RULES OF THE SARAWAK BANK EMPLOYEES' UNION  

Rule #: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 

RULE 1     Name and Registered Office

1.         The trade union formed under these Rules shall be known as the Sarawak Bank Employees’ Union (hereinafter referred to as the Union).

2.         The registered office and place of meeting shall be at 2^nd Fl Lot 79 Blk B Queens Court, King Centre 93350 Kuching Sarawak or any other place determined by the Executive Council.

3.         The postal address : 2^nd Fl Lot 79 Blk B Queens Court, King Centre 93350 Kuching Sarawak

RULE 2     Objects

1.         The objects of the Union shall be:‑

(a)        To ensure the complete organization of all such employees as are specified in RULE 3(1) and to promote the industrial, social and intellectual interests of its members.

b)         To obtain and maintain for its members just and proper rates of remuneration, security of employment, and reasonable hours and condition of work, and to provide advice and assistance accordingly.

(c)        To regulate relations between employer and employee, between member and member, and between members and other workers and to endeavour to adjust any difference between them by amicable and reconciliatory means.

(d)        To affiliate with and further, financially or otherwise, the work or purpose of any lawful association or body having for its objects the promotion of the interest of labour, trade unions and trade unionists, subject to the provisions of section 50 of the Trade Unions Ordinance, 1959.

(e)        To promote the material, social, and educational welfare of the members in any lawful manner which a delegates conference or the Executive Council may deem expedient.

(f)        To provide, if decided upon by the Executive Council, legal assistance to members in connection with their employment.

(g)        To provide, if decided upon by the Executive Council, such benefits as victimisation pay and dispute pay.

(h)        To promote legislation affecting the interests of the members in particular or trade unionists in general.

(i)         To undertake, if decided upon by a delegates conference, the editing, printing, publication and circulation of any journal, magazine, newssheet or other printed literature for the advancement of the objects of the Union or the promotion of the interests of its members.

(j)         To establish, if decided upon by a delegates conference, a Benefit Fund and to draw up rules governing such Fund. These rules shall not become operative until they are regis­tered by the Registrar Of Trade Unions.

(k)        Generally to do any of the things that a trade union is permitted to do by law.

2.         These objects shall be promoted in accordance with these Rules and the Trade Unions Ordinance, 1959.

RULE 3     Membership

1.         Membership at the Union shall be open to all employees excluding managerial staff, confidential staff and security guards of any commercial banks or financial institutions (amended 3/2000) in Sarawak which is licensed under Section 6(4) of the  Banking & Financial Institutions Act 1989 who are above the age of sixteen and whose place of work is in the state of Sarawak; provided no person for whom education is provided under the Education Ordinance, 1961, shall join or be a member of the Union, unless he is ‑

(a)        bona fide employed as a workman as defined in the Trade Union Ordinance, 1959; and

(b)        over the age of eighteen years.

2.         A member of the Union who has not attained the age of eighteen years shall not be entitled to vote on any of the following matters :‑

(a)        strikes and all matters relating thereto;

(b)        the imposition of a levy;

(c)        dissolution of the Union or of any Federation with which it may be connected;

(d)        amendment of the Rules of the Union where such amendment results in increasing the liability of the members to contribute or in decreasing the benefits to which members are entitled.

3.         A member who is under the age of twenty‑one shall not be an officer or a Trustee of the Union.

4.         Application for membership shall be made in a form prescribed by the Union and shall be forwarded together with the entrance fee to the Branch Secretary, who shall forward the entrance fee to the Branch Treasurer and the application form to the Executive Council for approval. The Executive Council may, at its discretion reject any application without assigning any reason therefor.

5.         Every applicant whose application has been approved by the Executive Council shall, upon payment of the prescribed entrance fee and first monthly subscription, be registered in the Membership Register as a member and supplied with a copy of the Rules of the Union free of charge.

6.         Any person who, subsequent to his admission as a member, seeks and obtains employment in any occupation, trade or industry other than that specified in Rule 3(1) shall thereupon cease to be a member of the Union and his name shall be removed from the Membership Register.

7.         The Branch Treasurer shall refund the entrance fee to the applicant whose application for membership is rejected.

RULE 4     Subscriptions and Arrears

1.         The subscriptions payable be payable as follows:‑

Entrance fee  $10.00

            Monthly subscription shall be one percent (1%) of the basic salary earned by the member per month and an additional one percent (1%) of the contractual bonus earned per year. For members within the grade of employees that recognition for the purpose of collective Bargaining under Section 9 of Industrial Relations Act (1967) has not been accorded by any Commercial bank or financial institutions in Sarawak which is licensed under section 6(4) of the Banking Financial Institution Act 1989, the monthly subscription shall be 50% of the 1% imposed. The full rate shall then apply once recognition has been granted by the Banks or other financial institiutions in Sarawak which is licensed under section 6(4) of the Banking Financial Institution Act 1989(SK/15/5/2011(1) wef 19/12/2011).

Any increase in the above rates shall be decided by secret ballot in accordance with Rule 25.

2.         All monthly subscriptions shall be payable on pay day at the end of each month.

3.         Any member whose subscription is three months in arrears shall thereupon cease to be a member of the Union and forfeit all interests in the Union, and his name shall be deleted from the Membership Register.

4.         Any person whose membership has terminated on account of arrears may apply for re-admission as a new member in accordance with Rule 3.

5.         The Executive Council shall have the power to fix reduced rates of monthly subscription for members, or to exempt members temporarily from paying monthly subscriptions and levies ( if any ), in case of unemployment, sickness, or other genuine hardship.

RULE 5     Resignation

Any member who wishes to resign from the Union shall give at least one week’s notice in writing to the Branch Secretary and shall pay up all dues.

RULE 6     Rights Of Members

Except as otherwise provided in the Rules, all members of the Union shall have equal rights in the Union.

RULE 7     Duties Of Members

1.         It shall be the duty of each member to see that his subscriptions are paid regularly and that official receipts for them are obtained. The responsibility for keeping payments of subscriptions up to date shall rest with the members and not with any officer of the Union.

2.         It shall be the duty of a member to notify the Branch Secretary as soon as possible of any change of address or place of employment.

3.         Any member who attends a Union meeting or uses the Union premises must behave in an orderly manner, otherwise he may be instructed to leave by any responsible officer of the Union.

4.         No document or circular concerning the Union shall be issued by any member unless such document or circular has been approved by the Executive Council, and no member shall divulge the business or affairs of the Union to any non‑member, other organisation, or the Press without such approval.

5.         No member of the Union shall be a member of any other trade union except with the permission of the Executive Council.

RULE 8     Constitution and Government

1.         The supreme authority of the Union and of the Branches shall be vested in the delegates conference and in branch general meetings respectively except in respect of matters on which decisions shall be taken by secret ballot in accordance with Rule 25.

2.         Subject to the foregoing provision, the Union shall be governed by the Executive Council and the Branches shall be governed by the Branch Committees.

