THE INSTITUTION OF ENGINEERS, MALAYSIA

CONSTITUTION

ARTICLE 1 1.1

Name, Location and Objects

The association as hereunder constituted shall be known as THE INSTITUTION OF ENGINEERS, MALAYSIA, which is hereinafter referred to as the Institution. The headquarters of the Institution shall be in the State of Selangor. The registered office, place of business and postal address of the Institution shall be as specified in the Bylaws. Branch offices may be established at such places as may be determined by the Council. The objects of the Institution shall be to promote and advance the science and profession of all aspects of engineering. Membership

1.2

1.3

ARTICLE II 2.1

The Membership of the Institution shall consist of two classes :(a) (b) Corporate Members Non-corporate Members

Amendment RSM 51/59 Feb. 1981 Amendment PPM SEL 51/59 SEL 3/59(22) dtd 20 Nov. 2002

2.2

Corporate Members shall comprise four grades, namely: (a) (b) (c) (d) Distinguished Honorary Fellows Honorary Fellows Fellows and Members

All Corporate Members shall be engineers.

Non-corporate Members shall comprise eight grades, namely :(a) (b) (c) (d) (e) (f) (g) (h) 2.3 Distinguished Honorary Fellows Honorary Fellows Honorary Members Graduate Members Incorporated Members Affiliate Members Associate Members and Student Members

Only Corporate Members have the right to vote, to requisition meetings and to be elected to the Council. The names of all members shall be entered on the Register of the Institution, hereinafter referred to as the Register. Each grade of membership shall comprise every person who has been admitted, elected or transferred into that grade, so long as his name is on the Register as such.
(i)

2.4

Constitution
Amendment PPP SEL 3/59 dtd 14 Feb. 2006 Amendment RSM 51/59 Jan. 1989 Amendment PPM SEL 51/59 SEL3/59(22) dtd 20 Nov. 2002

Fellows, Members and Graduates shall be entitled to the use of the title Engr. placed before their names. 2.5 Distinguished Honorary Fellows, Honorary Fellows, Fellows, Members, Graduate Members and Incorporated Members shall be entitled to the exclusive use after their names of the following abbreviated forms showing their grades of Membership: Distinguished Honorary Fellow Honorary Fellow Honorary Member Fellow Member Graduate Member Incorporated Member D. Hon. F.I.E.M. Hon. F.I.E.M. Hon. M.I.E.M. F.I.E.M. M.I.E.M. Grad. I.E.M. Inc. I.E.M.

Affiliate Members, Associate Members and Student Members shall not be entitled to be designated by abbreviations. No person who has ceased to be a member of the Institution shall be entitled to make use of any designation implying connection with the Institution.
Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

2.6

Distinguished Honorary Fellow : A Distinguished Honorary Fellow shall be a person of acknowledged eminence such as Head of State, Prime Ministers, prominent engineers and world renowned figures who has contributed outstanding services to the engineering profession, the Institution or the Nation. Honorary Fellow : An Honorary Fellow shall be a distinguished person of acknowledged eminence whom the Institution desires to honour for services rendered to the engineering profession. Honorary Member : An Honorary Member shall be an eminent person from the Corporate or Public Sector who has rendered outstanding services to the engineering profession or the Institution.

Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002 Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002 Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

2.7

2.8

Conferment of Honorary Grades 2.9 Distinguished Honorary Fellowship, Honorary Fellowship and Honorary Membership shall only be conferred by the Council. The criteria for these Grades shall be as set out in the Bylaws and established guidelines. Fellow : There shall be no direct admission to this grade. Admission shall only be by transfer from the grade of Member. To be eligible for transfer to the grade of Fellow, a Member shall have satisfied the Council that he is worthy of transfer to this grade in accordance with the relevant Bylaws and Regulations. Member : A Member, at the time of his advancement or election to this grade, shall have satisfied the Council that he has attained such standard as set by the Council to testify to his proficiency as a professional engineer, and that he is worthy of election in accordance with the relevant Bylaws and Regulations.

Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

2.10

Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

2.11

(ii)

Constitution
Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002 Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002 Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

2.12

Graduate Member : A Graduate Member shall be a person who in respect to his age, his educational attainments and his practical training, complies with the relevant Bylaws and Regulations. Incorporated Member : An Incorporated Member shall be a person who in respect to his educational attainments and his practical training, complies with the relevant Bylaws and Regulations. Affiliate Member : An Affiliate Member shall be a person who has had the necessary experience in a responsible position in engineering or a person who by his connection with engineering science or the arts or otherwise is qualified to contribute in the advancement of engineering knowledge and his practical training, complies with the relevant Bylaws and Regulations. Associate Member : An Associate Member shall be a person who, in respect to his educational attainments and his practical training, complies with the relevant Bylaws and Regulations. Student Member : A Student Member shall be a person who in respect to his educational attainments, complies with the relevant Bylaws and Regulations.

2.13

2.14

Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002 Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

2.15

2.16

Privileges of membership
Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

2.17

Every member of the Institution shall be bound by the Constitution, and the Bylaws and Regulations made thereunder, and shall enjoy all the rights and privileges of membership of the Institution as provided for in the Constitution, Bylaws and Regulations.

Professional Conduct
Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

2.18

Every member shall so conduct himself as to uphold the dignity, standing and reputation of the profession. He shall be bound by the Regulations on Professional Conduct. Elections, Admissions and Separations; and Examinations

ARTICLE III
Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

3.1

Applicants shall be admitted, elected or transferred to the appropriate grade of membership in the Institution only by vote of the Council. Eighty per cent (80%) of the votes of the Council Members present shall be required to approve an admission, election or transfer. Any member of the Institution may be expelled by vote of the Council. The affirmative votes of not less than eighty per cent (80%) of the entire Council voting by postal ballot shall be required to expel. The procedure for expulsion is specified in the Bylaws. Any member of the Institution in good standing may resign his membership by a written communication to the Honorary Secretary, who shall then present it to the Council. Acceptance of any resignation shall be by vote of the Council. Any former member of the Institution may re-apply for re-admission and may be re-admitted subject to the provisions in the Bylaws.

3.2

3.3

3.4

(iii)

Constitution

3.5

The Council may conduct examinations, or approve examinations in appropriate subjects to be conducted on their behalf for approved candidates for admission as Graduates or Members, as shall be prescribed in the Bylaws & Regulations.

ARTICLES IV Fees and Annual Subscriptions

4.1

An entrance fee in an amount determined by the Council for the grade of membership to which the applicant is admitted, elected or transferred shall be due and payable as of the date of admission, election or transfer to that grade. Such entrance fee shall be deemed to be as capital contribution for capital investment. A schedule of annual subscriptions and life composition fees payable by all members of the Institution shall be established by the Council from time to time and confirmed by vote of a simple majority of those present at the AGM. Distinguished Honorary Fellows, Honorary Fellows and Honorary Members shall be exempted from payment of all fees. The Council shall have the authority, in special cases, to grant extension of time for, or to excuse any member from, payment of subscriptions. Composition, Office Tenure and Election of the Council

Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002 Amendment PPP SEL 3/59 dtd 14 Feb. 2006

4.2

4.3

ARTICLE V
Amendment PPM SEL51/59(6) SEL3/59 dtd 11 March 1997 Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

5.1

The Members of the Council shall, subject to Article 5.2, be chosen from amongst Corporate Members of the Institution, and shall comprise :(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) The President, The Deputy President, The Immediate Past President, All Past Presidents who are invited by the Council and have expressed their willingness to serve, The Vice Presidents of whom there shall be not less than two (2) nor more than ten (10), as prescribed in the Bylaws, The Honorary Secretary, The Honorary Treasurer, Ordinary Council Members of whom there shall be not less than twenty (20) nor more than fifty (50), as prescribed in the Bylaws, One representative from each Branch of the Institution. Not more than three (3) Corporate Members appointed by the Council on the nomination of the President for a term of one (1) session. An appointed member may be re-appointed but shall not serve in this capacity for more than two (2) consecutive sessions.

5.2

The Members of the Council shall be designated as the Officers of the Institution. The terms of office of Officers of the Institution shall be as follows :(a) The President, Deputy President, Honorary Secretary and Honorary Treasurer shall hold office for a term of one (1) session. They may be re-elected, but may not hold office for more than two (2) consecutive terms. A Vice President shall hold office for a term of two (2) sessions and may be re-elected but may not hold office for more than two (2) consecutive terms.
(iv)

(b)

Constitution

(c)

(d)

A Council Member shall hold office for a term of three (3) sessions and no Council Member may be re-elected to the office of Council Member until after a lapse of at least one (1) session. The Chairman of each Branch of the Institution shall be a Member of Council. If the Chairman is unable to attend a meeting of the Council, he may send a Member of the Branch Committee to represent him.

