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ASSOCIATION OF CONSULTING ENGINEERS SINGAPORE CONSTITUTION

(Amended as at Sep 2015 - as approved by the Registrar of Societies)

Section Heading

Article No.

Text of Article

Name

1


The name of the Association shall be

“THE ASSOCIATION OF CONSULTING ENGINEERS SINGAPORE”.


Registered Office

2


The place of business of the Association will be at 200 Jalan Sultan, #03-17 Textile Centre, Singapore 199018 or such other address as the Council may determine and approved by the Registrar of Societies.

Objects


3


The Objects for which the Association is established are:

  1. To promote the advancement of the profession of Consulting Engineering.

  2. To associate together for the purpose of cooperation and mutual advantage and consultation Consulting Engineers as defined in the Constitution.

  3. To promote the professional interests, rights, powers and privileges of Consulting Engineers.

  4. To give the legislature, Public Bodies and others, facilities for conferring with and ascertaining the collective views of Consulting Engineers.

  5. To confer with Associations, representing other Professional Bodies, Manufacturers, Contractors and other persons engaged in engineering and construction works on matters of common interest.

  6. To invest the moneys of the Association not immediately required for its purposes, in or upon such investments, securities or property as may be thought fit.

  7. To do all such other things as are incidental or the Association may think conducive to the attainment of the above objects or any of them.

  8. To establish and support or aid in the establishment and support of any charitable or benevolent associations or institutions connected with the purposes of the Association or calculated to further its objects.

The Schedule



Definitions

4


The Constitution


The Constitution of the Association, from time to time in force.

Consulting Engineer


A person possessing the necessary qualifications to practise in one or more of the various branches of Engineering who devotes himself to advising the public on engineering matters or to designing and supervising the construction of engineering works and for such purposes occupies and employs solely or in conjunction with another consulting engineer his own office and staff or in the case of a partner or consultant or a director of a firm of consulting engineers uses the office and staff of the said firm and is not directly or indirectly concerned or interested in commercial or manufacturing interests such as would tend to influence his exercise of independent professional judgement in the matters upon which he advises.

The Association


The above-named Association.

The Council


The Council for the time being of the Association.

The Office


The place of business of the Association.

The Seal


The common seal of the Association.

Month


Calendar Month




In writing


Written, printed or lithographed, or partly another, and other modes of representing or reproducing words in a visible form.

Words importing the singular number only shall include the plural number, and vice versa.

Words importing the masculine gender only shall include the feminine gender; and Words importing persons shall include corporations.

Subject as aforesaid, any words or expressions defined above shall, if not inconsistent with the subject or context, bear the same meaning in the Constitution.



Note: Persons who possess the requisite qualification in Membership and were present at the date of the adoption of the Constitution shall be Members of the Association and such other persons, firms or corporations shall be Members as the Council shall admit to Membership in accordance with the provisions hereinafter contained.

Membership



Professional Membership

5

Professional membership Professional membership is open to any person who:

    1. Is registered with the Professional Engineers Board of Singapore.

    2. Is in practice as a Consulting Engineer either individually or as a partner, a director, or consultant of a firm of Consulting Engineers.

    3. Is a member of a professional institution applicable to the special branch in which he practises which in the opinion of the Council is of high standing.

Corporate Membership

6

Corporate membership is open to any firm, partnership or licensed corporation as licensed and defined under the Professional Engineers Act (Chapter 253) of the Singapore Statutes.


7

There shall be 3 categories of corporate membership:

  1. Category I firms or corporations with 1 to 2 registered professional engineers

  2. Category II – firms or corporations with 3 to 5 registered professional engineers

  3. Category III – firms or corporations with 6 or more registered professional engineers


8

Voting rights of each Corporate Member shall be vested in their representatives who must be licensed professional engineers, with each representative having one vote.


9

Each Corporate Member shall have the following numbers of representatives:

  1. Category I – 1 representative

  2. Category II – 2 representatives

  3. Category III – 3 representatives


10

All Professional Members and registered professional engineers practising with the corporate member may use the title M. ACES

Corporate Associate Membership

11

Corporate Associate membership is open to any firm or corporation whose profession business or interests are in the opinion of the Council likely to promote advance or benefit the profession of Consulting Engineering. Election shall be at the discretion of the Council whose decision shall be final


12

Corporate Associate membership shall carry no voting rights nor can Corporate Associate Members be elected to the Council.