RULE 9     Triennial Delegates Conference

1.         The triennial delegates conference of the Union shall be convened as soon as possible after 30^th June and not later than 30^th September once in three years. The date, the time and the place for the conference shall be decided by the Executive Council.

2.         The triennial delegates conference shall consist of delegates elected by Branches and of members of the Executive Council.

3.         Delegates shall be elected by the secret ballot at once in three years at the triennial general meetings of the respective Branches. Each Branch shall be entitled to elect two delegates for the first 50 members or part thereof, and one additional delegate for every 25 members or part thereof over and above the first 50 members; provided that the total number of delegates shall not exceed 20 (SK/15/5/2011(1) wef 19/12/2011) for any one Branch. If an elected delegate is unable to attend the Conference, his/her place shall be taken by the candidate obtaining the next highest number of votes in the election. In the absence of any such candidate, the Branch Committee may appoint any member in benefit to fill the vacancy. “Members” shall mean members who are eligible to vote at the time of electing delegates.

4.         No member of the Executive Council shall be elected as a delegate.

5.         Only delegates shall be eligible to vote at a delegates conference, but the Chairman of a delegates conference shall have a casting vote. The conference may frame Standing Orders governing the meeting procedure for all delegates conferences and the manner of voting thereat.

6.(i)      A preliminary notice of the triennial delegates conference stating the date, the time and the place of meeting and calling for motions for discussion at the conference (including motions for amendment of the Rules) shall be sent by the General Secretary at least two months before the date fixed for the conference (SK/15/3/2009(2) wef 26/8/2009).

6(ii)      The nominations for election of members of the Executive Council, shall be sent by the HQ Scrutineers to all Branch Secretaries at least two months before the date fixed for the conference (SK/15/3/2009(2) wef 26/8/2009).

7. (i)    Every Branch Secretary shall forward to the General Secretary at least 6 weeks before the delegates conference the names of delegates elected by his branch and motions (if any) for discussion at the conference (SK/15/3/2009(2) wef 26/8/2009). 

7.(ii)   Every Branch Secretary shall forward to the HQ Scrutineers the nominations for the election of members of the Executives Council, at least 6 weeks before the delegates conference (SK/15/3/2009(2) wef 26/8/2009). All nominations shall be made on a form prescribed by the Union and shall include the following particulars: title of office being contested, name of candidate, National registration, Identity Card number, Date of birth, address, occupation, Federal Citizenship Certificate Number and the total period for which he has been employed in the occupation, trade or industry specified in Rule 3(1). No nomination shall be valid unless (a) it is signed by at least three supporters who are members in benefit and (b) it contains the express consent of the candidate to stand for election.

8. (i)    The General Secretary shall send to the Branch at least 4 weeks before the conference an agenda including motions, copies of reports and accounts (if any) (SK/15/3/2009(3) wef 26/8/2009). 

8.(ii)   The HQ Scrutineers shall send to the Branch at least 4 weeks before the conference the required number of ballot papers and envelopes as laid down in Rule 25 for the elections of members of the Executive Council and in connection with any other matters to be decided by secret ballot(SK/15/3/2009(3) wef 26/8/2009).

9.         The quorum of all Delegates Conferences shall be two‑thirds of the number of delegates who are eligible to attend.

10.       If a quorum is not present one hour after the appointed time, the conference shall be postponed to a date (not exceeding 14 days) to be decided by the Executive Council.

11.       If a quorum is not present one hour after the time appointed for the postponed conference, the members present shall have the power to proceed with the business of the day but they shall not have the power to alter the Rules of the Union.

12.       The business of the triennial delegates conference shall be to receive reports from the General Secretary, the Treasurer, and the Executive Council; to consider and determine all matters affecting the welfare of the members and the progress of the Union; to appoint Trustees when necessary, Internal Auditors, and Scrutineers; to consider and determine all other matters included in the agenda; and to receive the Scrutineers’ report on the ballot taken for the election of the Executive Council.

13.       The General Secretary shall forward to all branch secretaries a copy of the draft minutes of the triennial delegates conference as soon as possible after the conclusion of the conference.

RULE 10   Extraordinary Delegates Conference

1.         An extraordinary delegates conference shall be convened

(a)        whenever the Executive Council deems it expedient, or

(b)        at the joint request in writing by the Branch Committees of two or more branches representing at least one‑fourth of the total membership of the Union, stating the object and reason for such conference.

2.         An extraordinary delegates conference requisitioned by Branches shall be convened for a date within fourteen days of the receipt of such requisition.

3.         Notice and agenda for an extraordinary delegates conference shall be forwarded by the General Secretary to all Branch Secretaries at least seven days before the date fixed for the conference.

4.         The provisions of Rule 9 regarding the constitution, the quorum, and the postponement of a triennial delegates conference shall also apply to an extraordinary delegates conference, but with the proviso that if no quorum is present one hour after the time appointed for a postponed extraordinary delegates conference requisitioned by Branches the conference shall be canceled and no extraordinary delegates conference shall be requisitioned for the same purpose until after the lapse of at least six months from the date thereof.

5.         The General Secretary shall forward to all Branch Secretaries a copy of the draft minutes of an extraordinary delegates conference as soon as possible after the conclusion of the conference.

6.         If a triennial delegates conference cannot be held by the date specified in Rule 9, an extraordinary delegates conference shall have the power to perform any or all of the functions that are normally performed by a Triennial Delegates Conference.

RULE 11   Officers and Employees

1.         An officer of the Union shall mean any member of the Executive Council or of any Branch Committee of the Union, but shall not include an Auditor.

2.         No person shall be elected or act as an officer of the Union if

(a)        he is not a member of the Union; or

(b)        he is not over twenty‑one years of age; or

(c)        he is not a citizen of Malaysia; or

(d)        he is not engaged or employed in the industry with which the Union is connected at the time of election and if he has not served a period of at least three years in the Banking industry; or

(e)        he has been a member of the executive of any trade union the registration of which has been canceled under the provisions of para­graph (vi) of subsection (1)(b) of section 15 of the Trade Unions Act, 1959, or of the Enactment repealed by section 79; or

(f)        he has been convicted by any court of law of criminal breach of trust, extortion or intimidation, or of any serious offence which in the opinion of the Director General renders him unfit to be an officer of a trade union; or

(g)        he is an officer or an employee of any other trade union; or

(h)        he is an office‑bearer or employee of a political party;

(i)         he is a bankrupt.

3.         Subject to the approval of the triennial delegates conference, the Executive Council shall have the power to employ persons as it deems necessary: Provided that no such employee shall be an officer of the Union or shall act on its behalf or any of its officer or shall communicate with any outside body or persons on matters concerned with or affecting the interests of its members.

Provided further that no person shall be thus employed if :‑

(a)        he is not a citizen of Malaysia; or

(b)        he has been convicted by any Court of a serious offence and has not received a free pardon in respect thereof; or

(c)        he is an officer or an employee of any other trade union; or

(d)        he is an officer or employee of a political party.

RULE 12   Executive Council

1.         The government of the Union and the conduct of its business, including trade disputes, in the period between triennial delegates conferences shall be vested in an Executive Council.