5.3

Each session of Council shall commence at the conclusion of the Annual General Meeting and the Council shall remain in office till the commencement of the next session. The President, the Deputy President, the Vice Presidents, the Honorary Secretary, the Honorary Treasurer and Council Members shall be elected from amongst the Corporate Members by secret ballot in the manner as prescribed in this Constitution and the Bylaws and Regulations made thereunder. The Council shall appoint an Election Officer for this purpose and he shall be responsible to the Council for the proper conduct of the election. The Council may prescribe such Bylaws and Regulations as it considers desirable for the proper conduct of the election. President : The office of the President shall automatically be filled by the Deputy President subject to the provision of Article 5.2 of the Constitution and the Bylaws, made thereunder. Deputy President : The Deputy President shall be elected by the Council. Vice Presidents, Honorary Secretary, Honorary Treasurer and Council Members shall be proposed and seconded by Corporate Members. If there are insufficient nominations, the Council shall nominate additional names to fill the posts. A casual vacancy occurring in an elective office shall be filled for the unexpired term as follows: (a) (b) (c) President Deputy President Vice President Hon. Secretary Hon. Treasurer Ordinary Council Member : By the Deputy President : By election of Council : By the candidate who obtained the next highst number of votes from the last election list for that office which has become vacant. Where no such candidate is available, the Council shall elect a suitable candidate. Such post shall be filled only when the unexpired term exceeds six (6) months.

5.4

5.5

5.6

5.7
Amendment PPM SEL51/59(6) SEL3/59 dtd 11 March 1997 Amendment PPP SEL 3/59 dtd 14 Feb. 2006

5.8

5.9

Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002 Amendment PPP SEL 3/59 dtd 14 Feb. 2006

and

5.10

An office on the Council is rendered vacant forthwith, if the holder :(a) ceases to be a Member of the Institution (b) resigns his office by notice (c) has his membership terminated under the Constitution and thereupon there shall be a casual vacancy.

(v)

Constitution

5.11

If an Officer of the Institution is disabled, or neglect to perform his duties, the Council shall have the power to declare the office vacant; and such an Officer, whose office has been declared vacant due to neglect in performance of his duties, shall be ineligible to hold any office of the Institution thereafter for at least two sessions. Notwithstanding the provisions contained in this Constitution, a Corporate Member who filled a casual vacancy occurring in an elective office for less than one (1) session shall be eligible for re-election; i.e. any period served for less than one (1) session shall not be considered as a term of office for this purpose. Members of Council and every person performing executive functions in the Institution shall be Malaysian Citizens domiciled and permanently residing in Malaysia. The Councils interpretation of domiciled and permanently residing shall be final. All members of the Council, the Executive Committee of the Council, and the Standing Committees shall be considered to be performing executive functions in the Institution. Management

5.12

Amendment PPP SEL 3/59 dtd 14 Feb. 2006

5.13

ARTICLE VI 6.1

The direction and management of the property and affairs of the Institution shall be vested in the elected governing body called the Council, subject to the provisions of the Constitution and the Bylaws, and all resolutions of Special General Meetings of Corporate Members, which have been duly summoned and held in accordance with the Constitution and the Bylaws, when such Resolutions have been duly entered in the minutes and signed by the Chairman of the Meetings. The Council shall have the sole management of the income and funds of the Institution and also the entire management and superintendence of all the other affairs and concerns thereof; and shall or may, but not inconsistently with, or contrary to the provisions of the Constitution and the Bylaws, or the laws and statutes of the Country, do all such acts and deeds as shall appear to them necessary or essential to be done, for the purpose of carrying into effect the objects and views of the Institution. The Council may purchase any property movable or immovable and to take, accept and hold any such property which may become vested in it by virtue of such purchase, or by any exchange, grant, donation, lease, testamentary disposition or otherwise; provided that the Council may not sell, mortgage, exchange or otherwise dispose of any such immovable property, without the confirmation by votes of Corporate Members. All monies of the Institution not required to meet the current expenditure of the Institution may be invested in the purchase, or on the security of any stocks, shares, debentures, debentures stocks, land, buildings or other property of any nature and in any part of the world, as the Council may determine, and the Council shall have the power to vary such investment from time to time. The Council may appoint persons or trustees to handle these aforesaid investments, subject to the confirmation by votes of Corporate Members. All monies and profits accruing to the Institution from participation in any business shall be applied solely towards the furtherance, promotion and execution of the objectives of the Institution and no portion thereof shall be paid
(vi)