Young Professional Membership

13

Young Professional membership is open to any individual engineer under the employment of Member Firms of the Professional Member or Corporate Members. Young Professional shall hold an engineering degree recognized by the Professional Engineers Board, Singapore and below 40 years of age.


14

Young Professional Associate membership is open to any individual engineer working in the office of the Professional Member or Corporate Member and holds an engineering degree not recognized by the Professional Engineers Board and below 40 years of age.


15

Young Professional Associate membership is open to any individual engineer not working in the office of the Professional Member or Corporate Member and holds an engineering degree recognized by the Professional Engineers Board, Singapore and below 40 years of age.


16

Young Professional membership and Young Professional Associate membership shall carry no voting rights

Associate Membership

17

Associate Membership is open to any individual who holds at least an engineering diploma and whose profession, business or interests are, in the opinion of the Council likely to promote, advance or benefit the profession of Consulting Engineering. Approval of application of membership shall be at the discretion of the Council whose decision shall be final.


18

Associate Membership shall carry no voting rights nor can Associate Members be elected to the Council.

Honorary Membership

19

The Council may at its discretion invite such persons, firms or corporations which are in its opinion of high standing to be admitted as Honorary Members.


20

Honorary membership shall carry no voting rights nor can Honorary Members be elected to the Council.

Subscription

21

Notification of Change of Address

Any alteration in the residence or place of business of any Member, shall be notified by him to the Hon. Secretary. A notice to any member sent by post to his address in the Register of Members shall be deemed to be duly delivered.


22

Annual Subscription

The annual subscription, etc. payable by Members shall be at rates proposed by the Council from time to time.


23

Payment

All annual subscriptions are due each year commencing on 1st April.


24

Every member shall be liable for the payment of his annual subscription until he has signified to the Hon. Secretary in writing his desire to resign, having previously paid all arrears, including the subscription for the year current at the date of his notice, or until he has forfeited his right to remain in, or be attached to the Association.


25

Arrears of Subscription

Every person whose subscription is six months in arrears shall be reported to the Council, who shall direct application to be made to him according to such form as the Council may prescribe and in the event of its becoming one additional month in arrear, after such application, the Council shall have the power, after remonstrance by letter in the form so provided, of expelling the defaulter from the Association by erasing his name from the Register.

Reinstatement

26

The Council may, if they find good reason to do so, reinstate under such conditions as they may see fit, any person who has been a Member, whose name has been removed from the Register. These cases must be considered and reported upon to the Council by a Committee appointed by the Council for the purpose.




The Council



Composition

27

The affairs of the Association shall be managed by a body to be called the Council which shall be the governing body of the Association.


28

The Council shall consist of Professional Members or nominated representatives of Corporate Members of the Association domiciled and residing in Singapore and to be elected or nominated in such manner and to hold office for such periods and on such terms as to re-election or re nomination and otherwise as may be prescribed hereunder. The Council’s interpretation of “domiciled and residing” shall be final. Members of the council shall not be paid or receive any remuneration or fees for acting as such and no Member of the Council shall be appointed to any salaried office of the Association or any office of the Association paid by fees.


29

The Council in session shall consist of:

  1. The President

  2. Vice-President

  3. Honorary Secretary

  4. Honorary Treasurer

  5. 8 General Members

  6. Immediate Past President


30

2 General Members and the Chairman of the Young Professional Connection (YPC) may be appointed by the Council after the Annual General Meeting. All three appointed shall hold office for a period of two sessions only and shall have no voting rights in the Council.


31

The President, the Vice President and other members of the Council (exclusive of the Immediate Past President) shall be elected from among the Professional Members and Corporate Members' representatives in the manner as hereinafter prescribed.

Nomination

32

Not less than two weeks before the date of the Annual General Meeting nominations for election to the Council for the position of General Members shall be invited from Professional Members and Corporate Members’ representative. All nominations must be proposed and seconded and shall bear the written consent of the person so nominated. The nomination form shall be returned to the Honorary Secretary in a sealed envelope so as to reach him by a specified date not less than three (3) working days before the Annual General Meeting. Not more than two representatives shall be nominated from each member company or additional members such that the total on Council exceeds two.

Election

33

12 General Members shall be elected by vote of the Professional Members and Corporate Members’ Representatives at the Annual General Meeting and shall hold office for two sessions.