2.         The Executive Council shall be composed of‑

            One Representative from each Branch in the following order of precedence: Branch Secretary, Branch Chairman, Branch Treasurer, Branch Committee Members according to the number of votes they received in the last election. No Principal Officer of the Union shall hold office as Branch Representative: provided that if any candidate for office is unopposed and his nomination has been made in the manner prescribed in Rule 9(7), he shall be deemed to be automatically elected and his name shall be excluded from the ballot paper for the election of officers. Members of the Executive Council shall hold office from one triennial delegates conference to another. Whenever a change of officers takes place, the outgoing officer or Executive Council shall, within one week, hand over to the incoming officer or Executive Council all records pertaining to his or their office.

3.         The Executive Council shall meet at least once in three months, and one‑half of its total number shall form a quorum. Minutes of Executive Council meetings shall be confirmed at ordinary business meetings of the Council.

4.         Executive Council meetings shall be convened by the General Secretary, under the direction or with the approval of the President. Five clear days’ notice of meeting shall be given. Requests for meetings by other members of the Executive Council shall be made in writing and addressed to the General Secretary.

5.         When any matter requiring the immediate decision of the Executive Council or of the Delegates arises and it is not possible or convenient to convene an emergency Executive Council meeting or a Delegates Conference, the General Secretary may, with the ap­proval of the President, obtain a decision by means of a circular letter. The following conditions must be fulfilled before a decision of the Executive Council or of the Delegates is deemed to have been obtained :‑

(a)        The issue and proposed action must be clearly set out in the circular, and copies of the circular, and copies of the circular must be forwarded to all members of the Executive Council or the Delegates, as the case may be;

(b)        At least one‑half of the members of the Executive Council or one‑half of the Delegates, as the case may be, must indicate in writing whether they are in favour or against the proposal; and

                (c)        The decision must be by a majority of those who have thus indicated.

6.         A decision obtained by circular shall be reported by the General Secretary to the next Executive Council meeting or Delegates Conference and recorded in the minutes thereof.

7.         Any member of the Executive Council who fail to attend three consecutive meetings of the Council shall be disqualified from holding office unless he is able to give a satisfactory explanation to the Executive Council.

8.         In the event of the death, resignation, or dis­qualification of an officer or a Delegate or an Inter­nal Auditor or a Scrutineer, the candidate who re­ceived the next highest number of votes at the previ­ous election for the post affected shall be invited to fill the vacancy. If there is no such candidate or if such candidate declines to accept office, the Executive Council or the Branch Committee as the case may be, shall have the power to appoint any other member to fill the vacancy.

9.         Subject to the Rules of the Union and the provi­sion of the Trade Union Ordinance, 1959 the Executive Council may exercise all such powers and perform all such acts as it deems necessary for promoting the interests of the Union and attaining its objects.

10.       The Executive Council shall protect the funds of the Union against extravagance and misappropriation. It shall instruct the General Secretary or any other officer to prosecute any officer, employee, or member for misappropriating or withholding any money or property belonging to the Union.

11.       The Executive Council shall give instructions to the General Secretary and other officers of the Union for the conduct of the affairs of the Union. It may, subject to the provisions of Rule 11, paragraph 3, employ such person as it deems necessary to carry on the day‑to‑day administration of the Union and fix their remuneration. It may suspense or dismiss any officer or member of the staff for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Executive Council, or for any other reason which it deems good and sufficient in the interest of the Union.

12.       It shall give instructions to the Trustees regarding the investment of the funds of the Union.

13.       The Executive Council may suspend from benefit, or expel from membership, or prohibit from holding any office, any member who in its judgment is guilty of attempt to injure the Union or of action contrary to the Rules of the Union or who makes or in any way associates himself with any defamatory, scurrilous or abusive attack on the Union, its officers or the policy of the Union: Provided that no decision to expel a member shall take effect unless it is ratified by at least 50% of the delegates by secret ballot. The order of suspension or prohibition shall specify the period for which it shall be effective and the condi­tions under which it shall be withdrawn.

14.       Between triennial delegates conferences the Executive Council shall interpret the Rules and, when necessary, determine any point on which the Rules are silent.

15.       Except where a secret ballot of the membership is required, the decisions of the Executive Council shall be binding on all members of the Union unless and until countermanded by a resolution of a delegates conference.

Rule 13     Duties Of Principal Officers

1.         The President shall during his term of office preside at all delegates conferences and all meetings of the Executive Council and shall be responsible for the proper conduct of all such meetings. He shall have a casting vote, and he shall sign the minutes of each meeting at the time they are approved. He shall, in conjunction with the General Secretary and the Treasurer, sign all cheques on behalf of the Union, superintend the general administration of the affairs of the Union, and endeavour to secure the observance of the Rules by all concerned.

2.         The Deputy President shall in the absence of the President act for and have the powers vested in the President.

3              The Vice President shall, in the absence of the deputy President, or when the Deputy President is acting for and has the powers of the President, act for the Deputy President, in the following order of preference: according to the number of votes they received at the last election.  Where there are no such order, then as appointed by the Executive Council (amended 3/2000)

4.         The General Secretary shall conduct the business of the Union in accordance with the Rules and shall carry out the instructions of the delegates conference and of the Executive Council. He shall supervise the work of any staff engaged by the Union. He shall be responsible for conducting all correspondence and keeping all books, documents and papers belonging to his office in such form and manner as the Executive Council may direct. He shall attend all meetings and record the proceedings. He shall prepare or cause to be prepared the report to the triennial delegates conference. He shall prepare or cause to be prepared the annual returns and all other documents required by the Registrar of Trade Unions and shall forward these to him by the prescribed dates. He shall keep a mem­bership register containing the names and addresses of all the members, their membership numbers, and the dates on which they joined the Union. In conjunction with the President and the Treasurer, he shall sign all cheques on behalf of the Union.

5.         The Assistant General Secretary shall assist the General Secretary in the administrative work of the Union and shall act for him in his absence.

6.         The Treasurer shall be responsible for all moneys received and paid by him on behalf of the Union and for the proper keeping and posting of books of account as required under the Trade Unions Regulations, 1959. He shall issue an official receipt for each and every sum of money received by him and no other officer or employee of the Union at the head office shall receive money or issue receipts without the specific authority of the President given in writing on each and every occasion. He shall be responsible for the safe custody of all books of accounts and subsidiary documents at the head office and shall not remove them from the official place of business without the specific au­thority of the President given in writing on each and every occasion. He shall prepare a statement of accounts for each business meeting of the Executive Council and for the triennial delegates conference. He shall prepare a budget for endorsement by the Triennial delegates conference. He shall, in conjunction with the President and the General Secretary, sign all cheques on behalf of the Union. The Assistant General Treasurer shall assist the General Treasurer and to assume the General Treasurer duties in his absence. (SK/15/3/2009(1) wef 26/8/2009)

RULE 14   Trustees

1.         Three Trustees, who must be over 21 years of age and who must not be a Secretary or Treasurer of the Union, shall be appointed at the triennial delegates conference and shall hold office during the pleasure of the Union. They shall have vested in them all the real and personal estate whatsoever belonging to the Union and shall deal with it in such manner as the Executive Council may direct.

