REVISED CONSTITUTION OF THE LABOUR PARTY OF MALAYA, 1967

马来亚劳工党文献汇编

REVISED CONSTITUTION OF THE LABOUR PARTY OF MALAYA, 1967

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 at 432-D, Jalan Tuanku Abdul Rahman, Kuala Lumpur.

II. OBJECTS

The objects of the Party are:-

1.To strive for the establishment of a United Democratic and Socialist State of Malaya.

2.To organise and maintain in Malaya a Political Labour Party.

3.To co-operate with Workers, Peasants, Socialist and Co-operative Organisations within the Federation of Malaya, in joint political action in harmony with the Party Constitution.

4.To give effect as far as may be practicable to the principles from time to time approved by the Party Conference.

5.To secure for the workers by hand or by brain the full fruits of their industry and the most equitable thereof that may be 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 those 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 ordinary members only.

2.(a) Every member of the Party, every officer performing executive functions in such Party and every adviser, shall be Federal citizens.

(b) Every member shall have a right to vote and shall be eligible to hold office in the committee or governing body in the Party.

3.Ordinary Members shall be Federal Citizens 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.All Ordinary 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 Member of the Party shall pay an Entrance Fee of $1.00 and a minumum membership fee of $2.00 yearly to the Party.

2.Forty percent of all individual membership fees shall be retained by the Branch to meet general administrative expenses of the Branch. Thirty percent shall be sent to the National Executive Council and thirty percent shall be sent to the Divisional Working Committee for general administrative expenses of those bodies.

3.All membership fees shall be paid not later than the 30th June of each current year.

4.A person intending to become 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 membership fee for one year must accompany the application. In case of rejection by the Branch, the person can appeal to the Divisional Working Committee and to the National Executive Council whose decision shall be final. A refund of membership fee shall be made to every rejected applicant.

V. PARTY CONFERENCES

(A) National Conference

1.The National Conference is the supreme ruling authority of the Party and shall be held in August, biennially at such place as shall be decided by the National Executive Council or by the previous National Delegates Conference.

2.Delegates：

(a) Each Division shall also be entitled to one delegate for every two hundred Members or part thereof on whom dues were paid for the year ending 31st December preceding the Conference.

(b) Each Branch shall be entitled to send delegates on the basis of one delegate for every two hundred Members or part thereof up to a maximum of three on whom dues were paid for the year ending 31st December preceding the Conference. No Branch with less than one hundred members shall be eligible to such representation.

(d) Party members serving in the Dewan Ra'ayat, < State, City, Municipal, Town, District, Rural and Village Councils are ex-officio delegates to the National Conference.

(e) 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 Conference.

4.Only business remitted either by the Divisional Delegates Conferences, the Divisional Working Committee, the National Executive Council, National Women's Executive Committee, or Branches shall be placed on the Agenda Paper.

5.The Agenda Paper shall be issued to the Divisional Working Committee and Branches at least five weeks before conference meets. Any amendment to the Agenda Paper shall be submitted by Divisional Working Committee and Branches to 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, one fifth of the 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 Dewan Raayat, the decision of the National Conference shall be final. Pending consideration by the National Delegates Conference, the ruling of the National Executive Council shall be binding.

11. Not later than three weeks after conclusion of any National Delegates Conference, a report of the matters discussed and the decisions reached thereon shall be presented to each Divisional Working Committee and all Branched.

12. An Extra-ordinary National Conference is constituted in the same manner, 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 Delegates Conference and any Extraordinary National Delegates 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. 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 Delegates Conference, the names and address of Delegates appointed must be sent to the General Secretary not later than two weeks before the opening of Conference.

15.In the case of a special National Delegates Conference, the National Executive Council shall appoint a date, and the names and addresses of the delegates shall be forwarded to the General Secretary oi the Party before the appointed date.

16. The quorum for a National Delegates Conference shall be 1/3 of the total delegates.

(B) Divisional Delegates Conference

17. The Divisional Delegates Conference shall be held at a date to be fixed by the Divisional Working Committee but shall not be later than the 31st May of each year.