6.2

6.3

6.4

Amendment PPM SEL51/59 April 1984

Constitution

by way of dividend, bonus or profit to any member of the Institution, provided that nothing herein expressed or contained shall prevent the payment in good faith or remuneration or expenses or both to any officer or servant of the Institution, or to any member of the Institution, or other person or persons for services actually rendered by him or them to the Institution. 6.5 The Council shall prescribe Bylaws and Regulations for the proper exercise of the corporate powers vested in it and may at any time in the like manner, approve, annul or vary any Bylaws. In the absence of Resolutions to the contrary, the Council may exercise such other powers of the Institution, as are not required by the Constitution and or the Bylaws. All Bylaws for the time being in force, shall be binding on the members of the Institution and shall have full effect accordingly; provided that notice of such Bylaws or rescissions or alterations thereto shall be notified to all members in writing not less than sixty (60) days before becoming effective, during which time any fifty (50) Corporate Members may by notice in writing to the Honorary Secretary, require a Special Meeting to be convened for the purpose of considering, confirming or revoking the same. If no such notice is received by the Honorary Secretary, the Bylaws shall become binding on all members at the expiry of the above mentioned sixty (60) days notice. 6.7 The decision of the Council on all matters dealt with by it in accordance with the provisions of this Constitution and the Bylaws and Regulations made thereunder shall be final and binding on all members of the Institution. The Council may decide on any matter not provided for in this Constitution subject to such decision being not repugnant to the spirit of the Constitution, Bylaws and Regulations. The Council shall afford reasonable facilities for any Corporate Member to inspect during business hours the Register and the books containing the minutes of proceedings of any General Meeting of the Institution. No member shall have any right to inspect any Institution document, account, or book (other than books in the Institutions library), not conferred by this Constitution or authorised by the Council. The Council shall make an Annual Report of the state of the Institution to the membership, which shall include a financial statement and such other matters as may be deemed appropriate. The Annual Report shall be tabled for discussion at the Annual General Meeting. The Council shall appoint from amongst its members an Executive Committee, which shall exercise between meetings of the Council, such powers of the Council as may be delegated to it from time to time. The Executive Committee shall consist of not less than ten (10) and not more than twenty-four (24) members. The Council may constitute committees as and when necessary from amongst Corporate Members of the Institution for the purpose of carrying out specific functions of the Council. The powers of the committees shall be as prescribed in the Bylaws and Regulations or as may be delegated by the Council from time to time.

6.6

6.8

6.9

Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

6.10

6.11

(vii)

Constitution

6.12

The day to day management of the affairs of the Institution shall be exercised by the Honorary Secretary of the Institution acting under the authority of the Council. No act done by the Council, whether ultra vires or not, which shall have received the expressed or implied sanction of the Corporate Members at a meeting of the Institution, shall be impeached by any member of the Institution on any ground whatsoever, but shall be deemed to be an act of the Institution. Meetings

6.13

ARTICLE VII 7.1

The Institution shall hold at least one general meeting annually, termed the Annual General Meeting, which shall be held not later than the end of April of each year on a date and place as shall be determined by the Council and designated in a notice to the membership as provided for in the Bylaws. At the Annual General Meeting, one hundred (100) Corporate Members present shall constitute a quorum. Meetings of the Council shall be held at such times and places as may be determined by the Council to be necessary for the proper discharge of its duties. Not less than half of the Members of the Council present shall constitute a quorum at any meeting of the Council. Meetings of the Executive Committee shall be held at such times and places as determined by the President or he may conduct the business of the Executive Committee by post in lieu of meetings. Not less than half of the Members of the Executive Committee present shall constitute a quorum. The Institution may hold Special General Meetings of Corporate Members in addition to the Annual General Meeting as provided for in the Bylaws. Special General Meetings shall be held for a specific purpose relating to the direction and management of the affairs of the Institution. The quorum for a Special General Meeting shall be the same as for the Annual General Meeting. The Council shall, upon a requisition in writing signed by not less than fifty (50) Corporate Members, convene a Special General Meeting and shall take steps to this end within twenty-one (21) days of the lodging at the Headquarters of the Institution of the requisition which shall clearly set out the matters to be brought before such meeting. If the Council fails to take the necessary action within the prescribed time the requisitionists referred to in Article 7.5 or any fifty (50) Corporate Members may themselves convene a meeting and for this purpose shall have such access to the records as will enable them to convene the meeting in the manner prescribed in the Bylaws. Local Organisations, Technical Divisions, Groups and Sections

7.2

7.3

7.4

7.5

7.6

ARTICLE VIII
Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

8.1

The Council may establish IEM Branches as prescribed in the Bylaws. The formation of a Branch shall be sanctioned only if the Council shall have received a requisition for such formation signed by not less than fifty (50) Corporate Members residing in that region. The Rules for the conduct of a Branch shall be subject to the approval of the Council and as provided for in the Bylaws.