2.         The Union shall have the power to purchase or to take upon lease for its purposes as a trade Union and in the Names of the Trustees any land or any building and, subject to any written or other law which may be applicable, to sell, exchange, charge or lease any such land or building which may be so purchased.

3.         The Trustees shall not sell, withdraw or transfer any of the property of the Union without the consent and authority of the Executive Council conveyed in writing by the General Secretary and the Treasurer.

4.         A Trustee may be removed from office by the Executive Council on the ground that, owing to ill health, unsound mind, absence from the country or any other reason, he is unable to perform his duties or unable to do so satisfactorily. In the event of death, resignation or removal of a Trustee before a triennial delegates conference, the vacancy shall be filled by the Executive Council.

5.         The triennial delegates conference may appoint as sole trustees for the Union a trust company as defined in the Trust Ordinance, 1949, or any written law governing trust companies in the state of Sarawak and, in the event of such appointment, references to “trus­tee” in the Rule shall be interpreted as references to a trust company so appointed.

RULE 15   Internal Auditors

1.         Two Internal Auditors, who must not be members of the Executive Council, shall be elected by show of hands at the triennial delegates conference. They shall audit the accounts of the Union at the end of each quarter and submit a report to the General Secre­tary who shall forward a copy of the report to every member of the Executive Council within fourteen days.

2.         The books and accounts of the Union shall be audited by the two Internal Auditors acting together, and they shall have free access to all books and documents necessary for the completion of their audit.

3.         Any member of the Union may complain in writing to the Internal Auditors of any financial irregularity which has come to his knowledge.

RULE 16   General Audit

1.         The general accounts of the Union shall be audit­ed by a qualified Accountant of other fit and proper person approved by the Registrar of Trade Unions and shall be verified by statutory declaration. The audit shall commence as soon as possible after the close of the financial year, i.e. 31st March, and shall be completed before 31st May. The auditor shall have free access to all books and documents necessary for the completion of the audit.

2.         The auditor’s report shall be presented to the Triennial Delegates conference and a copy of this report shall be conspicuously displayed at the Head Office of the Union and a copy at all Branches of the Union.

RULE 17   Scrutineers

A panel of not less than three scrutineers, who shall not be serving officers or candidates for posts of officers of the Union, and who reside in the local­ity where the head office of the Union is situated, shall be elected by show of hands at the triennial delegates conference to certify the ballot returns forwarded by the Branch Secretaries and submit to the Executive Council a signed statement of the final results of the ballot in forms of return prescribed in Trade Unions Regulations, 1959.

RULE 18   Salaries and other payments.

1.         The salaries of full‑time officers shall be determined as and when necessary by the triennial delegates conference.

2.         Officers whose duties call for part‑time service on behalf of the Union may be paid an honorarium. The amount to be paid shall be determined by the triennial delegates conference.

3.         Officers and other representatives of the Union may, on the approval of the Executive Council or of the Branch committee, be paid for any loss of working time and all reasonable expense incurred in the trans­action of Union business. They shall submit to the Executive Council or the Branch Committee a statement of expenses which shall, when practicable, be supported by receipted bills or other evidence of payment. The maximum scale of allowances and expenses payable under this paragraph shall be prescribed from time to time by a delegates conference or a Branch general meeting and the Executive Council or the Branch Com­mittee shall not approve any payment which exceeds the prescribed scale.

RULE 19   Funds and Accounts

1.         The funds of the Union may be expended on any or all of the following objects:‑

(a)        The payment of salaries, allowances and expenses to officers and employees of the Union.

(b)        The payment of costs and expenses of the administration of the Union, including audit of the accounts of the funds of the Union.

(c)        The prosecution or defence of any legal proceedings to which the Union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the Union as such or any right arising out of the relations of any member with his employer.

(d)        The conduct of Trade Disputes on behalf of the Union or any member thereof and assistance in the furtherance of trade disputes on behalf of any other registered trade Union or any member thereof.

(e)        The compensation of members for loss arising out of trade disputes.

(f)        Allowances to members of their dependents on account of death, old age, sickness, accidents or unemployment of such members.

(g)        The payment of affiliation fees to a federation of Trade Unions, trade union council or trade union coordinating or advisory body registered under any written law within the State of Sarawak and such other associations or organisations established outside the State of Sarawak as may from time to time be approved by the Minister.

(h)        The payment ‑

(i)         of all train fares, other essential transport expenses, cost of board and lodging, supported by vouchers, or of such amounts as are laid down by the Union;

(ii)        of the amount of actual wages lost by representatives of the Union attending meetings connected with or related to the promotion of industrial relations;

(iii)       of expenditure for the purpose of the establishment or maintenance of any lawful trade union coordinating or advisory bodies.

(i)         The editing, printing, publication and circulation of any journal magazine, newssheet or other printed literature published by the Union for the advancement of its objects or the promotion of the interests of the members in accordance with its registered objects and rules.

(j)         The payment of affiliation fees to cultural and educational associations registered under any written law within the state of Sarawak, and such other associations or organisations established outside the State of Sarawak as may from time to time be approved by the Minister.

(k)        The conduct of social, sporting, educational and charitable activities of the members.

(l)         The purchase and/or erection of buildings for the purpose of business of the Union.

The funds of the Union shall not be applied either directly or indirectly in payment of the whole or part of any fine or penalty imposed upon any person by sentence or order of a court.

3.         All moneys which belong to the Union and which are not required for approved current expenses shall be deposited by the treasurer, or the Branch Treasur­er, as the case may be, within seven days of the re­ceipt in a bank approved by the Executive Council. The bank account shall be in the name of the Union and particulars of the bank account shall be forwarded to the Registrar of Trade Unions.

4.         All cheques or withdrawal notices on the Union account shall be signed jointly by the President (or in his absence the Vice President), the General Secre­tary, and the Treasurer. In the absence of the General Secretary or the Treasurer, the Executive Council shall appoint one of its members to sign in his place. Branch accounts shall be operated in accordance with Rule 32.

5.         The treasurer may hold a Petty Cash not exceeding three hundred Ringgit at any one time. No single expenditure exceeding dollars one hundred Ringgit at any one time shall be incurred without the prior sanction of the Executive Council. The Treasurer shall prepare a triennial budget for approval at the trien­nial delegates conference and all expenditure incurred by the Union shall be within the limits imposed by the budget. The budget may be revised from time to time with the prior approval of the delegates obtained at a delegates conference or by circular.

6.         All property of the Union shall be vested in the joint name of the Trustees. Such funds of the Union as are not required for the day‑to‑day administration of the Union may be invested in Trustee securities pro­vided always the Executive Council may have power to direct, in respect of 25% of the fund to be invested, that such 25% of the funds to be invested in any security approved by the Executive Council. All such funds invested shall be invested in the name of the Trustees who shall hold them in trust for the members of the Union.