18. The Divisional Delegates Conference shall be constituted by the following:

DELEGATES:

(a) Delegates duly elected by each Branch to the number of one delegate 1or each 20 Active Members or part thereof from whom membership fees were paid for the year ending 31 st. December preceding the Conference.

EX-OFFICIO:

(b) Members of the Divisional Working Committee.

19. Ex-officio members of the Divisional Delegates Conference shall have no voting power unless they are also duly accredited delegates.

20. A special Divisional Delegates Conference is constituted in the same manner, but possessing final authority in respect only to the particular matter for which the Special Divisional Delegates Conference was convoked.

21. The Divisional Working Committee shall summon the Annual Conference and any Special 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 afiiliated organizations. One month's notice of special Divisional Conference shall be given.

22 To secure the publication of an Official List of Delegates attending the Divisional Delegates 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.

23. In the case of a Special Divisional Delegates Conference, the respective Divisional Working Committee may appoint a date prior to which such names and addresses shall be sent to the Secretary of the respective Division.

24. The quorum of a Divisional Delegates 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, 3 Assistant General Secretary. Treasurer, one representative from each Division and an 12 Executive Council to be elected by the National Conference from Conference delegates:

2.At least one-third of the members of the National Executive Council shall form a quorum at meetings of the National Executive Council.

3.The National Executive Council shall：-

(a) be the administrative authority in carrying out the decisions of the National Delegates Conference and in the interpretation of the Constitution.

REVISED CONSTITUTION! OF THE LABOUR PARTY OF AAALAYA. 1967

(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 Working Committee of the Party desire consideration of any question affecting the Programme, Principles and 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 Delegates Conference in accordance with the Constitution and Standing Orders and also Extra-ordinary National Delegates Conference when requisitioned by not fewer than two Divisional Liaison Committee.

(d) present to the National Delegates 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 Delegates Conference, or Divisional Working Committee where leave to appeal is granted to appellants by Divisional Delegates Conference or the Divisional Working Committee concerned. The National Executive Council shall also be competent to hear and decide appeal from decisions of any Divisional Delegates Conference, or of-any Divisional Working Committee on any matter affecting the Pragramme, 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, 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 Delegates 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 Delegates 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 Delegates 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 Working Committee affected by the matter.

(j) in the case of any Divisional Working 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 Standing Orders, the Programme, Principles and Policy □f the Party as interpreted by the National Executive Council, the National Executive Council may over-rule such Divisional Working 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 organisation 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 Delegates 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) (a) have power to appoint organisers for the purpose of (i) organising new Branches,(ii)reviving the inactive Branches and (lii) generally to assist the Branches in their expansion and Party activities.

(b) have power to appoint one executive secretary to assist the party work.

(m) have power to sanction any member who violates the interests of the Party and shall also include such power to expelt or suspend such member from the Party. The National Executive Council shall then refer such decision to the Division concerned who shall thereafter act upon the said decision. If the Division concerned disagrees with the National Executive Council's decision, the Division may request to convene a National Executive Council meeting in order to explain to the National Executive Council its erroneous measures. The General Secretary, shall at the request of the Division concerned, convene the said meeting and inform ail the members of the National Executive Council and the Divisional representatives. The decision shall be approved by three-quarters of those present at this said meeting and whose decision shall be final.

4.Power and Functions of Office-bearers：

(a) The Chairman shall preside at all meetings of the National Delegates Conference, the National Executive Council and the National Working 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.

(b) The Vice-Chairman shall assist the Chairman in his function and shall preside at the meetings of the party in his absence.

(c) The General Secretary shall be responsible for the conduct of all correspondence and keep alI books, documents and papers except the financial records. He shall keep a complete and correct record of the minutes of the meeting and generally carry out the decisions of the National Delegates Conference and the National Executive Council.

(d) The Assistant General and Executive Secretaries shall assist the General Secretary in his duties.

