马来亚劳工党文献汇编
CONSTITUTION OF THE
LABOUR PARTY OF MALAYA
as amended by the Extra-Ordinary
National Conference held at Petaling Jaya 1958 and at Kuala Lumpur 1959
I.NAME AND REGISTERED
OFFICE
The name of the Party
shall be THE LABOUR PARTY OF MALAYA, hereinafter referred to as the Party, and
its registered office shall be located at an address to be decided by the
National Executive Council of the Party
II. OBJECTS
The objects of the Party
are:
1.To strive for the
establishment oi a United Democratic Socialist State of Malaya.
2.To organise and
maintain in Malaya a Political Labour Party.
3.To co-operate with
Workers', Peasants', Socialist and Cooperative Organisations within the
Federation on Malaya, in joint political action in harmony with the Party
Constitution.
4.To give effect as far
as may be practical to the principles 1rom time to time approved by the
National Conterence.
5.To secure 1or the
workers who work by hand or by brain the lull fruits of their industry and the
most equitable distribution thereof that may by possible, upon the basis of the
common ownership of the means of production, distribution, and exchange and the
best obtainable system of popular administration and control of each industry
or service.
6.To co-operate with
Labour and Socialist Organisations in this and other countries with a view to
promoting the purpose of the Party by the exchange of advice, use of literature
and visits with such organisations for the promotion of a higher standard of
social and economic life in general for workers and peasants.
7.Generally to promote
the Political. Social and Economic Emancipation of the People and more
particularly of these who depend directly upon their own exertions by hand or
by brain for the means of life.
8.To establish a Welfare
or Benefit Fund Section for the mutual aid of members.
III.MEMBERSHIP
1.There shall be three
classes of members, namely
(a) Affiliated Members.
(b) Ordinary Members.
(c) Active Members.
2.Alfiliated Members
shall consist of Workers' and Peasants' Organisations and Socialist Bodies
registered under the Societies Ordinance in the Federation of Malaya.
3.Ordinary Members shall
be persons who are Federal Citizens except those who are already members of the
Party on the date of the date of the coming into force of this amendment of not
less than 16 years of age. provided they are not members of Political Parties
or Organisation ancillary or subsidiary thereto declared by National Conference
or by the National Executive Council in pursuance of Conference decisions to be
ineligible for affiliation to the Party.
4.Active Members shall
be persons who are Ordinary Members of at least one year standing and who are
considered by the Divisional Liaison Committee and the National Executive
Council to be fit and proper persons to be admitted to such membership.
5.All Affiliated,
Ordinary and Active Members must accept the Programme, Principles and Policy of
the Party and must conform to its Constitution and Standing Orders.
IV. DUES AND APPLICATION FOR MEMBERSHIP
1.Each affiliated organisation
shall pay an entrance fee of $ 10/- and an affiliation lee of 20 cents per
member per annum to the Party and which shall be divided equally between the
Divisional Liaison Committee and the National Executive Council.
2.Each Ordinary Member
of the Party shall pay an entrance fee of $1/- and a minimum membership fee of
$2/- yearly to the,Party.1
3.Each Active Member ol
the Party shall pay a minimum membership fee of $1 per mensem.
4.(a) Forty percent of
all ordinary membership fees
shall be retained by the
Branch to meet general administrative expenses o1 the Branch Twenty percent
shall be sent to the National Executive Council and the balance of forty
percent shall be sent to the Divisional Liaison Committee for general administrative
expenses of those bodies.
(b) Eighty percent of all monthly active membership
1ees shall be retained by the Branch to meet general administrative expenses of
the Branch. Ten percent shall be sent to the National Executive Council and the
percent 1othe Divisional Committee for general administrative expenses of these
bodies.
(c) All entrance fees shall be retained by ten
National Executive Council.
5.All affiliation fees
shall be paid direct to the
Divisional Liaison
Committee by affiliated organisations except in the case of Pan-Malayan or
National Bodies, which may pay direct to the National Executive Council. )
6.All affiliation and
ordinary membership fees shall be paid not later than the 30th. June of each
current year. All active members must not be in arrears for more than three
months. Active members who fail to comply with this clause shall be deemed to
have lost the active membership.
