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LAWS OF MALAYSIA
REPRINT
Act 517
CHENG HOON TENG TEMPLE
(INCORPORATION) ACT 1949
Incorporating all amendments up to 1 January 2006 PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
CHENG HOON TENG TEMPLE (INCORPORATION)
ACT 1949
First enacted ... ... ... ... ... ... ... 1949 (Ord. No. 34 of 1949)
Revised ... ... ... ... ... ... ... ... 1994 (Act 517 w.e.f. 7 April 1994)
PREVIOUS REPRINT
First Reprint ... ... ... ... ... 2002
3
LAWS OF MALAYSIA
Act 517
CHENG HOON TENG TEMPLE (INCORPORATION)
ACT 1949
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Incorporation
4. Office
5. Membership of the Corporation
6. Register of Members of the Corporation
7. Termination of membership
8. Expulsion of members
9. Rights on incorporation
10. Objects and purposes
11. Standing Committee
12. Employment of Secretaries, Treasurers, etc.
13. Meetings of Standing Committee
14. Charges on funds of the Corporation
15. Advisory Committee
16. Annual Meetings
17. Extraordinary General Meeting
18. General Meetings
19. Chairman of the Corporation 19A. Vice-Chairman of the Corporation
20. Proceedings at General Meetings
21. Notices
22. Seal of the Corporation 4 Laws of Malaysia ACT 517
Section
23. Documents of the Corporation
24. Vesting of properties
25. Investment of Corporation funds
26. Rules
27. Saving of rights FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
5Cheng Hoon Teng Temple (Incorporation)
LAWS OF MALAYSIA
Act 517
CHENG HOON TENG TEMPLE (INCORPORATION)
ACT 1949
An Act to incorporate the Cheng Hoon Teng Temple, Malacca. [28 September 1949]
Short title
1. This Act may be cited as the Cheng Hoon Teng Temple (Incorporation) Act 1949.
Interpretation
2. In this Act, unless the context otherwise requires-- "Advisory Committee" means the Committee referred to in section 15;
"Register" means the Register of Members of the Corporation kept under section 6;
"Standing Committee" means the Committee referred to in section 11.
Incorporation
3. The persons whose names are from time to time inscribed in the Register shall be a body corporate (hereinafter called "the Corporation") and shall have perpetual succession under the name of "The Cheng Hoon Teng Temple".
Office
4. The Corporation shall have an office at the Cheng Hoon Teng Temple in Jalan To' Kong (Temple Street), Malacca, or at such other place as may, from time to time, be specified by the Corporation. 6 Laws of Malaysia ACT 517
Membership of the Corporation
5. (1) The Corporation shall have at least thirty-one members of whom--
(a) four shall be members of the Standing Committee; (b) seventeen shall be members of the Advisory Committee; and
(c) ten shall be elected by the Standing Committee: Provided that the Standing Committee may by special resolution increase the minimum number of members of the Corporation as they think fit.
(2) For the purposes of subsection (1) "special resolution" means a resolution passed by a majority of not less than three-fourths of the members present at a meeting of the Standing Committee duly convened.
(3) If the number of the members of the Corporation shall at any time be less than thirty-one, no business shall be transacted by the Corporation except for the purpose of filling vacancies. (4) As soon as may be after the commencement of this Act, the Standing Committee shall elect not less than ten persons to be members of the Corporation.
(5) No person shall be eligible for membership of the Corporation unless--
(a) he is of Chinese origin;
(b) he has attained the age of thirty years;
(c) he was born in the Federation or the Republic of Singapore or has ordinarily resided in those territories for a period of ten years immediately preceding his election as a member; and
(d) immediately prior to his election as a member, he is not a person professing the Christian or Islamic religion. (6) Every person shall immediately after election as a member of the Corporation, sign the form of consent set out in the Third Schedule, and his name shall not be inscribed in the Register until he shall have signed such form.
7Cheng Hoon Teng Temple (Incorporation)
(7) The Standing Committee may refuse to admit a person as a member of the Corporation and shall not be bound to give its reasons for such refusal, and in any event the fact that there are already thirty-one members of the Corporation (inclusive of the members of the Standing Committee and of the Advisory Committee) shall be a sufficient reason for refusing to admit a person as a member of the Corporation.
(8) Where the application (the proposal) of a person for membership of the Corporation has been rejected by the Standing Committee, that person shall not apply (be proposed) for membership until the expiration of one year from the date of such rejection. Register of Members of the Corporation
6. The Standing Committee shall within three months after the commencement of this Act cause to be kept a Register of Members of the Corporation and to be inscribed therein the name, address and occupation of every person elected to be a member of the Corporation and the date of his election.
