled to vote shall have one vote but if there is an equality of votes the person who is chairing the Annual General Meeting or the Emergency General Meeting shall have a casting vote in addition to any other vote he or she may have.
29.4. Voting in any meeting convened in accordance with this Constitution may be conducted by a show of hands or in any way determined by the person who is chairing any meeting convened in this Constitution.
30. RIGHTS AND OBLIGATIONS OF MEMBERS
30.1. A member is entitled to vote in accordance with this Constitution and has all rights and privileges as conferred on him or her under this Constitution.
30.2. A member must register the name of his or her dependents for claiming death benefits and will be issued with a book of the Constitution and member registration number and residential address.
30.3. A member must notify the Secretary in writing or electronic means if there is a change of address within 40 days from the date of occurrence of the matter.
30.4. A member must pay his monthly fee on each month directly to the Persekutuan by any means expedient or to the such person or persons as appointed by the Committee.
30.5. A member can inquire about membership records and fees during office hours.
30.6. A member must send a birth certificate (Birth Certificate) if a new child is born to him or her, to be registered by the Secretary within 14 days of the birth of the child.
30.7. If a member adopts a child, then he or she must submit to the Secretary an adoption order issued by a Court in Singapore.
30.8. A member must notify the Secretary in writing of the name of his or her spouse when he or she registers his or her marriage. If he or she has a step-child, then the name and age of the step-child must be notified to the Secretary.
30.9. An unmarried or divorced member must notify the name of the mother, father or child, if any, along with the age and identification code number to the Secretary.
30.10. A member is responsible for paying his monthly membership fee.
30.11. A member must at all times comply with this Constitution and all bye-laws and rules passed in accordance with this Constitution.

31. REPLACEMENT OF MEMBERS
31.1. The spouse of a deceased-member may replace the deceased-member and the registration fee is waived.
31.2. Any request to replace a member or a dependent must be made in writing and accompanied by evidence as the Committee may require.
32. DEATH BENEFIT
32.1. After being a member of the Persekutuan for 90 days, a member or his or her dependant as hereinafter described, is entitled to receive death benefits as described hereinafter [hereinafter referred to as “Death Benefit Table”] provided always that:-
32.1.1. the member has registered the names of his or her dependents with the Persekutuan;
32.1.2. the member has not been deemed an offending-member under this Constitution;
32.1.3. The member and his or her dependents are residing in Singapore.
32.1.4. A death certificate of the member or the member’s dependant issued by the statutory authority of the jurisdiction where the death occurred is submitted to the Persekutuan within 7 days of death occurring.
32.1.5. The member or the member’s dependant or the heirs of the deceased-member as determined under Islamic Law, utilise the funeral and burial services of the Persekutuan.
ON DEATH: DEATH BENEFITS
1. A Member or spouse of a member $1,200.00
2. A member’s biological mother or father $400.00
3. A member’s biological children or stepchildren or adopted children $350.00
4. Exception Funeral management does not include burial permit fee and the rental of passenger bus.