7.         The Treasurer shall enter or cause to be entered in the accounts of the Union a record of all receipts by the payment out of funds of the Union and shall, upon resigning or vacating his office or employment and on or before the 1st day of July in every year and at any other time at which he may be required to do so by the Executive Council or by a resolution of the delegates of the Union at a delegates conference or an extraordinary delegates conference or by the Registrar of Trade Unions, render to the Union and its members or to the Registrar of Trade Unions, as the case may be , a just and true account of all moneys received and paid by him during the period which has elapsed since the date of his assuming office, or if he has previously rendered an account , since the last date upon which he rendered such account, and of the balance remaining in his hands, at the time of render­ing such account and of all bonds, securities, or other properties of the Union entrusted to his custody or under his control.

8.         The form of account shall be prescribed by the Trade Unions Regulations, 1959. The account shall be verified by statutory declaration, and the Union shall cause the account to be audited by some fit and proper person approved by the Registrar of Trade Unions. After the account has been audited, the Treasurer shall forthwith hand over to the Trustee of the Union, if required by them to do so, such balance as appears to be due from him, and also, if so required, all bonds, securities, effects, books, papers and property of the Union in his hands or custody, or otherwise under his control.

RULE 20   Inspection of Books and Account

Any person having an interest in the funds of the Union may after having given due notice inspect all the books and accounts of the Union and the names of the members at any reasonable time at any place where such records are kept.

RULE 21   Levies

1.         The Executive Council may, after a resolution has been passed by secret ballot in accordance with Rule 25, impose a levy upon all members of the Union, and all members (with the exception of those who have been exempted by the Executive Council as provided in Rule 4 paragraph 5) shall be required to pay such levy.

2.         If any member fails to pay a levy within six weeks of its imposition, or such longer period as may be specified in the resolution, the amount shall be treated as arrears of Union monthly subscription and the member shall be liable to disqualification under Rule 4. 

RULE 22   Trade Disputes

1.         Should any member desire steps to be taken in connection with his condition of employment or any other matter, he shall notify the Branch Secretary, wherever practicable in writing of his complaint, and the Branch Secretary shall immediately report the facts of the matter to the Branch Committee. Where the member’s complaint is verbal, the Branch Secretary shall reduce it to writing and shall submit a copy of it with his report. The Branch Committee shall then decide whether the matter can be dealt with on a branch level or whether it should be referred to the Executive Council.

2.         Should any trade dispute arise, the members con­cerned shall bring the matter to the attention of the Branch Secretary, who shall immediately report the facts of the matter to the Branch Committee. The Branch Committee may deal with the dispute if it is expedient to do so, or refer the matter to the Execu­tive Council. In either case the Branch Committee shall keep the Executive Council fully informed as to the progress of the dispute.

3.         No cessation of work shall take place unless (a) the sanction of the Executive Council or the Branch Committee has been given; (b) at least two‑thirds of the members affected and entitled to vote in accord­ance with Rule 25 have voted by secret ballot in favour of the proposed action; and © the result of the ballot has been notified to the Registrar of Trade Unions in the form prescribed in the Trade Union Regulations, 1959. The Executive Council or the Branch Committee, as the case may be, shall not support any strike, financially or otherwise, unless a secret ballot is taken and the required majority of votes in favour is obtained.

4.         Any group of members who take any form of indus­trial action in contravention of the Trade Unions Ordinance, 1959 or the rules of the Union shall cease to be members of the Union and thereafter such members shall not be eligible from becoming members of a Trade Union unless approved by the Registrar of Trade Un­ions.

RULE 23   Educational Work

1.         The Union may educate its members through meet­ings and classes. Also, it may publish literature and take such other action as will promote their industri­al, cultural and social knowledge, subject to the statutory provisions relating to the expenditure of trade union funds for the time being in force.

2.         The Executive Council may appoint an Education Committee to oversee and assist the Executive Council to implement Education Works of the Union.

RULE 24   Rules and Alteration

1.         Any alteration of the Rules which results in increasing the liability of the members to contribute or in decreasing the benefits to which members are entitled shall be made only if approved by secret ballot vote of the members. Subject to this provision, the Rules may be altered by a delegates conference convened in accordance with Rule 9 or 10, or by a secret ballot.

2.         Every alteration of the Rules shall take effect from the date of registration by the Registrar of Trade Unions, unless some later date is specified in the Rules.

3.         A copy printed in Romanised Malay or English or Tamil or Chinese of the Rules for the time being in force shall be prominently exhibited in such place as it may easily be read at the Registered Office of the Union and shall be furnished by the General Secretary to any person on demand on payment of a sum not ex­ceeding one dollar.

RULE 25   Secret Ballot

1.         Decisions on the following matters shall be taken by a secret ballot of all the members of the Union or by the members concerned (where so provided) subject to the proviso that members who have not attained the age of 18 shall not be entitled to vote on matters listed as items ©,(d),(e) and (i) below :‑

(a)        Election of Officers of the Union (other than Trustee) in accordance with Rule 12 and Rule 29;

(b)        Election of delegates to the triennial and the extraordinary delegates conferences of the Union in accordance with Rule 9, or delegates to a federation of trade unions;

(c)        All matters relating to strikes in accordance with Rule 22, para. 3;

(d)        The imposition of a levy;

(e)        Amendment of the Union rules where such amendment results in increasing the liability of the members to contribute or in decreasing the benefits to which members are entitled;

(f)        Amalgamation with the other trade union or transference of engagements to another trade union;

(g)        Joining or forming a federation of trade unions;

(h)        Secession of a Branch from the Union in accordance with Rule 28, paragraph 8;

(i)         Dissolution of the Union.

2.         For the taking of a secret ballot the procedure set out in the Appendix to these Rules shall be com­plied with.

RULE 26   Disputes

1.         Every dispute between ‑

(a)        a member or person claiming through a member or under the Rules, on the one part, and the Union or any Branch thereof or an officer thereof, on the other part; or

(b)        any person aggrieved who has ceased to be a member of the Union or any other person claiming through such person aggrieved, on the one part, and the Union or any Branch thereof or an officer thereof, on the other part; or

(c)        the Union and an officer of the Union; or

(d)        any two or more Branches of the Union and any officers thereof respectively; shall be decided by reference to arbitration

Provided always that in a dispute connected with

(a)        the election of officers of the Union; or

(b)        the accounts and funds of the Union; or

(c)        the non‑compliance with any Rule of the Union, the parties to the dispute may jointly refer the dispute to the Registrar of Trade Unions, whose decision shall be final.

2.         A panel of not less than five arbitrators, none of whom being directly or indirectly interested in the funds of the Union, shall be appointed as a permanent panel of arbitrators by the triennial delegates conference, and any vacancy or vacancies shall be filled at a subsequent delegates conference.

3.         The complaining party to the dispute or a person appointed by him shall draw three names from the panel of arbitrators by lot in the usual manner and the three arbitrators whose names are first drawn shall decide the dispute.