(e) The Treasurer shall be responsible for the finances of the party and shall keep a proper account of all its financial transactions. He shall prepare in a proper a proper balance sheet and receipts and payments account for presentation at the Biennial Delegates Conference. The treasurer shall only make such payments and incur such expenditure as authorised by the National Executive Council or the Working Committee.

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 at the Headquaters of the Party at 432-D, Batu Road, Kuala Lumpur or at such other places as may be deicded by the National Executive Council. The date 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.Organising Secretary, Executive Secretary and Research Officer shall be the ex-officio at the National Executive Council but shall have no voting rights.

4.Within two weeks of the conclusion of any conference, a report shall be presented to each Branch, and members of the National Executive Council. The Branches 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 Working 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 Divisional Working Committee or Branch by the readiest means available. The Divisional Working Committee or Branch may thereupon appoint a substitute with such instructions as it may deem fit.

6.Vacancies occurring in the representation of any Division or Branch may be filled by appointment by the Divisional Working 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.The National Working Committee shall consist of eight principal officers and five executive members of the National Executive Council. These five National Executive Council members shall be appointed at the first meeting of the National Executive Council, after the National Delegates Conference.

2.One organising secretary, executive secretary, research officer shall be ex-officio at the National Working Committee. They shall have no voting rights.

3.The National Working Committee shall meet at least once every month.

4.The quorum for the National Working Committee shall be seven. .

5.The duties of the National Working Committee shall be to carry out the decisions of the National Executive Council. In case of an emergency, the National Working Committee shall have the power to make necessary decision but such decision shall be presented at the National Executive meeting for sanction.

IX. DIVISIONAL WORKING COMMITTEE

1.Where there are 2 or more branches in a State, the National Executive Council may set up a division for that State to be managed by the Divisional Working Committee constituted in accordance with these rules. Approval for the establishment of such divisions shall be by a resolution passed by a majority of the National Executive Council

2.The Divisional Working Committee shall consist of:

A Chairman, 2 Vice-Chairmen, a Secretary, 2 Assistant Secretaries, a Treasurer and ten Committee Members.

3.Duties of office-bearers of Division.

(i) The Divisional Chairman shall during his term of office preside at all Divisional Delegates Conferences and all meetings of the Divisional Committee and shall be responsible for the proper conduct of all such meetings. He shall have a casting vote and shall sign the minutes of such meeting at the time they are approved. He shall, in conjunction with the Divisional Secretary and Treasurer, sign all cheques on behalf of the party.

(ii)The Divisional Vice-Chairman shall deputise for the President or Chairman during the latter’s absence.

(iii)The Divisional Secretary shall conduct the business of the Division in accordance with its rules and shall carry nut the instructions of the delegates Conference and of the Divisional Working Committee He shall be responsible for conducting a 11 correspondence and keeping all books, documents and papers except the accounts and financial records. He shall attend all meetings, and record the proceedings. In conjunction with the Chairman and the Treasurer he shall sign all cheques on behalf of the Division.

(iv)The Assistant Divisional Secretaries shall assist the Divisional Secretary.

(v) The Treasurer shall be responsible for the finances of the Division. He shall keep accounts of all financial transactions of the Division and shall be responsible for their correctness. He snail, in conjunction with the Divisional Chairman and the Divisional Secretary sign all cheques on behalf of the Division. He shall only make such payments and incur such expenditure as authorised by the Divisional Working Committee.

4.All members of the Divisional Working Committee must be financial Members of the Party.

5.The members of the Divisional Working Committee shall be elected at the Annual Divisional Delegates Conference by secret ballot.

6.Only one Divisional Working Committee shall be formed in each Stale. A Divisional Working Committee shall comprise of not less than two Branches.

7.The Divisional Working 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 Working Committee shall vacate his or her seat.

8.Vacancies are to be filled by the Divisional Working Committee with due regard to Conference polling, while vacancies in the appointment of several Organising Secretaries, one Research Officer and one Executive Secretary shall be filled by the National Executive Council, after consultation with the Divisional Committee.