7.An organisation
intending to become an affiliated member of the Party shall apply on the
prescribed application form signed by the President or Secretary of the
organisation together with the entrance fee and first year's affiliation fees,
whjch shall be forwarded to the Secretary of the Division of the Party, except
Pan-Malayan and National Bodies, which shall make their applications direct to
the General Secretary of the Party, In case of rejection, the entrance fee and
affiliation fees shall be refunded to the organisation.
8.A person intending to
become an Ordinary Member shall apply on the prescribed application form which
shall be forwarded to the secretary of the Branch in which he or she resides.
The entrance fee together with the membership fee for one year must accompany
the application. In case of rejection by the Branch, the person can appeal to
the Divisional Liaison Committee, whose decision shall be final. A refund of
entrance fee and membership fee shall be made to every rejected applicant. A
person is only deemed to be an ordinary member when he is issued with an
ordinary membership card duly signed.
9.A person intending to
become an Active Member shall apply on the prescribed application form which
shall be forwarded to the Divisional Liaison Committee in which he or she
resides Application for Active Membership shall be made through a Branch of the
Party The Divisional Committee shall conduct investigation on the applicant and
forward its recommendations to the National Executive Council for final
decision. Active Membership cards shall be issued to successful applicants
through the Headquarters directly. The decision of the National Executive
Council shall be final.
V. PARTY CONFERENCES
(A) National Conference
1.The National
Conference is the supreme ruling authority of the Party and shall be held in
August of each year.
2.Delegates:
(a) Each Division shall be
entitled to one delegate for every one thousand members of affiliated
organizations or part thereof on whom affiliation fees were paid for the year ending
31st. December preceding the Conference.
(b) Each Division shall also be
entitled to one delegate for every two hundred Ordinary and Active Members or
part thereof on whom dues were paid for the year ending 31st. December
preceding the conference.
(c) Each Branch shall be entitled
to send delegates on the basis of one delegate for every two hundred Ordinary
and Active Members or part thereof up to a maximum of three on whom dues were
pard for the year ending 31st. December preceding the Conference. No Branch
with less than one hundred members shall be eligible to such representation.
(d) AII delegates must be Active
Members or members of affiliated organizations.
(e) Members of the National
Executive Council are ex-officio delegates to the National Conference.
(f) Party members serving in the
Federal Parliament, State, City, Municipal, Town, District, Rural and Local
Councils are ex-officio delegates to the National Conference.
(g) Ex-officio delegates to the
National Conference shall have no voting power unless they are also duly
accredited delegates from Branches or Divisions.
3.No business shall be
placed on the Agenda Paper unless it reaches the General Secretary of the Party
at least seven weeks before the date of the Conference.
4.Only business remitted
either by the Divisional Conferences, the Divisional Liaison Committee, the National
Executive Council the National Women's Executive Committee, or Branches shall
be placed on the Agenda Paper.
5.The Agenda Paper shall
be issued to the Divisional Liaison Committee and Branches at least five weeks
before conference meets. Any amendment to the Agenda Paper shall be submitted
by Divisional Liaison Committee and Branches to the General Secretary of the
Party at least three weeks before Conference meets. The General Secretary . of
the Party shall circularise all amendments received to all delegates one week
before Conference meets.
6.Any business which
does not arise from motion on the Agenda Paper may be considered by Conference
with the consent of the majority of those present but no decision shall be
arrived at.
7.Any motion or
amendment affecting the pledge, platform or constitution shall be declared lost
if less than a majority of the delegates credentialled to the Conference vote
for it.
8.On all questions where
a vote is taken, any five
delegates may demand a
division, in which case the names of delegates voting for and against the
motion shall be minuted and published in the Official Report.
9.All Resolutions
carried in accordance herewith shall be binding on the Party
10. On all questions affecting members of the
Federal Parliament, the decision of the National Conference shall be final.
Pending consideration by the National Conference, the ruling of the National
Executive Council shall be binding.
11. Not later than six weeks after conclusion of
any National Conference a report of the matters discussed and the decisions
reached thereon shall be presented to each Divisional Liaison Committee and all
Branches.
12. An Extraordinary National Conference is
constituted in the same manner as the National Conference, but possessing final
authority in respect only to the particular matter for which the Extraordinary
National Conference was convoked.
13. The National Executive Council shall summon the
National Conference and any Extraordinary National Conference which it may
consider necessary, or which shall have been demanded by not less than
one-fourth of the total financial members of the Branches or affiliated
organizations. One month's notice of the Extraordinary National Conference
shall be given.