4.         In this rule the expression “dispute” includes any dispute arising on the question whether a member or person aggrieved is entitled to be or continue to be a member or to be reinstated as a member but, save as aforesaid, in the case of a person who has ceased to be a member, does not include any dispute other than a dispute on a question between him and the Union or an officer thereof, which arose whilst he was a member or arises out of his previous relation as a member of the Union.

5.         There shall be a right of appeal to the triennial delegates conference whose decision shall be binding and conclusive.

RULE 27   Dissolution

1.         The Union shall not be voluntarily dissolved except with the consent obtained by ballot of at least 75% of the members entitled to vote.

2.         In the event of the Union being dissolved as provided above, all debts and liabilities legally incurred on behalf of the Union shall be fully dis­charged and the remaining funds shall be disposed of in such manner as may be decided by the members by secret ballot.

RULE 28   Establishment and Dissolution of Branches

1.         The Executive Council may establish a Branch in any area wherein there are at least 20 members.

2.         The Executive council may dissolve a Branch,

(a)        if for a consecutive period of six months the number of Branch members is below 20; or

(b)        if the Branch refuses to abide by the Rules of the Union or the decision of the delegates conference or the Executive Council, or if it is, in the opinion of the Executive Council, guilty of conduct detrimental to the Union.

3.         A decision to dissolve a Branch shall be by a majority vote at a meeting of the Executive Council provided that before a decision is taken to dissolve a Branch on the ground stated in paragraph 2 (b) above, the Branch concerned shall be given 30 days’ notice and an opportunity to answer the allegations.

4.         In the event of a Branch being ordered to dissolve for reason stated in paragraph 2 (a) above, the Executive Council shall transfer the remaining members to the nearest Branch. In the event of a Branch being ordered to dissolve for reason stated in paragraph 2 (b) above, the members shall cease to be members of the Union and shall forfeit all interests in the Union.

5.         The order of dissolution shall be signed by the General Secretary. On receipt of such order the Branch shall cease to function except for the purpose of winding up.

6.         Any Branch aggrieved by an order of dissolution may by notice in writing to the General Secretary within 30 days of the receipt of the order lodge an appeal to the triennial delegates conference. Notwith­standing such appeal, the order of dissolution shall be operative until set aside, but in such circum­stances the Executive Council may appoint from among its members a caretaker committee to deal with affairs of the Branch pending the hearing of the appeal. No Branch shall be represented by any solicitor or by any person who is not a member on the date of the order of dissolution.

7.         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 the accounts of the Branch from the date of the last submission of accounts to the date of the order of dissolution.

8.         If the members of a Branch wish to secede from the Union, the decision to do so shall be taken by secret ballot of the members of the Branch at a gener­al meeting convened after fourteen days’ notice has been given to all the members of the Branch specifying the purpose of the meeting. The officers of any Branch which has decided to secede shall forthwith deliver to the General Secretary all books, records, money and other property of the Union, together with a statement of accounts as stated in para. 7 above.

RULE 29   Branch Committee

1.         A Branch Committee shall consist of a Branch Chairman, a Branch Secretary, a Branch Treasurer, a minimum of 4 and a maximum of 8 Committee Members.

2.         Branch Delegates and members of a Branch Commit­tee shall be elected once in every two years by secret ballot and the results of the ballot shall be announced at the  biennial general meeting of the Branch. If any candidate is unopposed and his nomination has been made in the manner prescribed in Rule 30(3), he shall be deemed to be automatically elected and his name shall be excluded from the ballot for the election of Branch Officers and Delegates. The first Branch Committee and Branch Delegates shall be elected by secret ballot within three months after the estab­lishment of the Branch and until such election a Protem Branch Committee elected by show of hands at the General meeting inaugurating the Branch shall manage its affairs. Members of the Branch Committee shall hold office from one  biennial general meeting to another : Provided that if at an extraordinary general meeting a “ no confidence” motion against the Branch Committee is passed by a two‑thirds majority, the Branch Committee shall immediately begin to func­tion on a caretaker basis and shall, within one month of the extraordinary general meeting, cause a fresh election of officers to be conducted by secret ballot. Officers elected in this manner shall hold office until the next  biennial general meeting. Whenever a change of officers takes place the outgoing officer or Branch Committee shall, within one week, hand over to the incoming officer or Branch Committee all records pertaining to his or their office.

3.         The duties of a Branch Committee shall be to manage the affairs of the Branch in accordance with the Rules of the Union and the instructions of the Executive Council. It shall meet at least once a quarter, and one half of its numbers shall form the quorum. The Branch Secretary shall forward a copy of the Minutes of each meeting to the General Secretary not later than 21 days after the meeting.

4.         The Branch Chairman shall during his term of office preside at all general meetings of the Branch and all meetings of the Branch Committee and shall be responsible for the proper conduct of such meetings. He shall have a casting vote and shall sign the minutes of each meeting at the time they are approved. He shall in conjunction with the Branch Secretary and Branch Treasurer, operate the bank account of the Branch in accordance with Rule 32 and superintend the general administration of the affairs of the Branch.

5.         The Branch Secretary shall conduct the business of the Branch in accordance with the Rules of the Union and shall carry out the instructions of the Executive Council and the Branch Committee. He shall be responsible for conducting all branch correspond­ence and keeping all books, documents and papers belonging to his office in such form and manner as the Executive Council or the Branch Committee may direct. He shall keep or cause to be kept a register of the names and addresses of members of the Branch and inform the General Secretary at the end of each quar­ter of any changes therein. He shall convene general meetings of the Branch or meetings of the Branch Committee under the direction or with the approval of the Branch Chairman and shall record the proceedings of such meetings. He shall, in conjunction with the Branch Chairman and the Branch Treasurer, operate the bank account of the branch.

6.         The Branch Treasurer shall be responsible for all moneys received and paid by him on behalf of the Union and for the proper keeping and posting of books of account as required under the Trade Unions Regula­tions, 1959. He shall issue an official receipt for each and every sum of money received by him and no other officer or employee of the Union at the Branch shall receive money or issue receipts without the specific authority of the Branch Chairman given in writing on each and every occasion. He shall be re­sponsible for the safe custody of all books of ac­counts and subsidiary documents at the Branch Office and shall not remove them from the official place of business without the specific authority of the Union President given in writing on each and every occasion. He shall, in conjunction with the Branch Chairman and the Branch Secretary, operate the bank account of the Branch. He shall be personally responsible for all moneys and other property of the Union which pass through his hands.

RULE 30   Branch  Biennial General Meetings

1.         A branch  biennial general meeting shall be held as soon as possible after 31st March and not later than 30th June each alternate year. The date, the time and the place for the meeting shall be decided by the Branch Committee.

2.         A preliminary notice of the biennial general meeting stating the date, the time and the place of the meeting and calling for motions for discussion at the meeting and nominations for election of Branch Delegates and members of the Branch Committee shall be sent by the Branch Secretary to all members at least twenty eight days before the date fixed for the meeting.

