IKMAL's Constitution (AS AMENDED ON 28th of September 2021)

CONSTITUTION
IKHTISAS KELAUTAN MALAYSIA /ASSOCIATION OF MALAYSIA’S MARITIME
PROFESSIONALS (IKMAL)

CLAUSE 1 NAME

1. The Association shall be known as
IKHTISAS KELAUTAN MALAYSIA /ASSOCIATION OF MALAYSIA’S MARITIME
PROFESSIONALS (IKMAL)
Hereinafter referred to as “the Association”.

2. Meaning of name :

3. Level : Kebangsaan

CLAUSE 2 ADDRESS

1. The registered address is
IKHTISAS KELAUTAN MALAYSIA, 1-06-03, JALAN LAZUARDI 7/29, SECTION
7, 40000 SHAH ALAM,
40000
or at such other place as may from time to time be decided by the Committee; and
the postal address is
IKHTISAS KELAUTAN MALAYSIA, 1-06-03, JALAN LAZUARDI 7/29, SECTION
7, 40000 SHAH ALAM,
40000

2. The registered and postal addresses shall not be changed without the prior
approval of the Registrar of Societies.

CLAUSE 3 OBJECTIVE

3.1. To represent, promote and protect the interests and welfare of
IKMAL’s registered members by complying with generally recognized international
standard operating procedures which will be monitored by its permanent Secretariat
through its international links and affiliations worldwide.

3.2. To provide an organization and membership for such persons, who are
practicing or desirous to practice the maritime profession and its marine-related
activities and to promote the know-how, interests and technical competence of such
persons as well as to enhance their continual professional development.

3.3. To promote and provide opportunities for the exchange of views amongst
members of IKMAL and others and to encourage and promote the delivery of
lectures, reading and discussion of papers relating to marine and its maritime
related works and other topics of interest to members of IKMAL by conducting
seminars, conferences and the like for the dissemination of information and
exchange of opinions and viewpoints on professional maritime-related topics.

3.4. To serve as the national competent maritime practitioners’ body which provides
expert assistance, consultations and dissemination to persons, corporations and
technological transfer programs related to maritime management and information
exchange initiated by the Malaysian Government with relevant maritime
organizations, be it local or abroad.

3.5. Professional Development Programme:

3.5.1. IKMAL shall initiate and encourage the initial Continual Professional
Development (CPD) programme as an obligation for all members to attain and
maintain maritime professional competency.

3.5.2. All members are encouraged to pursue their Professional Development
programme to advance their careers and contribute to business performance and
image building for the maritime industry. The Continual Professional Development
obligations of IKMAL will be encouraged and promoted through:

3.5.2.1. establishing professional criteria and the setting of standards and a Code of
Ethics required for all categories of membership;

3.5.2.2. providing advice to members on their professional development plan and
the maintenance of documentary evidence of same;

3.5.2.3. the presentation of technical papers and/or the holding of Workshops,
Conferences and Seminars;

3.5.2.4. the circulation of maritime related journals and other materials, including
notices relevant for the professional development of IKMAL members.

3.6. To act as a maritime professional body and exercise its function in the
registration and maintenance of records of its members and to regulate and control
the growth of Malaysia’s maritime professionals at all levels.

CLAUSE 4 MEMBERSHIP

4. MEMBERSHIP
(Note: Any reference to gender shall be applicable to both sexes)

4.1. Types of Membership

4.1.1. Fellow
4.1.1.1. The Council is empowered to confer Fellowship upon any Ordinary
Member, who shall satisfy the Council that he:
has been a member of IKMAL for at least five (5) continuous years;
has attained a superior position of responsibility in the maritime field for at least
three (3) years;
should have made a significant contribution to the objectives of IKMAL and/or to the
maritime industry;
should not be less than 35 years of age.

4.1.1.2. The Council has established a Fellowship Committee, comprising of senior
members of IKMAL, to review and make recommendations for the nomination of
prospective Fellows amongst its members. The decision by the Council to confer
Fellowship must be with the approval of not less than two thirds of Council’s
membership.