14. To secure the publication of an Official List
of Delegates attending the National Conference, the names and addresses of
Delegates appointed must be sent to the General Secretary not later than two
weeks before the opening of Conference.
15.1n the case of an
Extraordinary National Conference, the National Executive Council may appoint a
date prior to which such names and addresses shall be sent to the General
Secretary of the Party.
(B) Divisional
Conference
16. The Divisional Conference shall be held at a
date to be fixed by the Divisional Committee after consultations with the
Divisional Liaison Committee but not later than the 31 st May of each year.
17. Th。Divisional Conference shall be
constituted by the following:
DELEGATES:
(a) Delegates duly appointed by、each affiliated
organization to the number of one delegate for each 400 members or part thereof
on whom affiliation fees were paid for the year ending 31st December preceding
the Conference, Delegates must be Active Members of the Party
(b) Delegates duly elected by each Branch to the number
of one delegate for each 20 Active Members or part thereof from whom membership
fees were paid for the year ending 31 st. December preceding the Conference.
OFFICIO:
(c) Members of the Divisional Liaison Committee.
(d) Party Members serving in the Federal
Parliament, State Legislative Assembly, City. Municipal, Town and Local
Councils
(e) Party Candidates for all Councils' Elections
whose candidatures have been duly endorsed by their respective Divisional
Liaison Committee.
18. Ex-officio members of the Divisional Conference
shall have no voting power unless they are also duly accredited delegates.
19. A special Divisional Conference is constituted
in the same manner as the Divisional Conference, but possessing final authority
in respect only to the particular matter tor which the Special Divisional
Conference was convoked.
20. The Divisional Liaison Committee shall summon
the Divisional Conference and any Special Divisional Conference which it may
consider necessary, or which shall have been demanded by not less than
one-fourth of the total financial members of the Branches and affiliated
organizations. One month's notice of special Divisional Conference shall be
given.
21. To secure the publication of an Official List
of Delegates attending the Divisional Conference, the names and addresses of
Delegates appointed must be sent to the Secretary of the respective Division
not later than two weeks before the opening of Conference.
22. In the case of a Special Divisional Conference,
the respective Divisional liaison Committee may appoint a date prior to which
such names and addresses shall be sent to the Secretary of the respective
Division.
23. The quorum of a Divisional Conference shall be
one-third of the total delegates.
VI. NATIONAL EXECUTIVE COUNCIL
1.The National Executive
Council shall consist of a Chairman, two vice-Chairmen. General Secretary.
Treasurer, one representative form each Division and an equal number of members
as those nominated from Divisions to be elected by the National Conference from
Conference delegates.
2.At least one-third of
the members of the National Executive Council or seven whichever is the less
shall form a quorum at meetings of the National Executive Council.
3.The National Executive
Council shall -
(a) be the administrative
authority in carrying cut the decisions of the National Conference and in the
interpretation of the Constitution.
(b) be the only authority to
convene any meeting or conference to deal with any matter affecting the
Programme, Principles and Policy of the Party. Should any Divisional Liaison
Committee of the Party desire consideration of any question affecting the
Programme, Principles 卻d Policy of the Party, a request in writing
- must be made to the
General Secretary of the Party and the decision of the majority of the National
Executive Council on such request shall be final.
(c) summon the National Conference
in accordance with the Constitution and standing orders and also Extraordinary
National Conference when requisitioned by not fewer than two Divisional Liaison
Committee.
(d) present to the National
Conference a Report, covering the work and progress of the Party during its
term of office, together with an Audited Statement of its financial transactions.
(e) confer by correspondence or
meeting upon all matters affecting the general welfare of the Party.
(f) decide such matters as may be
referred to it by any Divisional Liaison Committee.
(g) be competent to hear appeals
on the decision of any Divisional Conterence or Divisional Liaison Committee.
The National Executive Council shall also be competent to hear and decided
appeals from decisions of any Divisional Conference, or of any Divisional
Liaison Committee on any matter affecting the Programme, Principles and Policy
of the Party or the attitude of any member, and further, to hear and decide any
appeal from any candidate for Federal Elections whose approval or endorsement
as a candidate has been withheld, or unduly delayed, for any cause which, in
the opinion of the National Executive Council affects the Programme, Principles
and Policy of the Party, or the attitude of any member thereto. The National
Executive Council's decision shall be binding subject to the right of appeal to
the National Conference.