34

The Hon. Treasurer shall not be re-elected for more than two sessions consecutively. The President shall not be re-elected for more than four sessions consecutively.

Executive Committee

35


The Executive Committee is part of the Council and shall consist of: -

  1. The President

  2. Vice-President

  3. Honorary Secretary

  4. Honorary Treasurer


36

The President, Vice-President, Hon. Secretary and Hon. Treasurer shall be elected from the 12 General Members by the Council at the first Council Meeting of the new session.

Council members shall serve on the Council for a minimum of two sessions before being eligible for nomination to the Executive Committee.

  1. Service on the Council for one session immediately prior to the year of eligibility


36a

The Executive Committee will stand until a new Executive Committee is formed.


37


The Executive Committee shall be responsible for collective decisions for urgent issues that need to be resolved before the next council meeting and the following:

  1. daily operations of Association

  2. purchases up to a limit set by Council

  3. engaging other associations and organisers with daily matters arising

Vacancies

38

In event of a vacancy occurring in the office of President, the Council shall appoint the Vice President for the office.

In event of a vacancy occurring in the office of the Vice President, or any of the Council Members, the Council may appoint any suitable Professional Member or Corporate Members' representative to fill such vacancy until the end of the session.


39

A Council Member who without leave of the Council is absent from three consecutive Council Meeting in any one sessional year shall be deemed to have vacated his office, subject to the Council so resolving.

Proceedings of the Council

40

Commencement

Each session of Council shall commence at the Annual General Meeting to be held in June.


41

Chairman of the Council

The President shall take the Chair at all meetings of the Association and of the Council at which he is present, and shall regulate the proceedings.



42

Absence of President

In the absence of the President, the Vice President shall preside at all Meetings and shall regulate the proceedings. In the absence of the President and the Vice President the Meeting may elect any Member of the Council to take the Chair.



43

Authority Vested in Council

The Council, in addition to the power hereinafter specially conferred upon them, shall be vested with the direction and management of the Association for properly carrying out the objects of the Association in accordance with the Constitution.


44

The Council shall have full power to make, alter, add to or repeal ByeLaws and Rules regulating the affairs of the Association on any matters not provided for in the Constitution. Such ByeLaws or Rules so made, added to, altered or repealed shall come into operation at such time as is fixed by the Council. The Council shall further have full power to decide all questions relating to the management of the Association and all questions arising out of or not covered by the Constitution, ByeLaws or Rules and such decision shall be final unless and until altered or reversed by resolution of the members of the Association at an Extraordinary General Meeting.


45

Decision by Council Final

The decision of the Council on all matters dealt with by them in accordance with the provisions of the Constitution, the ByeLaws and the Rules and such Resolutions as aforesaid, shall be final and binding on all members of the Association.


46

Quorum for Council

The Council shall meet at least once a month or as often as the business of the Association may require; and may act notwithstanding any vacancy in their body. At every meeting, six Council Members shall constitute a quorum.


47

Delegation of Power to Committees

The Council may so far as it deems expedient delegate any of its powers to Committees appointed to deal with special matters or business.


48

Matters Not Provided For

The Council may decide on any matter not provided for in the Constitution, subject to such decision being not repugnant to the Constitution and being rectified at the next Annual General Meeting.

General Meeting

49

Annual General Meeting

The Annual General Meeting of the Association shall be held during the month of June on a date to be fixed by the Council, to receive and deliberate upon the annual report of the Council, the annual statement of accounts, to elect Members to the Council, to appoint Auditors for the ensuing year, and to transact any other business of which fourteen clear days’ notice has been given in writing to the Honorary Secretary. Not less than three weeks’ notice shall be given to Members and Associates of the Annual General Meeting. At least twenty-five percent of the total Professional Members and Corporate Members' representatives or 30 Professional Members and Corporate Members’ representatives, whichever is the lesser, shall be present at every Annual General Meeting for its proceedings to be valid.


49a

The Agenda, accounts and any supporting papers for proposed motions to be raised at the Annual General Meeting shall be circulated not less than three weeks in advance of the meeting.


50

In the event of a quorum not being present within thirty minutes of the fixed time for the commencement of the meeting, the meeting shall stand adjourned to the same place and the same day and hour in the following week, or to any other venue or date as the Council may direct but subject to a minimum notice of seven days in this case, when the Professional Members and Corporate Members' representatives present, whatever their number shall constitute a quorum. The accidental omission to send notice of a meeting to or the non receipt of a notice by any member shall not invalidate the proceedings at the meeting. The adjourned meeting with insufficient quorum shall have not power to alter, amend or make additions to the existing Constitution.