9.The duties and powers of the Divisional Working 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 expulsion of an individual member or by taking disciplinary action, Any such action shall be reported to the next Annual Divisional Delegates Conference subject to the over-riding powers of the National Executive Council and the National Delegates Conference.

(b) To pursue the Programme, Principles and Policy of the Party as may be determined, from time to time by Conferences.

(d) To present to the Annual Divisional Delegates Conference, National Executive Council and Branches a report covering the work and progress of 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 and the National Executive Council at least two clear weeks before the Divisional Delegates 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.

10. The quorum for a Divisional Working Committee shall be 5.

X.DIVISIONAL LIAISON COMMITTEE

1.A Liaison Committee shall be established in each State This committee shall consist of:・

(a) All the members of the Divisional Committee.

(b) Each branch shall send a representative.

2.The Divisional Liaison Committee shall meet once every quarter year, its duty is to assist the Divisional Working Committee and through this Liasion Committee, the brances shall convey its policy and views to the Divisional Working Committee.

3.The Divisional Liaison Committee shall be an Advisory Body.

4.The quorum for the Divisional Liaison Committee shall be 7.

XI. BRANCHES

1.The National Executive Council or the Divisional Working Committee may set up a Branch in any place, town, village or centre where there are at least 40 members in accordance with these rules. Twenty members shall form a quorum at a Branch General Meeting.

2.(a) The organising secretary or person nominated by the National Executive Council or the Divisional Working Committee shall convene a meeting of the members in a town, village or centre and cause an election to be held to elect the office-bearers of the branch who shall hold office until the next Annual General Meeting of the Branch,

(b) The organising secretary or nominees shall within 7 days of such election send 4 copies of the list of office-bearers to the Registrar of Societies and one copy each to the Divisional Secretary and General Secretary.

(c) On being approved by a resolution passed by a majority of the National Executive Council, the Branch shall come into existence and shall comply with the rules of this Constitution and the requirements of the Societies Act 1966

3.The National 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 party or decisions of the National Delegates Conference or the National Executive Council or if in the opinion of the National Executive Council guilty of conduct detrimental to the party.

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

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. Any branch aggrieved by an order of dissolution may, by notice in writing to the General Secretary within 32 days of its receipt, lodge an appeal to the National Delegates Conference. Not withstanding such appeal, the order of dissolution shall be operative until set aside, but in such circumstances the National Executive Council may appoint from among its members a caretaker committee to deal with the affairs of the Branch pending the hearing of the appeal.

6.In the event of a Branch being closed for the reason stated in paragraph 3(a) of this Rule, the National Executive Council shall transfer the remaining members to the nearest Branch, and in the event of a Branch being closed for reason stated in paragraph 3(b) of this Rule, the members shall cease to be members of the party

7.It shall be the responsibility of the Chairman, the Secretary and the Treasurer of such Branch to deliver to the General Secretary or as directed by him 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.

XII.OFFiCERS OF BRANCHES

1.The Branch Committee shall consist of a Chairman, 2 Vice-Chairman, Secretary, Assistant 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 reelection: 7 shall form a quorum.

(a) The Branch Chairman or in his absence the Branch vice-chariman shall preside at all meetings of the branch.

(b) (i) The Branch secretary shall maintain a proper record of the members and the minutes of all meeting of the Branch.

(ii) He shall supply lists of office-bearers after each branch election to the General Secretary Divisional Secretary and The Registrar of Societies.

2.The quorum for an Electoral Working Committee shall be five.

3.No member shall be nominated for any office unless he or she is 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.

XIII.BRANCH ELECTIONS

1.All elections shall be by secret ballet. *

2.Officers and members of Committee and the Branch representative on the Divisional Working Committee shall be elected at the first meeting in February of each year. Only 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 to 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)40 to 50 members.......1 delegate

(b)51 to 100 members.......2 delegates

(d)over 200 members........4 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 so 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.General administrative expenses ot Electoral Councils shall be met from funds allocated to them by the Divisional Working Committee of their Branches.

XV. ELECTORAL WORKING COMMITTEES

1.The Electoral Working Committee shall direct candidtes’ nominations and selectiona ballots and make all necessary arrangements for the conduct of the Election Campaign.