(h) have plenary powers to deal
with and decide any matter which, in the opinion of at least five members of
the National Executive Council, affects the general welfare of the Labour
movement, provided that no decision of the National Conference shall be
abrogated under this rule. The National Executive Council's decision upon such
matter shall be binding , upon all members of the Party provided that any
Division, Branch or member affected shall have the right to appeal to the next
National Conference against such decision.
(I) have all matters affecting any Division submitted to the General
Secretary of the Party in duplicate. The General Secretary shall immediately
forward one copy to the Divisional Liaison Committee affected by the matter.
(j) in the case of any Divisional
Committee. Branch or Section of the Party acting or having acted in a manner
deemed by the National Executive Council to be contrary to the Constitution and
Stanaing Orders, the Programme. Principles and Policy of the Party as interpreted
by the National Executive Council, the National Executive Council may over-rule
such Divisional Liaison Committee, Branch or Section of the Party and or may
declare the same no longer exists, and shall set up in the place thereof an organization
competent to carry out the Constitution and Standing Orders, the Programme,
Principles and Policy of the Party. Such decision shall be subject to appeal to
National Conference, but pending the hearing of such appeal, the decision of
the National Executive Council shall operate. In the event of the National Executive
Council taking any action under the last preceding paragraph hereof, the
National Executive Council shall be the body to approve of any selection which
otherwise would have been made by the body affected by the National Executive
Council's decision.
(k) see that all decisions
involving an interpretation of the programme, Principles and Policy of the
Party, or the direction of members in accordance with the Constitution and
Standing Orders, the Programme, Principles and Policy of the Party, shall be decided
by a definite resolution which shall be voted upon and recorded, and not by a
ruling of the Party Chairman or Chairman presiding.
(l) have power to appoint (1) an
Organising Secretary for the purpose of (a) organising new Branches, (b)
reviving the inactive Branches and (c) generally to assist the Branches in
their expansion and Party activities. (2) an Executive Secretary for assisting
the administrative work and (3) a Research Officer for the preparation and
compilation of propaganda and other material for the Party.
VII.NATIONAL EXECUTIVE
COUNCIL MEETINGS
1.The National Executive
Council shall meet at least once in each quarter, and at such other times as circumstances
may necessitate. The date and place of such meeting shall be decided by a majority
of the National Executive Council members.
2.Meetings of the
National Executive Council shall be called by the Chairman and the General
Secretary, provided that, in the event of their refusal or neglect to do so,
the majority of the members of the National Executive Council may con-jointly
convene such meeting.
3.The Organising
Secretary, the Executive Secretary and the Research Officer shall attend all
meetings of the National Executive Council as ex-officio members. They can
speak but have no voting power.
4.Within six weeks of
the conclusion of any conference, a report shall be presented to each Branch,
affiliated organization and members of the National Executive Council. The
Branches and affiliated organizations shall be informed of any business affecting
them or any section of the Party which may be before the National Executive
Council and supplied with particulars in connection therewith which they
desire.
5.Should any representative
of the Divisional Liaison Committee or Branch be unable to attend a meeting of
the National Executive Council when summoned, he or she shall at once advice
his or her Drvisional Liaison Committee or Branch by the readiest means
available. The Divisional Liaison Committee or Branch may thereupon appoint a
substitute with such instructions as it may deem lit.
6.Vacancies occurring in
the representation of any Division or Branch may be filled by appointment by
the Divisional Liaison Committee or Branch concerned for the balance of the
term of the previous representative. Other vacancies are to be filled by the
National Executive Council with due regard to Conference polling.
7. Any member of the
National Executive Council absenting himself or herself for two consecutive
meetings without special leave of the National Executive Council shall vacate
his or her seat.
VIII.NATIONAL WORKING
COMMITTEE
1.There shall be a
National Working Committee comprising of the five principal National Office
Bearers and four members to be elected by and from the National Executive
Council at the its first meeting after the National conference every year.
2.The Executive
Secretary: the Organising Secretary
and the Research Officer
shall attend meetings of the National Working Committee as ex-officio members.
They can speak but have no voting rights.
3.The National Working
Committee shall meet at least once every month.
4.At least five members
of the National Working Committee shall form a quorum at meetings of the Committee.
5 The National Working Committee shall confine its functions to
matters delegated to it by the National Executive Council. In an emergency, the
National Working Committee is empowered to take appropriate decisions, but such
decisions must be ratified by the National Executive Council.