32.2. A member must appoint two nominees by completing a form provided by the Persekutuan for the purpose of payment by the Persekutuan to the appointed nominees of the death benefits in the event of the member’s death.
32.3. Any dispute concerning the death benefit shall be resolved by Committee. The Committee must inform the member or his or her dependant within twenty-one [21] days of the Committee’s decision.
32.4. The Committee must consider any written representations the member or his or her dependant may make about the decision. The Committee’s decision following any written representations must be notified to the member or his or her dependant in writing but shall be final.
32.5. In the event of the death of twins or more, then the death benefit must be paid according to the number of Death Certificates issued to the member.
33. DEFINITION OF DEPENDENTS
33.1. A member’s dependants are:-
33.1.1. For male members, his wife or wives and not more than 4 as allowed by Islamic Sharia.
33.1.2. For female members, her husband.
33.1.3. Biological parents accompanied by the evidence of their parentage;
33.1.4. Biological children, stepchildren and adopted children accompanied by the evidence of their birth and relationship.
33.2. In addition to the provisions of this Constitution, no death benefit will be payable if:-
33.2.1. The dependant-child is above 21 years of age or married.
33.2.2. The dependant is not a Singapore Citizen or Singapore Permanent Residence
33.3. At all times only one claim to death benefit shall be made if a dependent is registered additionally as a dependent by more than one member.
34. AMENDMENT OF CONSTITUTION
34.1. Any part of this Constitution may be amended, provided that any such amendment is made by resolution passed by a simple majority of the members present and voting at an Annual General Meeting or an Emergency General Meeting provided always that:-
34.1.1. No amendment may be made that would have the effect of making the Persekutuan cease to be a mutual benefit organisation at law; and
34.1.2. No amendment may be made to alter the objects and purposes of the Persekutuan if the change would undermine or work against the previous objects and purposes of the Persekutuan;
34.2. A copy of any resolution amending this Constitution shall be sent to the Registrar of Mutual Benefit Organisation within 30 days of it being passed.
35. DISSOLUTION
35.1. The Persekutuan cannot be dissolved unless it has been approved by three quarters (3/4) of the total members of the Persekutuan in an Annual General Meeting convened in accordance with this Constitution.
35.2. In the event the Persekutuan is dissolved, all debts and liabilities legally incurred on behalf of the Persekutuan shall be fully discharged, and the remaining funds will be disposed of in such manner as the majority of the members present at the Annual General Meeting may determine.
17.3 A Certificate of Dissolution shall be given within seven (7) days of the dissolution to the Registrar of Mutual Benefit Organisation.
36. DATA PRIVACY POLICY
36.1. This Data Privacy Policy outlines the principles and practises the Persekutuan adheres to in relation to the collection, use, disclosure, and protection of personal data in accordance with Singapore’s Personal Data Protection Act (PDPA). By using The Persekutuans’ services, you agree to the terms set forth in this policy.
36.2. PERSONAL DATA COLLECTED: The Persekutuan may collect personal data from individuals who interact with them, including but not limited to customers, employees, and other stakeholders. Personal data can include, but is not limited to, names, contact information, identification numbers, and any information that can identify a person.
36.3. PURPOSES OF COLLECTION AND USE: The Persekutuan collect and use personal data for the following purposes:
36.3.1. Perform obligations related to the provision of goods and/or services.
36.3.2. Verify identity.
36.3.3. Respond to inquiries, requests, requests, complaints, and feedback.
36.3.4. Manage relationships with individuals.
36.3.5. Process payment or credit transactions.
36.3.6. Send marketing and promotional information.
36.3.7. Comply with applicable laws, regulations, and guidelines.
36.3.8. Other purposes for which permission has been obtained.
36.4. CONSENT:
36.4.1. In general, The Persekutuan seek consent before collecting personal data, unless collection without consent is permitted by the PDPA or other laws. Consent is obtained after notification of the purpose of collection, and individuals have the right to withdraw consent at any time.
36.5. DISCLOSURE OF PERSONAL DATA:
36.5.1. The Persekutuan may disclose personal data to third-party service providers, agents, and organizations hired to perform functions on The Persekutuans’ behalf. Disclosure is made in accordance with the purposes stated in this policy and as permitted or required by law.
36.6. SECURITY MEASURES:
36.6.1. The Persekutuan implement appropriate administrative, physical, and technical measures to protect personal data from unauthorised access, disclosure, or similar risks. Although The Persekutuan strive to ensure security, no method of transmission over the Internet or electronic storage is completely secure.
36.7. ACCURACY AND ACCESS TO PERSONAL DATA:
36.7.1. The Persekutuan rely on individuals to provide accurate personal data. Individuals have the right to request access to their personal data and request correction. Reasonable charges may apply for access requests.
36.8. RETENTION OF PERSONAL DATA:
36.8.1. Personal data is retained for as long as necessary to fulfil the purpose of collection or as required by applicable law. The Persekutuan stop storage when no longer required for legal or business purposes.

36.9. TRANSFER OF PERSONAL DATA OUT OF SINGAPORE:
36.9.1. In general, The Persekutuan do not transfer personal data out of Singapore. If The Persekutuan do, consent will be obtained, and steps will be taken to ensure a level of protection comparable to that afforded under the PDPA.
36.10. DATA PROTECTION OFFICER:
36.10.1. For questions or feedback regarding The Persekutuans’ data protection policy, please contact the Data Protection Officer at https://www.ptks.org.sg/en/contact-us/
36.11. CHANGES TO POLICY:
36.11.1. This policy may be revised without prior notice. The effective date will indicate the latest update. Continued use of The Persekutuan’s service constitutes acknowledgment and acceptance of changes.

Persekutuan Kebajikan Islam Telok Kurau, Singapura - Pengurusan Jenazah dan Khairat Kematian
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