51

Voting at Meetings

At all Meetings, every person present and entitled to vote shall cast one vote only even if he is both a Professional Member and a Corporate Member's representative. At all Meetings questions shall be decided according to the majority of votes properly cast thereat, and in the case of equality, the President or other person presiding shall have a second or casting vote.

ONLY PROFESSIONAL MEMBERS AND CORPORATE MEMBERS' REPRESENTATIVES HAVE VOTING RIGHTS.


52


Scrutineers

At the Annual General Meeting two or more Professional Members and/or Corporate Members' representatives shall be chosen as Scrutineers to count the votes and report the result to the President and to the Annual General Meeting. The Scrutineers shall reject any voting paper on which a Member has voted for a number more than that prescribed on the voting paper.


53

Extraordinary General Meeting

The Council may at any time call an Extraordinary General Meeting of the Professional Members and Corporate Members' representatives for a specific purpose relating to the direction and management of the concerns of the Association; and the Council are at all times bound to do so on a requisition in writing of fifteen per cent of the total number of Professional Members and Corporate Members' representatives. Such requisition shall state the matters to be brought before and the Resolutions (if any) to be moved at such Extraordinary General Meeting.


54

Procedure for Extraordinary General Meeting

A notice shall be sent to all Members at least twenty one days before the time appointed by the Council for such Extraordinary General Meetings and the notice shall specify the general nature of the matters to be brought before and the resolutions (if any) to be moved at such meeting, and no other than that business shall be transacted at that meeting.


55

Twenty-five percent of the total Professional Members and Corporate Members' representatives (or their Proxy) or 30 Professional Members and Corporate Members’ representatives (or their Proxy), whichever is the lesser, present shall constitute a quorum. In the event of a quorum not being present within thirty minutes of the time fixed for the commencement of the meeting, the meeting shall stand adjourned to the same place and the same day and hour in the following week, or to any other venue or date as the Council may direct but subject to a minimum notice of seven days in this case, when the Professional Members and Corporate Members' representatives present, whatever their number, shall constitute a quorum. The accidental omission to send notice of a meeting to or the non receipt of a notice by any member shall not invalidate the proceedings at the meeting. The adjourned meeting with insufficient quorum shall have no power to alter, amend or make additions to the existing Constitution.


55a

All proposed changes to the constitution need to be circulated to the members not less than four weeks before the scheduled Annual General Meeting or Extraordinary General Meeting.


55b

For the Purpose of Article 55, a Proxy is a one-to-one replacement for a Corporate Member representative who cannot attend the Annual General Meeting. The Proxy must be a Professional Engineer in employment by the Corporate Member at the time of the Annual General Meeting. The name and PE number of the Proxy must be nominated in writing by the Corporate Member representative to the Honorary Secretary a minimum of 24 hours before the start time of the Annual General Meeting, along with the details of the Corporate Member representative that is being replaced.


56

Amendments to the Constitution

Any proposal involving an amendment to the Constitution shall not be carried except by a two thirds majority vote expressed at an Annual General Meeting or Extraordinary General Meeting called for the purpose. The amendments shall not come into force without the sanction of the Registrar of Societies.

Discipline

57

Disciplinary Action

In any instance in which the Council shall be of the opinion that the conduct of any Member shall become subject of enquiry with a view to ascertaining whether in the interests of the Association there are grounds for disciplinary action, or in any case in which ten or more Members shall think fit to draw up and sign a proposal for disciplinary enquiry to be taken against a Member, on any ground whatever, and shall deliver the same to the Hon. Secretary to be laid before the Council for their consideration, the Council shall make such enquiry and take such action in accordance with such Disciplinary Regulations as may be promulgated by the Council from time to time.


58

Expulsion

If a Member is convicted by a competent tribunal of felony, embezzlement, larceny, misdemeanour or other offence which in the opinion of the Council renders him unfit to be a Member, the Council shall have the right to remove his name from the Register thereby expelling him from the Association.


59

Professional Conduct

All Members are required to order their conduct so as to uphold the dignity, standing and reputation of the Association. For the purpose of ensuring the fulfilment of this requirement, the Council may make, amend and rescind Rules to be observed by Members with regard to their conduct in any respect which may be relevant to their position or intended position as members of the Association and may publish directions or pronouncements as to specific conduct which is to be regarded as proper or as improper as the case may be.