IX. DIVISJONAL COMMITTEE
1.There shall be a
Divisional Committee of the Party for each Division consisting of:
Chairman, 2
Vice-Chairmen, Secretary, Treasurer and 10 Committee Members.
2.All members of the
Divisional Committee must be Active Members of the Party.
3.The members of the
Divisional Committee shall be elected at the Annual Divisional Conference from
among Conference Delegates. Voting shall be by secret ballot.
4.The National Executive
Council after consultation with the Divisional Committee shall appoint:
(a) Not more than three OrQanising
Secretaries
(b) A Research Officer and
(c) An Executive Secretary
to assist the Divisional
Committee in its work. These officers shall be ex-officio with no voting power.
5.The Divisional
Committee shall meet at least once a month, and any member not attending
consecutively three of its ordinary meetings without special leave of the
Divisional Committee shall vacate his or her seat.
6.Vacancies are to be
filled by the Divisional Committee with due regard to Conference polling, while
vacancies in the appointment of three Organising Secretaries, one Research
Officer and one Executive Secretary shall be filled by the National Executive
Council, after consultation with the Divisional Committee.
7.The duties and powers
of the Divisional Committee shall include the following：
(a) To enforce the Constitution,
Standing Orders. Rules and Regulations, Programme, Principles and Policy of the
Party and to take steps that may be necessary for such purpose, whether by way
of disaffiliation of an organisation, or expulsion of an individual, or
otherwise. Any such action shall be reported to the next Annual Divisional
Conference, subject to the over-riding powers of the National Executive Council
and the National Conference.
(b) To pursue the Programme,
Principles and Policy of the Party as may be determined from time to time, by
Conferences.
(c) To ensure active co-operation
of Branches, affiliated organisations and all Electoral Councils within the
Division.
(d) To present to the Annual
Divisional Conference, National Executive Council and Branches o1 the Division
a report covering the work and progress oi the Party during its year of office,
together with a Financial Statement and Accounts duly audited. The Report,
Financial Statement and Accounts shall be sent to Delegates, Branches of all
Divisions and the National Executive Council at least-two clear weeks before
the Divisional Conference.
(e) To see that all its officers
and members conform to the Constitution, Rules and Standing Orders, Programme,
Principles and Policy of the Party.
X. DIVISIONAL LIAISON COMMITTEE
1.There shall be a
Divisional Liaison Committee in each State comprising of:
(a) Members of the Divisional
Committee
(b) A Representative of each
Branch in the Division.
2.The Divisional Liaison
Committee shall meet once every quarter. Its functions are to help the
Divisional Committee, by keeping them informed of opinions in the Branches on
issues pertaining to the Policy of the Division and other general matters.
3.The Divisional Liaison
Committee .shall be an Advisory Body.
XI. BRANCHES
1.A Branch of the Party
may be established in any centre, such Branch to consist of at least forty
adult members, twenty of whom shall form a quorum.
2.A Branch may form a Sub-Branch
in any centre where it has twenty Ordinary Members.
(a) Where a Sub-Branch has twenty
Active Members and whose total membership is at forty, it can apply to the
Divisional Committee for Branch status. On the approval of the Divisional
Committee the decision should be conveyed to the National Executive Council,
who shall issue a Certificate of Registration on being satisfied that such
sub-branch is fit to assume the status of a Branch.
(b) If in the opinion of the
Divisional Committee and the Branch to which the Sub-Branch is attached that
such sub-branch is in a position to function effectively as a Branch, then not
with standing the provisions pertaining to active membership of Clause 3 (a),
Branch status can be granted.
3.In order to prevent
overlapping, the-Divisional Liaison Committee may define the locality from
which any Branch membership may be taken.
XII.OFFICERS OF BRANCHES
1.The Branch Committee
shall consist of a Chairman, Vice-Chairman, Secretary, Treasurer and not more
than twelve members of Committee, elected by and from the members of the
Branch, and shall be elected annually. All officers shall be eligible for
re-election, Five shall form a quorum.
2.No member shall be
nominated for any office unless he or she is an Active financial member and
present at the time of nomination, or has given his or her consent in writing,
or satisfactory explanation in lieu thereof has been accepted by a majority of
members present. The National Executive Committee can grant exemption for one
year to Officers of New Branches formed under the provision of CHAPTER XI
Clause 3 (b) of the Constitution with regard to the requirement that they must
be Active Members.