4.1.1.3. Not more than two (2) Fellows shall be elected in any one (1) year.

4.1.2. Honorary Fellow
4.1.2.1. Honorary Fellow shall be conferred by IKMAL on any person who holds a
position of respect or of honour and who has rendered distinguished service to
IKMAL and/or the maritime profession.

4.1.2.2. Not more than two (2) Honorary Fellows shall be elected in any one (1)
year.

4.1.3. Ordinary Membership
4.1.3.1. Every candidate for election or transfer to the class of Ordinary Member
shall satisfy the Council that he:

(a) is a holder of one of the following qualifications or equivalents:
i) Master or Chief Mate of 3,000 Gross Tons (GT) or more on unlimited voyage;
ii) Chief Engineer Officer or Second Engineer Officer of 3,000 kiloWatts (kW) or
more on unlimited voyage;
iii) Master or Chief Mate of 3,000GT or more and between 500GT and 3,000GT on
near coastal voyage;
iv) Chief Engineer Officer or Second Engineer Officer of 3,000kW or more and
between 750kW and 3,000kW on near coastal voyage;
v) Officer in charge of a navigational watch of 500 GT or more or Officer in charge
of an engineering watch of more than 750KW;
vi) Master or officer in-charge of navigational watch of less than 500GT on near
coastal voyage;
vii) Master or Mate of less than 500GT on domestic voyage;
viii) Engineer officer of less than 750kW on domestic or near coastal voyage;
ix) Degree in maritime field with one (1) year relevant experience or other degrees
with two (2) years continuous experience in the maritime field;
x) Pilot Licence acceptable to the Council;
(b) is a holder of any relevant qualification acceptable to the Council.

4.1.4. Associate Member
To be eligible for Associate membership, every candidate must satisfy the Council
that he:

4.1.4.1. is at least 19 years old;

4.1.4.2. is involved in the maritime field and holding qualifications and experience
other than that of an Ordinary Member.

4.1.5. Student Member
To be eligible for Student Membership, every candidate shall satisfy the Council
that he:

4.1.5.1. is pursuing his first certificate of competency course or commencing his
initial maritime-bias or appropriate maritime-related course.

4.1.6. Corporate Member
A Corporate Member shall be any Company or Organization dealing with maritime
related activities as approved by the Council. However, a ship owning entity or an
organisation that has assumed responsibility for the operation of a ship from its
owner, shall not be eligible to be admitted as such.

4.1.7. Life Member
Life Membership shall be open to Ordinary Members or Fellows as approved by the
Council.

4.2. Rights of Members
4.2.1. Fellows, Life, Ordinary, Associate and two named representatives from each
Corporate Member shall have the right:

4.2.1.1. to propose, or second a candidate for election, but, only Fellows, Ordinary
and Life Members can stand for elections;

4.2.1.2. to speak and vote at General Meetings of IKMAL;

4.2.1.3. to such other privileges as may be decided at General Meetings of IKMAL.

4.2.2. Student Members shall:
4.2.2.1. have all rights and privileges of Associate or Ordinary Membership except
the right to nominate or second a candidate for election or to stand for election;

4.2.2.2. not have the right to vote at General Meetings of IKMAL.

CLAUSE 5 RESIGNATION AND TERMINATION

5.1. Any member may terminate his membership by giving the
Honorary Secretary, two weeks’ notice in writing to this effect and paying all monies
due to IKMAL.

5.2. A member who has been removed or who has resigned from the Roll of
Members may apply to the Council for reinstatement and such person may be
reinstated, conditionally or unconditionally, as the Council may, in its discretion
decide. The Council shall not be bound to assign any reason for its refusal to reinstate
him.

CLAUSE 6 SOURCE OF INCOME

6. ENTRANCE FEES AND SUBSCRIPTIONS

6.1 Every application for membership under this Constitution shall be made on the
prescribed forms of IKMAL, accompanied by the entrance fee and subscriptions.
6.2 The Council shall have the absolute discretion to approve or reject any
application without assigning any reason, therefore.