(viii)

Constitution

The dissolution of a Branch shall be by a resolution of the Council.

8.2

Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

The Council may establish Technical Divisions or Special Interest Groups of members as prescribed in the Bylaws. The formation of a Technical Division or Special Interest Group, shall be sanctioned only if the Council shall have received a requisition for such formation signed by not less than fifty (50) members of whom not less than twenty-five (25) shall be Corporate Members eligible to join such Technical Division or Special Interest Group. Each Technical Division or Special Interest Group shall be based on a community of engineering interest. The Rules for the conduct of a Technical Division or Special Interest Group, shall be subject to the approval of the Council and as provided for in the Bylaws. The dissolution of a Technical Division or Special Interest Group shall be by a resolution of the Council

Amendment PPM SEL51/59 SEL3/59(22) dtd 20 Nov. 2002

8.3

The Council may establish any Graduate, Student or Non-corporate Section of members as prescribed in the Bylaws. The formation of a Section shall be sanctioned only if the Council shall have received a requisition for such formation signed by not less than fifty (50) such Graduate, Student or Noncorporate Members of the Institution. The Rules for the conduct of a Section shall be subject to the approval of the Council and as provided for in the Bylaws. The dissolution of a Section shall be by a resolution of the Council.

ARTICLE IX 9.1

Amendments & Dissolution

The Constitution of the Institution can be amended only at the Annual General Meeting or at a Special General Meeting hereinafter referred to as General Meetings. Amendment of the Constitution can be proposed by the Council or by not less than fifty (50) Corporate Members signing a written petition to the Honorary Secretary. Petitions for a proposed amendment shall be presented to the Honorary Secretary not less than sixty (60) days in advance of the date of the General Meeting. A proposed amendment in accordance with the intent of the petition shall be drafted by the Honorary Secretary and sent by letter to all Corporate Members of the Institution at least twenty-one (21) days in advance of the General Meeting, at which the proposed amendments shall be tabled. The proposed amendment as drafted by the Honorary Secretary shall be tabled for discussion at the General Meeting and it may be amended in any manner pertinent to the petitions by a majority vote at the said Meeting, and if amended, shall be voted upon by postal ballot in a form as amended by the said meeting. If not amended, the proposed amendment as submitted shall be voted upon by postal ballot. After discussion of a proposed amendment at any General Meeting of the Institution, if the meeting shall so decide by a majority vote, it may refer the proposed amendment to a committee for further consideration, and report at the next General Meeting. From such meeting the proposed amendment, as presented by the Committee or as amended in such meeting shall proceed to postal ballot as hereinbefore provided. Ballots shall be counted at the Headquarters of the Institution by a Committee of at least three Scrutineers appointed by the President and a report thereon shall be submitted to the Council.
(ix)

9.2

9.3

9.4

Constitution

9.5

For the adoption of any amendment to the Constitution, not less than two-thirds (2/3) of the valid ballots cast shall be in the affirmative. An amendment which has been adopted shall become effective upon approval of the Registrar of Societies. The Council shall have the power to frame Bylaws in conformity with the provisions of the Constitution. The Bylaws can be amended at any meeting of the Council by a two thirds (2/3) majority vote provided that written notice of such proposed amendment shall have been given at a previous meeting of the Council, and provided further that the Honorary Secretary shall have mailed a copy of such proposed amendment to each member of the Council at least twenty-one (21) days in advance of the meeting at which action thereon is to be taken. An amendment to the Bylaws shall become effective upon the approval of the Registrar of Societies. The Institution shall not be dissolved except with the consent of not less than two-thirds (2/3) of the Corporate Members expressed at a Special General Meeting called for the purpose or by ballot. In the event of the Institution dissolved as above, all debts and liabilities legally incurred shall be fully discharged and the remaining funds, if any, shall be disposed of as decided at such General Meeting or by ballot as the case may be.

9.6

9.7

(x)