3.         Nominations for the election of the Branch Officials and delegates shall be sent by members to the Branch Scrutineers and motions for discussion at the meeting shall be sent by members to the Branch Secretary (SK/15/3/2009(3) wef 26/8/2009) at least fourteen days before the Branch biennial general meeting. All nominations shall be made on a form prescribed by the Union and shall include the followings: title of office being contested, name of candidate, National Registration Identity Card, Num­ber, Date of Birth, address, occupation, Federal Citizenship Certificate Number and the total period he has been employed in the industry specified in Rule 3(1). The nomination form shall be signed by a proposer and a seconder, who shall be members in benefit, and shall contain the express consent of the candidate to stand for the election

4.(i)      The Branch Secretary shall send to all members of the Branch at least seven days before the meeting an agenda including motions, copies of reports and ac­counts (SK/15/3/2009(4) wef 26/8/2009).

4(ii)      The Branch Scrutineers shall send to all members of the Branch at least seven days before the meeting (SK/15/3/2009(1)-4 wef 26/8/2009) the required number of ballot papers and envelopes for the election of Branch Delegates and members of the Branch Committee.

5.         One third of the total number of members who are eligible to vote shall form the quorum for a Branch biennial general meeting.

6.         If a quorum is not present one hour after the appointed time, the meeting shall be postponed to a date not exceeding 7 days to be decided by the Branch Committee.

7.         If a quorum is not present one hour after the time appointed for the postponed meeting, the members present shall have the power to proceed with the business of the day.

8.         The business of a Branch biennial general meeting shall be to review the work of the Branch during the past three years, to pass resolutions for discussion at the triennial delegates conference, to elect a Branch Committee and delegates to the triennial dele­gates conference and to consider and determine all matters included on the agenda. The meeting shall also appoint two Branch Internal Auditors.

RULE 31   Branch Extraordinary General Meeting

1.         A Branch Extraordinary General Meeting shall be convened:‑

(i)         on the instruction of the Executive Council; or

(ii)        whenever the Branch Committee deems expedient; or

(iii)       at the joint request in writing by at least one‑fourth of the total number of members stating the objects and reasons for the meeting.

2.         A Branch Extraordinary General Meeting requisi­tioned by members shall be convened for a date within 14 days of the receipt of the requisition.

3.         Notice and agenda for a Branch Extraordinary general meeting shall be forwarded by the Branch Secretary to all members at least seven days before the meeting.

4.         The provisions regarding the quorum and the post­ponement of a Branch biennial general meeting shall also apply to a Branch extraordinary general meeting but with the proviso that if no quorum is present one hour after the time appointed for a postponed extraordinary general meeting requisitioned by members the meeting shall be canceled and no extraordinary gener­al meeting shall be requisitioned for the same purpose until after the lapse of at least six months from the date thereof.

RULE 32   Branch Scrutineers

A panel of five Branch Scrutineers, who shall not be serving officers or candidates for posts of offi­cers of the Union, and who reside in the locality where the office of the Branch is situated, shall be elected by the show of hands at the Branch biennial general meeting to supervise all secret balloting at Branch level. A scrutineer shall hold office at the pleasure of the Union and may be replaced at any Branch general meeting. At least two scrutineers shall be present when a ballot is being taken. They shall see that the procedure set out in the Appendix to these Rules is strictly adhered to and shall certify the ballot result.

RULE 33   Branch Funds And Accounts

1.         All funds accumulated at the Head Office or the Branches of the Union shall be the common asset of the Union.

2.         The Executive Council shall decide from time to time the expenses to be incurred by a Branch and the amount to be retained by the Branch as the branch funds.

3.         Every Branch Treasurer shall forward to the General Secretary before the 14th day of each month the subscription received by the Branch less approved expenses or approved deductions to be retained as branch funds. The Branch Treasurer shall forward to the General Secretary before the 14th day of each month a statement of the income and expenditure of the Branch for the preceding month.

4.         All Branch funds shall be deposited in the name of the Branch in the bank approved by the Executive Council and the account to be operated jointly by the Branch chairman, the Branch Secretary, and the Branch Treasurer. The Branch Treasurer shall be allowed a Petty Cash not exceeding two hundred and fifty Ringgit at any time, and no expenditure exceeding one hundred Ringgit at any one time shall be incurred by the Branch Treasurer without the prior sanction of the Branch Committee. All moneys which belong to the Union and which do not constitute the Branch Petty Cash shall be deposited by the Branch Treasurer, within seven days of receipt, in the bank approved by the Executive Council.

RULE 34   Branch Internal Auditors

1.         Two Branch Internal Auditors, who shall not be members of the Branch Committee, shall be elected by show of hands at the Branch Biennial General Meeting. They shall audit the accounts of the Branch at the end of every quarter and submit a report to the Branch Secretary who shall forward a copy of report to every member of the Branch Committee within fourteen days.

2.         The two Branch Internal Auditors shall act together in carrying out the audit and they shall have free access to all books and documents necessary for the purpose of the audit.

3.         Any member of the Branch may complain in writing to the Branch Internal Auditors regarding any financial irregularity which has come to his knowledge.

RULE 35   Inter Relations Committees/Sub Committees

1.         INTER RELATIONS COMMITTEES

Inter Relations Committees (IRCs) may be appointed by the Executive Council through the Branch Committee in all banks/finance companies where members of the unions are employed. They may also be elected by members annually.

Their functions shall be to consider all matters submitted to them by their branch, to carry out instructions given by the Union, to protect the interests of and extend Trade Union organisation among the staff and to supervise the collections of Union contribution. All matters dealt by the IRCs shall be reported as soon as possible to their branch.

2          SUB COMMITTEES

The Branch Committee may appoint sub-committees to assist them in the running and administration of the Branch or to carry out any union activities from time to time.

The Executive Council may appoint sub-committees to assist in the running and administration of the Union or to carry out any union activities from time to time.

APPENDIX

SECRET BALLOT PROCEDURE

1.         The Executive Council shall fix the period during which a Union ballot i.e. a ballot of the members of the Union, is to be taken and the Branch Committee shall fix the period during which a purely Branch ballot i.e. a ballot of the members of a Branch, is to be taken. In the case of the Union ballot the HQ Scrutineers shall inform all Branch Secretaries according and shall forward to them in good time the required number of ballot papers prepared in the form similar to Specimen A or C. In the case of a Branch ballot the Branch Scrutineers shall cause the required number of ballot papers to be prepared in the form similar to Specimen B or C.

2.         The Committee of each Branch shall decide the date, the time and the place of voting and shall give all members of the Branch a reasonable opportunity to cast their votes.

3.         The Branch Secretary shall take steps to ensure that every member of the Branch is informed, as far as is practicable, of the issue to be voted on and the date, time and place of voting or the period within which ballot shall be taken, and that such members as referred to in paragraph 4 below shall receive their ballot papers.

4.         The Branch Scrutineers shall forward to each member entitled to vote, who, on account of distance, is unable to attend the Branch Office or any other meeting place of the Branch where the ballot paper is to take place, a ballot paper stamped with the seal of the Branch or signed by the Branch Secretary, together with an envelope addressed to the Branch Scrutineers, on which shall be written “BALLOT PAPER” and the member’s Union membership number, in such time as to enable the member to return the ballot paper in the time for the purpose of voting.