6.3 The entrance fee for all grade of membership and for transfer from one grade to
another shall be RM 50.00.

6.4 The annual subscriptions which are payable in advance shall be-

6.4.1 Fellows and Ordinary Members RM 100.00

6.4.2 Associate Members RM 60.00

6.4.3 Student Members RM 20.00

6.4.4 Corporate Members RM 1,000.00

6.5 For a Life Membership, a one-time payment of RM 1,000.00.

6.6 A person shall qualify for membership and have his name entered in the Roll of
Members only after his application has been approved by the Council and his
subscription fully paid.

6.7 The annual subscriptions of members shall become due and payable each year
on the anniversary date of their being admitted as members of IKMAL.

6.8 A person whose subscription falls behind for more than 6 months shall be
reminded by a letter from IKMAL and his membership may be forfeited by a
decision of the Council.

6.9 No member who is in arrears of subscription shall be eligible to propose or
second an application for Membership, nominate or second a candidate for election,
stand for election, nor vote at any Annual General Meetings of IKMAL.

6.10 Upon attaining the age of sixty (60) years or more, an Ordinary or Associate
Member who has been in-benefit (is current in his annual subscriptions) for at least
ten (10) continuous years, is henceforth exempted from paying his annual
subscriptions. He will still be entitled to all privileges and rights of a member-inbenefit.

CLAUSE 7 GENERAL MEETING

7.1. The Annual General Meeting of IKMAL shall be convened by the Honorary
Secretary and shall be held not later than the month of June each year.

7.2. Notice of the Annual General Meeting and the audited Statement of Accounts
shall be issued to members not less than 14 days before the date of the Meeting.
7.3. All members shall be entitled to attend and speak at General Meetings of
IKMAL.

7.4. Only fully paid up Fellows, Life, Ordinary and Associate members shall each
have the right to vote.

7.5. All voting in the case of the election of Office bearers shall be by secret ballot
and the last date for submission of nominations is to be one (1) week before the
date of the Annual General Meeting. For other matters voting shall be by a show of
hands. In the event of an equality of votes, the Chairman shall have a second or
casting vote.

7.6. Adoption of any motion at the General Meeting shall be by a simple majority
vote.

7.7. No business shall be transacted by any General Meeting unless a quorum of
members or members’ representatives is present at the time when the meeting
proceeds to business.

7.8. The quorum for the Annual General Meeting shall be twice the total number of
the Council members.

7.9. If within half an hour from the time appointed for the meeting, a quorum is not
present, the meeting, if convened upon the requisition of members, shall be
dissolved; in any case it shall stand adjourned to the same day in the next week at
the same time and place and if at such adjourned meeting a quorum is not present
within half an hour from the time appointed for holding the meeting, the Members
present shall have power to proceed with the business of the day, but, they shall not
have the power to alter the rules of IKMAL or to make decisions affecting the whole
membership.

7.10. At any adjourned meeting, the Members or Members’ representative, present
personally, whatever their number, shall have the power to decide upon all matters
which could properly have been disposed of at the meeting from which the
adjournment took place.

7.11. The President, or, in his absence, the Vice President shall preside as
Chairman at every Annual General Meeting, or, if within fifteen minutes of the time
appointed for such meeting none of these shall be present or shall retire from the
Chair, the Members of the General Council present shall choose, someone of their
number present as Chairman of the meeting and if no such Member of the General
Council is present or if all such Members of the General Council decline to take the
Chair or shall retire from the Chair, the members shall choose some of their
members to be Chairman of the meeting.

7.12. The Chairman of the meeting, may, with the consent of the meeting, adjourn
any Annual General Meeting from time to time and from place to place, but, no
business shall be transacted at any adjourned meeting other than the business left
unfinished at the meeting from which the adjournment took place.

7.13. A proxy legal document to represent members or a true copy thereof or the
instrument appointing a proxy shall be in writing under the hand of the appointee or
of his Attorney duly authorized in writing.