Accounts

60

Statement of Funds

A Statement of the funds of the Association, and of the receipts and payments during the past year, terminating on the thirty-first (31st) of March shall be made under the direction of the Council, and after having been verified and signed by the Auditors, shall be laid before the Annual General Meeting.



61

Annual Report

The Council shall draw up a yearly report on the state of the Association which shall be presented at the Annual General Meeting.


62

Accounting

The Council shall cause true accounts to be kept of all sums of money received and expended by the Association and of matters in respect of which such receipts and expenditure take place and of all the properties, credits and liabilities of the Association.



63

Care of Funds

All monies belonging to the Association received by the Honorary Treasurer shall be deposited in the account of the Association to be opened at a bank approved by the Council and payments of all accounts that are certified as correct by the Council shall be made therefrom by cheque signed by two persons, one from each in the following two groups:

  1. The President & Vice-President or

  2. The Honorary Secretary & Honorary Treasurer


The Council has power to authorise the expenditure of a sum not exceeding eighty thousand dollars ($80,000.00) per month from the Association’s funds for the Association’s purposes.



64

The Seal

The Seal of the Association shall be affixed to such certificates, deeds and documents as require to be sealed, only in the presence of the President and the Honorary Secretary, or such persons as they may respectively appoint for the purpose; and the President and the Honorary Secretary or such other persons as aforesaid, shall sign very instrument to which the Seal of the Association is affixed.

Audit

65

Financial Year

The financial year of the Association shall close on the thirty-first day of March in each year.



Appointment of Honorary Auditors

Two Honorary Auditors for the ensuing year shall be appointed by a resolution of the Professional Members and Corporate Members' representatives at each Annual General Meeting. They shall not be Council Members and shall hold office for one session only and shall not be re-elected for the following session.


66

Verification of Accounts

The Honorary Auditors shall have access at all reasonable times to the accounts of the pecuniary transactions of the Association and they shall verify and sign the annual statement of the accounts before it is submitted by the Council to the Annual General Meeting.


Trustees

67

If the Association at any time acquires any immovable property, such property shall be vested in trustees of the Association subject to a declaration of trust.


68

The Association shall have no more than four (4) trustees but not less than two (2) trustees at any one time. The trustees of the Association shall be Professional Members or Corporate Members’ Representatives.


69

The trustees of the Association shall:

  1. Be Singapore Citizens or Singapore Permanent Residents;

  2. Be elected at an Annual General Meeting or Extraordinary General Meeting of the Association;

  3. Not effect any sale or mortgage of any immovable property without the prior approval of the Association given at an Annual General Meeting or an Extraordinary General Meeting.


70

The office of a trustee shall be vacated:

  1. If the trustee dies or becomes a lunatic or of unsound mind;

  2. If he is absent from the Republic of Singapore for a period of more than one (1) year;

  3. If he is guilty of misconduct of such a kind as to render it undesirable that he should continue as a trustee;

  4. If he submits a notice of resignation from his trusteeship.


71

Notice of any proposal to remove a trustee from his trusteeship or to appoint a new trustee to fill a vacancy must be given by posting it on the notice board in the Association’s premises at least two (2) weeks before the Annual General Meeting or an Extraordinary General Meeting at which the proposal is to be discussed. The result of such Annual General Meeting or Extraordinary General Meeting shall then be notified to the Registrar of Societies.


72

The addresses of each immovable property, the name of each trustee and any subsequent change must be notified to the Registrar of Societies.

Dissolution

73

The Association shall not be dissolved except with the consent of not less than two thirds of the Professional Members and Corporate Members' representatives for the time being resident in Singapore expressed at an Extraordinary General Meeting called for the purpose. In the event of the Association being 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. Notice of dissolution shall be given within seven days of the dissolution to the Registrar of Societies.

Indemnity

74

The funds of the Association shall not be used to pay the fines of members who have been convicted in Court.


75

The Association shall not attempt restrict or in any other manner interfere with trade or prices or engage in any Trade Union activity as defined in any written law relating to Trade Unions for the time being in force in Singapore.


76

The Association shall not hold any lottery, whether confined to its members or not, in the name of the Association or its office-bearers, Committee or members.


77

The Association shall not indulge in any political activity or allow its funds and/or premises to be used for political purposes.