5.         Every member entitled to vote who is present at the place of the meeting on the appointed date and time and has not previously received a ballot paper by post shall receive from the Branch Scrutineers a ballot paper stamped with the seal of the Branch or signed by the Branch Secretary.

6.         The balloting shall be conducted under the supervision vision of the Branch Scrutineers. At least two Scrutineers must be present throughout the period. Before any ballot box is used for balloting the Scrutineers shall examine it to ensure that it is empty and they shall then seal it.

7.         The Scrutineers shall be supplied by the Branch Secretary with a list of the members who have been issued with ballot papers (in person as well as by post) and they shall ensure, by checking the list with the Membership and Subscription Register (a) that only those members who are entitled to vote are or have been given the opportunity to do so; (b) that each member votes only once on a particular issue; © that no member who is voting in person has already voted by post; and (d) that members are able to vote as they please and without their votes being known to anybody else.

8.         When the time for voting in person arrives, each member who has been issued with a ballot paper shall in turn proceed to the room of the portion of the hall where the ballot box is placed and record his vote by placing a cross or a number of crosses, as the case may be, and no other mark on the ballot paper. Then folding the ballot paper at least in half, he shall drop it into the ballot box provided for the purpose and immediately quit the place of voting.

9.         A member who votes by post shall mark his ballot paper in a similar manner and return it, folded at least in half and properly enclosed in the envelope provided for the purpose, to the Branch Scrutineers before the date fixed for voting. The Branch Scrutineers shall drop all such ballot papers into the closed container provided for that purpose and keep the container safely until the appointed day, when he shall hand it to the Scrutineers.

10.       On receipt of the sealed envelopes from the Branch Scrutineers, the Scrutineers shall , in the presence of the Officers of the Branch, first check the Union Membership number on the unopened envelopes with the Branch Membership and the subscription register, so as to ensure that all the members who have voted by post are entitled to vote and that each member has voted once only. As each envelope is checked, the membership number shall be erased in such manner that it cannot be read again. When all envelopes have been checked, the Scrutineers shall slit open the envelopes, take out the folded ballot papers and forthwith drop them into the ballot box. The envelopes shall be thrown into a waste paper basket. At the conclusion of the voting in person and after all the ballot papers returned by post have been dropped into the ballot box, the Scrutineers declaring the voting closed, shall open the box and count the votes. If in the opinion of any one Scrutineer a ballot is considered to be invalid, such ballot paper shall be mark “spoilt” and rejected.

11.       After all votes have been counted, the Scrutineers shall prepare a statement, in duplicate, of the result of the ballot and hand both copies, duly signed, to the Branch Secretary. The statement shall be countersigned by the Branch Chairman and the Branch Secretary and a copy shall be forwarded to the General Secretary. The other copy shall be retained by the Branch Secretary for at least six months.

12.       When all the ballot returns have been received from the Branches the General Secretary shall request, the three Scrutineers appointed by the biennial delegates conference to examine them and to prepare a statement, in duplicate, of the final result. The statement shall be countersigned by the President and the General Secretary. One copy, shall forthwith be sent to the Registrar of Trade Unions; the other copy shall be retained by the General Secretary for at least six months. A copy of the statement, certified by the General Secretary as a true copy, shall be sent by him to each Branch Secretary who shall retain it for at least six months and show it to any member who desires to see it.

13.       The Branch Secretary shall take steps to inform the Branch members of the result of the ballot in such manner as he deems proper.

14.       The ballot papers which have been counted, including the rejected ones, shall be forwarded by the Branch Secretaries to the General Secretary who shall keep them in safe custody for at least six months from the date of final certification, for inspection by officers of the Registry of Trade Unions. At the end of the six months the ballot papers may be destroyed by or under the supervision of the President and the General Secretary

SPECIMEN A

Name of Union : Sarawak Bank Employees’ Union

Regn. No : 16.

3rd Floor Lot 32 Block 2 King Centre,

Kuching 93350,

Sarawak.

BALLOT FORM FOR ELECTION OF PRINCIPAL OFFICERS

How to Record Your Votes

1.         You are entitled to record nine votes, i.e. one vote each for the President and Deputy President, three vote for Vice President, one vote each for the General Secretary, the Assistant General Secretary and the General Treasurer and Assistant General Treasurer (SK15/3/2009(1) wef 26/8/2009)

2.   You will record each vote SECRETLY by placing a cross thus `X’ in the space provided against the name of the candidate for whom you wish to vote. Please note that NO MARK OTHER THAN `X’ must appear on the ballot paper and that you must not cast more votes than the number specified, otherwise your ballot paper will be rejected as spoilt and your votes will not be taken into account.

3.   After having recorded your votes, (a) fold the ballot paper at least in half, (b) enclose it in the envelope provided by the Union and © drop it into the closed container provided for that purpose in the voting room. But if you are voting by post, forward the ballot paper, folded at least in half and properly enclosed in the envelope provided, to reach the Branch Secretary not later than ...........

BRANCH SEAL

OR

BRANCH SECRETARY SIGNATURE
SPECIMEN B

Name of Union : Sarawak Bank Employees’ Union

Regn. No : 16.

Lot 79 2nd Fl Block B Queens Court, King Centre,

Kuching 93350,

Sarawak.

BALLOT FORM FOR ELECTION OF BRANCH OFFICERS AND DELEGATES

How to Record Your Votes

1.   You are entitled to record ...... votes i.e. one vote each for the Branch Chairman, the Branch Secretary and the Branch Treasurer, four votes for Branch Committee Members and ...... votes for Branch Delegates.

2.   You will record each vote SECRETLY by placing a cross thus `X’ in the space provided against the name of the candidate for whom you wish to vote. Please note that NO MARK OTHER THAN `X’ must appear on the ballot paper and that you must not cast more votes than the number specified, otherwise your ballot paper will be rejected as spoilt and your votes will not be taken into account.

3. After having recorded your votes, (a) fold the ballot paper at least in half, (b) enclose it in the envelope provided by the Union and © drop it into the closed container provided for that purpose in the voting room. But if you are voting by post, forward the ballot paper, folded at least in half and properly enclosed in the envelope provided, to reach the Branch Secretary not later than

 Specimen C

Name of Union : Sarawak Bank Employees’ Union

Regn. No : 16.

2^nd Fl Lot 79 Blk B Queens Court, King Centre,

Kuching 93350,

Sarawak.

BALLOT FORM

How to Record Your Vote

1.         You are entitled to vote either FOR or AGAINST the following motion :-

(HERE STATE THE MOTION)

2.   You will record your vote SECRETLY by placing a cross thus `X’ in the space provided against the word “FOR” or against the word “AGAINST” as you may decide. Please note that NO MARK OTHER THAN `X’ must appear on this ballot paper, otherwise your ballot paper will be rejected as spoilt and your vote will not be taken into account.