7.14. Any instrument appointing a proxy shall be in writing in the common form or
any form approved by the Council.

7.15. Any instrument appointing a proxy shall substantially be in the following form
or in such other form as the Council may approve or allow:
I, …………………., Membership Number ……..,
resident at ……………………………………………………..
being *an Ordinary/Fellow Member of IKMAL hereby
appoint …………………………… resident at
………………………………………………………………..
or, failing him, ……………………………… resident at
………………………………………………………………..
(each of whom is an *Ordinary/Fellow Member of IKMAL) as my proxy to vote on
my behalf at the *Annual/Extraordinary General Meeting of IKMAL to be held
on ….. day of …… Year ……., and at any adjournment thereof.
Signed this …… day of …….. Year ……….
This form is to be used *in favour/against the resolution.
Unless otherwise instructed, the proxy may vote as he deems fit.
* Strike out whichever is not applicable.

7.16. The Extra-ordinary General Meeting of IKMAL shall be held when:

7.16.1. The Council thinks and decides that is important to do so.

7.16.2. on a written application by at least one-fifths of the voting members of
IKMAL. These members shall state the objectives and reasons for an Extra-ordinary
General Meeting.

7.16.3. An Extra-ordinary General Meeting called for by the members as in Art.
11.16 shall be held at a date and time no later than one calendar month from the
date of receipt of the application.

7.17. The Notice and Agenda for an Extra-ordinary General Meeting shall be issued
to all Members of IKMAL by the Honorary Secretary not less than 14 days before
the date of the meeting.

7.18. The quorum for an Extra-ordinary General Meeting shall be at least one-half
of the voting members of IKMAL. In the event of a lack of quorum half an hour after
the appointed time of the meeting, the Extra-ordinary General Meeting shall be
cancelled and shall not be called again within the next six months to discuss the
objectives of the cancelled Extra-ordinary General Meeting.

CLAUSE 8 COMMITTEE

8. ADMINISTRATION

8.1. The Council shall be elected at the Annual General Meetings and the President
shall have the power to appoint four (4) more other Ordinary Council Members. The
Council shall consist of the following-

8.1.1. The President;

8.1.2. The Vice President;

8.1.3. The Honorary Secretary;

8.1.4. The Honorary Treasurer;

8.1.5. Five (5) Ordinary Council Members;

8.1.6. Four (4) appointed Ordinary Council Members, of which two shall be from
among the ranks of active seagoing members to represent members who are
engaged on board vessels. They will attend Council Meetings as and when they are
available and are not bound by the requirements of Clause 8.4 and 8.5. .

8.2. The Council shall meet at least once in two months.

8.3. The Council meetings shall be convened by the Honorary Secretary at the
request of the President or of at least 5 members of the Council. Notice of such
meetings shall be given and it shall not be less than 7 clear days.

8.4. The quorum shall be not less than one half of the number of members in the
Council.

8.5. Any Council member, who absents himself from 3 successive meetings without
explanation shall be deemed to have ceased to be a member of the Council.

8.6. All office bearers and those performing executive functions of IKMAL shall be
Malaysian citizens.

8.7. Vacancies in the Council

8.7.1. The Council may co-opt a member as may be needed to fill any vacancy in
the Council to serve until the next General Meeting.

8.7.2. The Chairman appointed by the Council in any ad hoc or sub-Committee may
have the power to co-opt any member.

CLAUSE 9 DUTIES OF OFFICE BEARERS

9.1. President

9.1.1. The President shall have the right to call all the Council meetings and to chair
the Council and the Annual General Meetings of IKMAL.

9.1.2. The post of President shall be for two (2) years (i.e. one term) and no
President shall hold Office for more than 3 consecutive terms.

9.1.3. The President shall have the right to appoint 4 additional Ordinary Council
members, if necessary.

9.2. Vice President

9.2.1. In the absence of the President, all his duties, powers and responsibilities
shall devolve upon the Vice President.

9.2.2. The post of Vice President shall be for 2 years (i.e. one term) and he shall not
hold office for more than 2 consecutive terms.