XIII.BRANCH ELECTIONS
1.All elections shall be
by secret ballet,
2.Officers and members
of Committee and the Branch representative on the Divisional Liaison Committee
and delegates to the Divisional and National Conferences shall be elected at
the first meeting in February of each year. Only Active Members possessing the
preceding year's membership cards shall be entitled to be elected and only
Ordinary and Active Members possessing the preceding year's Membership cards
shall be entitled to vote.
3.Any officer or member
of Branch Committee absenting from three consecutive meetings (General or Executive),
without sufficient apology, shall be deemed 1o have vacated his or her seat.
XIV.ELECTORAL COUNCILS
1.There shall be
established in each Electorate, an Electoral Council composed of delegates
appointed by Branches within the Electorate on the following basis:
(a) 20 members and under....... 1
delegate
(b) 21 and up to 50 members....2
delegates
(c) 51 and up to 100 members ..…3
delegates
(d) 101 and one and up to 200 .. 4
delegates，
(a) over 200 members...........5 delegates
2.Each Electoral Council
shall be composed of not less than nine members but where the membership of
Branches in any Electorate is insufficient to elect nine members of the Council
on the above basis, the ratio shall be reduced sc as to enable at least nine
members of the Council to be appointed. Five shall form a quorum.
3.Branch delegates
appointed to an Electoral Council must be Active Financial members of the
Party.
4.The Electoral Council
at its annual meeting in March of each year, shall elect from its members a
Chairman, one Vice-Chairman, Secretary and Treasurer who shall constitute the
Electoral Council's Executive Committee.
5.Each Electoral Council
shall elect two Returning Officers.
6.General administrative
expenses of Electoral Councils shall be met from funds allocated hm， by the
Divisional Liaison Committee of their Division.
XV. CAMPAIGN COMMITTEES
1.Electoral Councils
shall constitute the Campaign Committees for their respective Electorates,
provided that affiliated organisations may appoint representatives to such
Committees on the basis to be decided by the Divisional Liaison Committee, and
provided further that a delegate is a member of the affiliated organisation he
or she represents and is a financial member of the Party for the previous one
year.
2.Affiliated
organisations shall contribute an amount of $10/- for each delegate so
appointed to the fund of the Campaign Committee.
3.The Campaign Committee
shall direct candidates' nominations and selection ballot and make all
necessary arrangements for the conduct of the Election Campaign.
XVI.WOMEN S ORGANIZATION
1.Electoral Councils may
appoint a Women's Organising Committee in their respective electorates for the
purpose of organising the women's votes at all Elections and to deal with
political matters directly affecting women and children.
2.The Women's Organising
Committees shail.submit progress reports to their respective Electoral
-Councils at least once every month.
XVII. ELECTION OF CANDIDATES
1.The Divisional Liaison
Committee shall co-operate with the Electoral Council for each Electorate in
selecting a Candidate for any Election. In the case of candidates for election
to the House of Representatives, candidates shall be endorsed by the National
Executive Council before they can be accepted.
2.The selection of a
Candidate for Elections shall be conducted by the electoral Council
3.The Electoral Council
shall call for nominations from members of Branches in its' Electorate and
choice of the candidate or candidates the case may be it shall be by ballot
vote of all members of Branches in that Electorate.
4.All candidates'
nominations must be immediately submitted by the Electoral Councils to the Divisional
Liaison Committee for approval and endorsement, or otherwise, except for
candidates for Federal Council Elections, where the final authority is the
National Executive Council.
5.In the event of a
candidature being turned down by the Divisional Liaison Committee, attempts
shall be made by the Divisional Liaison Committee to acquaint members of the
Branches in that Electorate where the candidature is rejected: of the salient
reasons lor such rejection and another suitable candidate to be agreed by all
concerned nominated and elected by the Branch members.
6.The rejected
candidate, if he or she is dissatisfied with such decision, reserves the right
to appeal to the National Executive Council whose decision shall be final and
shall not be challenged in any court of law.
7.Where 1he candidature
is insisted upon by the Electoral Council although rejected by the Divisional
Liaison Committee, the matter shall be referred to the National Executive
Council and the decision of the National Executive Council shall be binding on
all members.
8.In the case of
candidates for election to the House of Representative where the authority
involved is the National Executive Council, then any dispute・in
the matter of candidature shall be referred to a National Conference specially
convened for that purpose to decide, and the decision of the National
Conference shall be binding on all members.