2.The quorum for an Electoral Working Committee shall be five.

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 shall submit progress reports to their respective Electoral Councils at least once every month.

3.The quorum at a women's committee shall be five.

XVII.SELECTION OF CANDIDATES

1.The Divisional Working Committee shall cooperate with the Electoral Council for each Electorate in selecting a Candidate for any Election. In the case of candidates for the Federal Elections, all 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, as the case may be, 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 Working 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 Working Committee, attempts shall be made by the Divisional Working Committee to acquaint members of the Branches in that Electorate where the candidature is rejected, of the salient reasons for 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 the candidature is insisted upon by the Electoral Council although rejected by the Divisional Working 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 Federal Elections, 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 Council shall be final. The Chairman of the National Executive Council shall have the casting vote.

9.No candidate shall be endorsed by the Divisional Working 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.

10.The selection of Candidates shall be carried out at least 2 months before all Elections.

XVIl.CONDITIONS OF CANDIDATURES

1.A candidate for selection and endorsement must

(a) be 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;

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.

2.Any candidate who, after election, fails to accept or act in harmony with the Standing Orders of the Labour Group in any Council shall 酒 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.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 which shall be acceded to without any further discussion.

3.All matters shall be decided by a simple majority.

4.Voting at Extra-ordinary National Delegates Conference or Divisional 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 Executive Council, such Bank account or accounts to be in the name of the Party.

2.All money in the hands ©f the Treasurer of 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 Working Committee.

3.All money of a branch shall be deposited in a Bank and shall be jointly operated by the Branch Chairman. Branch Secretary and Branch Treasurer. The treasurer may hold a petty cash advance not exceeding $25/- at any time.

4.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 1o sign in place oi the absent officer.

5.All cheques on the Division's account shall be signed by the Chairman, Secretary and Treasurer ol 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.

6.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.

7.Should any Branch of the Party become 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 Working Committee on the direction of the National Executive Council. They shall be disposed of as the Divisional Working Committee may decide subject to a report being made to the National Executive Council as to its disposal.

8.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 Delegates Conference, such disposal shall not be made until final decision by the National Delegates Conference.

9.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 or Division. All balances, with proper audited accounts must be prepared by all Treasurers and submitted to their respective Secretaries.

10.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.

11.The National Executive Council shall be supplied with a copy of the audited accounts from Divisional Working Committee not later than the 31st May in each year.

12.The National Executive Council and the Divisional Working 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 Delegates 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 or the Treasurer of the Division.

3.They shall be appointed at each Divisional Delegates Conference two delegates to act as Auditors of the Division.

4.They shall not be members of the Divisional Working Committee or the Treasurer of the Branch.

5.They shall also act as Auditors of accounts of Branches, Electoral Councils, Campaign Committees, Divisional Working Committee, Subcommittees and Women* s Organization in the Division.

6.The Branches shall appoint their Auditors at the Branches' Annual General Meeting.

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 Delegates 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 acting in any manner considered harmful to the Party, shall be called upon to show cause why he or she shall not be expelled trom the Party by the Divisional Working Committee or the National Executive . Council.

2.The Divisional Working 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 and the

decision of the Working Committee 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 Executives 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 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. Any member expelled by the National Executive Council, has the right to appeal to the National Delegates Conference whose decision shall be final and shall not be challenged in any court of law.

XXV. DEFINITIONS

In this Constitution :

(a) 'Malaya1 means the Federation of Malaya.

(b) 'Division' means a State or Settlement in the Federation.

XXVL OFFICIAL EMBLEM

1.The official emblem of the Party shall be the emble which is the following design：

2.The pen and the changkol representing the workers and peasants; the industrial wheel representing the industrial workers and natioanl unity.

3.The colours of the Party are red and yellow.

4.The official emblem shall also be the emblem of the Party's flag, badge and insignia.

Dated: 25th October 1966

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REVISED CONSTITUTION OF THE LABOUR PARTY OF MALAYA, 1967

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