9.3. Honorary Secretary

9.3.1. Subject to the directions of the Council, it shall be the duty of the Honorary
Secretary to conduct the correspondence of IKMAL, to attend all meetings of
IKMAL?s Council and of Committees, to take minutes and communications that
may be needed to be read, to superintend the publication of such papers and
publications as the Council may direct, to direct collection of subscriptions and other
amounts due to IKMAL. He shall engage, subject to the approval of the Council and
be responsible for, all persons employed under him and shall generally conduct the
ordinary business of IKMAL under the direction of the Council. He shall maintain the
Register of Membership. He shall also send to the Registrar of Societies the Annual
Returns within 28 days after the Annual General Meeting is held.

9.3.2. The post of Honorary Secretary shall be for three (3) years (i.e. one term) and
he shall not hold office for more than 2 consecutive terms.

9.4. Honorary Treasurer

9.4.1. The Honorary Treasurer shall be responsible for the finances of IKMAL, the
preparation of the accounts on the expenditure of the funds and present all
accounts on to the Council for review and approval and for their correctness.

9.4.2. The post of Honorary Treasurer shall be for two (2) years (i.e. one term) and
no Treasurer can hold office for 2 consecutive terms.

9.5. Ordinary Council Members

9.5.1. All Ordinary Council Members shall perform such duties and exercise such
powers as may be assigned to them by the Council.

9.5.2. The post of Ordinary Council Members shall be for 3 years (i.e. one term) and
they shall not hold office for more than 2 consecutive terms. Ordinary Council
Members appointed by the President shall hold Office until the next Annual General
Meeting or when the President retires, whichever is earlier.

9.5.3. The Ordinary Council Members shall attend all meetings of IKMAL and assist
the above officers in their duties.

9.6. Honorary Auditors

9.6.1. Two Honorary Auditors, who shall be members of IKMAL, but, not Council
Members, shall be elected at the Annual General Meeting to audit the accounts of
IKMAL at the end of each financial year or at such time the President of the Council
may decide. They shall make a report to the Council after each auditing.

9.6.2. In the event of a vacancy occurring in the post of Honorary Auditor during the
year, the Council shall have the power to appoint a member of IKMAL to fill the
vacancy until the next election. Such member so appointed shall be a Fellow or
Ordinary member of IKMAL and shall not be a Council Member.

CLAUSE 10 FINANCIAL PROVISION

10.1 The financial year of IKMAL shall be the 1st of January to 31st December of
each year.

10.2 The funds of IKMAL shall be paid into a bank or banks as decided by the
Council. The bank accounts shall be in the name of IKMAL.

10.3 All cheques made out by IKMAL must have 2 signatories. One of which shall
be the Honorary Treasurer and the other shall either be the President, Vice
President or the Honorary Secretary.

10.4 The Honorary Treasurer shall hold a petty cash advance not exceeding RM
500.00.

10.5 No expenditure exceeding RM 1,000.00 in any one time shall be incurred
without the prior approval of the Council.

CLAUSE 11 AUDITORS

11.1. Two persons, who shall not be office-bearers of IKMAL, shall be appointed by
the annual general meeting as Honorary Auditors. They shall hold office for one
year and may be reappointed.

11.2. The Auditors shall be required to audit the accounts of IKMAL for the year,
and to prepare a report or certificate for the annual general meeting. They may also
be required by the President to audit the accounts of IKMAL for any period within
their tenure of office, at any date, and to make a report to the Council.

CLAUSE 12 PROPERTY ADMINISTRATOR

12.1. The Council shall be the Supreme Body of IKMAL and various Committees
shall be formed to cater for the administration of IKMAL. Such Committees shall
have, as their Chairman, a member from the Council.

CLAUSE 13 INTERPRETATION

13.1. Between annual general meetings, the Council shall interpret the rules of
IKMAL and when necessary, determine any point on which the rules are silent.

13.2. Except where they are contrary to or inconsistent with the policy previously
laid down by the general meeting, the decisions of the Council shall be binding on
all members of IKMAL unless and until countermanded by a resolution of a general
meeting.