No candidate shall be
endorsed by the Divisional Liaison Committee or the National Executive Council
until it has received an undertaking by the Electoral Council sponsoring the
candidate that the election expenses of the candidate are guaranteed.
The selection of
Candidates shall be carried out at least six months before all Elections.
XVIL CONDITIONS OF
CANDIDATURES
A.candidate for
selection and endorsement must
(a) be an Active financial member
of a Branch of the Party for not less than one year previous to nomination. The
National Executive Council may suspend this clause to suit the circumstances：
(b) not be a member of a Political
Party or organization ancillary or subsidiary thereto declared by National
Conference to be ineligible for affiliation to the Labour Party;
(c) accept and conform to the
Constitution, Standing Orders： Rules and Regulations. Programme. Principles and
Policy of the Party: and
(d) undertake to accept and act in
harmony with the Standing Orders of the Labour Group in any Council.
Any candidate who, alter
election, fails to accept or act in harmony with the Standing Orders of the
Labour Group in any Council shall be considered to have violated the terms of
this Consitution.
XIX.SELECTION VOTERS*
QUALIFICATIONS
1.Branch members subject
to the qualification following, shall be entitled to vote in selection Ballots
under the following conditions of residence and electoral eligibility, but not
otherwise:
(a) that he or she resides in the
Electorate for which the selection ballot is taken; and
(b) subject to the conditions
above the qualifications following, a member of a Branch transferred from
another Electorate on cleanrance, shall be entitled to vote in selections.
2.Ordinary and Active
Members of Branches, subject to the conditions above, shall be entitled to vote
in selection ballots provided they have been financial members of the Party for
a period of three months immediately preceding the date of the Selection
Ballot, and whose names accordingly appear on the Branch Membership Roll.
XX. VOTING PROCEDURES
1.All voting shall be by
show of hands, except for election of office-bearers of Branches Electoral
Councils, Divisional Liaison Committee, the National Executive Council, etc. of
the Party and selection of candidates for all Council Elections, which shall be
by secret ballot vote.
2.At any meeting, a
member shall have the right to demand for a secret ballot vote and at any
conference □ delegate shall have the right to
demand for a card vote which shall be acceded to without any further
discussion.
3.All matters shall be
decided by a simple majority.
4.If a card vote is
demanded,, voting at National or Divisional Conference shall be by cards on the
following basis
(a) For National Conference, each
Division shall be entitled to one card vote for every one hundred Ordinary and
Active members, or part thereof, and one card vote for every five hundred
members of an affiliated organization, or part thereof - the total votes for
each Division shall be shown in one card to be given to Principal Delegate of
each Division.
Each Branch shall be entitled
to one Card vote for every two hundred Ordinary and Active members or part
thereof but the total votes shall not exceed three - the total votes for each
Branch shall be shown in one Card to be given to the Principal Delegate of each
Branch.
(b) For Divisional Conference,
each Branch shall be entitled to one Card vote for each twenty individual
members or part thereof and each affiliated organisation shall be entitled to
one Card vote for every two hundred members oi pan thereof - the total votes for
each Branch or affiliated organisation shall be shown in one Card to be given
to the Principal Delegate of each Branch or affiliated organisation.
5.Voting at
Extra-ordinary National Conference or Special Conference of the respective.
Division will be on the same basis as those upon which voting took place at the
preceding National or the respective Divisional Conference.
XXI.FINANCE AND FUNDS
1.All moneys of the
Party which are not required for approved current expenses shall be deposited
by the Treasurer to the credit of the Party's account in a Bank or Banks to be
approved by the National Council, such Bank account or accounts to be in the
name of the Party.
2.All money in the hands
of the Treasurer o1 a Division shall similarly be deposited to the credit of
that Division's account in a Bank or Banks to be approved by that Divisional
Liaison Committee.
3.All cheques on the
Party's account shall be signed by the Chairman, General Secretary and
Treasurer of the Party. In the absence of any one of them, the National
Executive Council shall appoint one of its members to sign in place of the
absent officer.
4.All cheques on the
Division's account shall be signed by the Chairman Secretary and Treasurer of
the Division. In the absence of any one of them, the Divisional Liaison
Committee shall appoint one of its members to sign in place of the absent
officer.
5.The General Secretary
and Treasurer of the Party may each be allowed a petty cash advance of an
amount not exceeding $50/- (fifty dollars) at any one time. The Secretary and
Treasurer of a Division may each be allowed a petty cash advance of an amount
not exceeding $25/-(twenty five dollars) at any one time.