CLAUSE 14 ADVISOR / PATRON

14.1. The Council shall, if it deems fit and necessary, appoint qualified persons to
be the Advisor or Patron of IKMAL. The person appointed must give his consent in
writing.

CLAUSE 15 PROHIBITION

15.1. None of the following games shall be played in the premises of IKMAL –
Roulette, Lotto, Fan Tan, Poh, Peh Bin, Belankai, Pai Kau, Tau Ngau, Tien Ngau,
Tien Kow, Chap Ji Kee, Sam Cheong, Twenty One, Thirty One, Ten and a half, all
games of dice, bankers games, all video games and all games of mere chance.

15.2. Neither IKMAL nor its members shall attempt to restrict or in any other manner
interfere with the trade or prices or engage in any Trade Union activities as defined
in the Trade Union Act, 1959.

15.3. IKMAL shall not hold any lottery, whether confined to its members or not, in
the name of IKMAL, its office-bearers or members without prior approval from the
authorities concerned.

15.4. Benefits as mentioned under section 2 of the Societies Act 1966 shall not be
given by IKMAL to any of its member.

CLAUSE 16 AMENDMENT OF CONSTITUTION

16.1. The Constitution shall not be amended or changed in any way except in a
General Meeting and with a two-thirds majority vote by members who are eligible to
vote.

16.2. Any proposed amendments or changes to the Constitution shall be made in
writing to the Honorary Secretary at least, one calendar month prior to a General
Meeting.

16.3. Any Amendments or changes to the Constitution approved during the Annual
General Meeting shall be made in writing to the Registrar of Societies within 28
days of the Annual General Meeting. Such amendments or changes shall take
effect from the date of a written approval from the Registrar of Societies.

CLAUSE 17 DISSOLUTION

17.1. IKMAL may be dissolved in an Annual General Meeting with a majority vote of
at least two-thirds of the members who are eligible to vote.

17.2. In the event of dissolution, all financial transactions of IKMAL shall be settled
before dissolution. All monies and assets of IKMAL shall be so divided, distributed
or donated according to the wishes of the members with a majority vote in an
Annual General Meeting.

17.3. If, upon the winding up or dissolution of IKMAL, there remains, after the
satisfaction of all its debts and liabilities, any property whatsoever, the same shall
not be paid to or distributed among the category of members of IKMAL, but, shall be
given or transferred to such other institute or institutions as shall be approved by a
special resolution and in default hereof, shall be determined by such Court in
Malaysia as may have or acquire jurisdiction in the matter.

17.4. Notice of dissolution shall be given in writing to the Registrar of Societies
within 28 days from the date of dissolution.

CLAUSE 18 FLAG, LOGO AND BADGE

1. Flag
–
Description
–
2. Logo
Description

18.1. Logo

18.2. Description

18.2.1. Character of Logos

The logo would be a manilla rope moulded with the word IKMAL to place at the
centre of the ships helm. The year 1985 is embedded below it. The rope is golden
in colour and the helm is blue with a black outline. The words IKTHISAS
KELAUTAN MALAYSIA in gold is written on the bottom half of the helm.

18.2.2. Meaning of Character

The helm signifies that IKMAL is being steered in the right direction as per her
objectives whilst the moulded rope signifies the unification and determination of the
members towards the stated objectives. 1985 indicates the year IKMAL was
established. The colour signifies harmony.

3. Badge
–
Description
–

CLAUSE 19 INDEMNITY

19.1. Subject to the provisions of and so far as may be permitted by the Statutes,
every member of the Council, Auditor, Secretary or other officers of IKMAL shall be
entitled to be indemnified by IKMAL against all costs, charges, losses, expenses
and liabilities incurred by him in the execution and discharge of his duties or in
relation thereto including any liability incurred by him in defending any proceedings,
civil or criminal, which relate to anything done or omitted or alleged to have been
done or omitted by him as an officer or employee of the Institute and in which
judgment is given in his favour (or the proceedings otherwise disposed of without
any finding or admission of any material breach of duty on his part) or in which he is
acquitted or in connection with any application under any Statute for relief from
liability in respect of any such act or omission in which relief is granted to him by the
court.