6.Should any Branch of
the Party defunct, or be declared bogus by the National Executive Council： all funds and
other properties in the possession of such defunct or bogus Branch shall be
handed over to the Divisional Liaison Committee on the direction of the
National Executive Council. They shall be disposed of as the Divisional Liaison
Committee may decide subject to a report being made to the National Executive
Council as to its disposal.
7.Should any Division be
declared bogus by the National Executive Council, all funds and other
properties in the possession of such bogus Division shall be handed over to the
National Executive Council. They shall be disposed of as the National Executive
Council may decide. In the event of an appeal from the Division being made to
the National Conference, such disposal shall
not be made until final
decision by the National Conference.
8.Funds raised for
special purposes by Women's Organization or other Committees appointed by the
Branch or Division shall be in the keeping of the Treasurer of the Branch dr
Division. All balances, with proper audited accounts must be prepared by all
Treasurers and submitted to their respective Secretaries,
9.The Divisional*
Executive Committee shall be supplied with a copy of the audited accounts from
Branches, Electoral Councils, Campaign Committee, etc, in its Division within
two months after the close of each financial year.
10. The National Executive Council shall be
supplied with a copy of the audited accounts from Divisional Liaison Committee
not later than the 31st May in each year.
11. The National Executive Council and the Divisional
Liaison Committee shall have power to inspect the accounts of the Branches at
any time it may so desire. It shall also have power to appoint auditors to
check the accounts of the Branches or any other sub-committees appointed by the
Branches to raise funds. All funds collected by the Branches and sub-committees
shall be the common property of the Party.
XXII. AUDITORS
1.There shall be
appointed in accordance with the Standing Orders at each National Conference
two delegates to act as Auditors of the Party Accounts to be submitted at
Annual Conferences next succeeding that at which they are appointed.
2.They shall not be
members of the National
Executive Council. ,
3.There shall be
appointed at each Divisional. Conference two delegates to act as Auditors of
the Division.
4.They shall not be
members of the Divisional Liaison Committee.
5.The Auditors of a
Division shall also act as Auditors of accounts of Branches, Electoral
Councils, Campaign Committees, Divisional Liaison Committee, Sub-Committees and
Women's Organization in the Division. f
6.Each Branch shall
appoint at its Annual General Meeting two members to act as Internal Auditors
of the Branch.
XXIIL ALTERATION TO
CONSTITUTION AND RULES
1.The existing
Constitution, Rules and Standing Orders, or any part thereof, may be amended,
rescinded, altered, or additions made thereto, by Resolution carried on a Card
vote at National Conference (in the manner provided for in the Constitution),
Notice of Resolutions embodying any such proposals must be sent in writing to
the General Secretary at the Office of the Party as provided in the
Constitution and Standing Orders All additions or amendments made to existing
constitution and rules shall not be enforced without the prior permission of
the Registrar of Societies.
XXIV. EXPULSION
1.Any member disobeying
the Party's Constitution, Standing Orders, Rules and Regulations Programme.
Principles and Policy, or causing dissension and division in the Party, or in
expressing or acting in any manner considered harmful to the Party, shall be
called upon to show cause why he or she shall not be expelled from the Party by
the Divisional Committee or the National Executive Council.
2.The Divisional
Committee or the National Executive Council shall then make a decision to expel,
vary the punishment or otherwise as it deems fit under the circumstances. Any
decision of the Divisional Committee on expulsion shall be conveyed to the
member concerned and to the National Executive Council.
3.Any member not
satisfied with the expulsion has the right to appeal to the National Executive
Council, whose decision shall be final and shall not be challenged in any court
of law.
4.The National Executive
Council may at any time rescind an expulsion order of- the Divisional Committee
or any expelled member may after a period of not less than one year apply to
the National Executive Council for re-admission to the Party. For expulsion by
the National Executive Council, the member shall have the right to appeal to
the National Conference whose decision shall be final and not challenged in any
court of law.
XXV. DEFINITIONS
In this Constitution :
(a) Malaya1 means the
Federation of Malaya.'
(b) Division means a State in the Federation of Malaya.
(c) ‘Adult’
means a person of the age of twenty one or above.
(d) Financial Member means a member who has paid
his or her subscription in accordance with the provisions the Constitution.