Termination of membership
7. A member shall cease to be a member of the Corporation in any of the following events:
(a) if he shall give seven days' notice in writing of his intention to resign by delivering such notice or by sending the same by prepaid registered post addressed to the Corporation at its registered office;
(b) if he shall be adjudicated bankrupt or have a receiving order in bankruptcy made against him;
(c) if he shall be found guilty by any Court of an offence punishable with a maximum sentence of imprisonment for a term of six months or upwards and shall by that Court be sentenced to any term of imprisonment:
Provided always that the Standing Committee shall have power by special resolution to re-elect such member immediately in cases arising from motoring and traffic offences and offences of a like nature;
(d) if he shall become a lunatic;
8 Laws of Malaysia ACT 517
(e) if he shall cease to be ordinarily resident in Malacca or become a Christian or a Muslim;
(f) if, being a member of the Standing Committee, he absents himself from the meetings of such Committee, of which due notice has been given, without special leave of absence obtained from the Chairman of the Corporation on six consecutive occasions and a resolution is passed to that effect at a meeting of the Standing Committee;
(g) if, being a member of the Advisory Committee and having been duly called upon to do so, he fails, without special leave obtained from the Chairman of the Corporation, to attend meetings of the Advisory Committee on six
consecutive occasions and a resolution is passed to that effect at a meeting of the Standing Committee.
Expulsion of members
8. If in the opinion of the Standing Committee any member of the Corporation shall misconduct himself or his affairs, or otherwise be or become unfit to continue to be a member he may, by the vote of two-thirds of the members personally present at a General Meeting of the Corporation specially called to consider the matter, be expelled from the Corporation but he shall at such meeting be given an opportunity of explaining his conduct or the matter giving rise to the calling of the meeting, and no vote shall be passed at such meeting unless such opportunity aforesaid shall have been given. For the purposes of this section, a member shall be deemed to have had an opportunity of attending the said meeting to explain his conduct as aforesaid, if seven clear days' notice of the said meeting specifying the place, the day and the hour of meeting shall be served upon such member either personally or by sending it by registered post addressed to such at his address as is, for the time being, stated in the Register.
Rights on incorporation
9. (1) The Corporation shall have and may use a corporate seal which may, from time to time, be broken, changed, altered or made anew as the Corporation shall deem fit.
(2) The Corporation may sue and be sued in respect of its property and otherwise in all courts.
9Cheng Hoon Teng Temple (Incorporation)
(3) The Corporation may acquire, purchase, lease, take, hold and enjoy for valuable consideration or by way of gift or otherwise movable and immovable property of every description and may sell, exchange, convey, assign, surrender and yield up, mortgage, demise, re-assign, transfer or otherwise dispose of and deal with any movable and immovable property vested in the Corporation upon such terms as the Corporation shall deem fit and shall do and perform all other acts, deeds and things as are conducive to the attainment of the objects and general purposes of the Corporation hereinafter mentioned or are incidental thereto or connected therewith in any manner whatsoever or are likely in any respect to be advantageous to the Corporation.
Objects and purposes
10. The objects and general purposes of the Corporation shall be--
(a) the promotion, propagation and observance of the doctrines, ceremonies, rites and customs of the Buddhist and other religions (including Confucianism and Taoism, but not including the Christian or Islamic religions) commonly professed or maintained in Malacca by the Chinese Community;
(b) the maintenance, administration and improvement of and, if necessary, the enlargement and rebuilding of the Cheng Hoon Teng Temple and other Temples which may belong to or be acquired by or under the care or control of the Corporation;
(c) the maintenance, administration and improvement and, if necessary, the enlargement and development of all burial grounds and other property of whatever description belonging to or acquired by the Corporation whether by way of gift, surrender, purchase, or in any other manner and the development for building or other purpose any land belonging to or under the control of or acquired by the Corporation as aforesaid and the rebuilding or improvement of properties belonging to or under the control of or acquired by the Corporation which is not required for use as a burial ground;
(d) the establishment of a register of Chinese marriages; the provision and maintenance of a place to be set apart for the solemnization of marriages in accordance with Buddhist 1 0 Laws of Malaysia ACT 517
or Chinese practice; the establishment and maintenance of a crematorium for use in accordance with the doctrines of Buddhism, or any other religion commonly professed by the Chinese Community in Malacca;
(e) such other charitable, humanitarian and religious purposes or objects for the benefit of the Chinese Community of the Federation and the Republic of Singapore including the relief of distress among the Chinese Community of these territories and the provision of adequate facilities for burial of the dead as shall be considered desirable by the Corporation.
Standing Committee
11. (1) The affairs of the Corporation shall be managed by a Standing Committee consisting of not less than four and not more than six members to be styled Thye Lees or Managing Trustees who may exercise all such powers of the Corporation as are not by this Act or any other law in force for the time being required to be exercised by the Corporation in General Meeting. (2) No person shall be eligible for the office of Thye Lee or Managing Trustee unless--
(i) he is a member of the Corporation; and
(ii) his nomination for election is approved by a majority of the Standing Committee.
(3) The first members of the Standing Committee shall be Poh Kim Tiong of No. 55, Jonker Street, Malacca, Chan Teck Chye of No. 30, Second Cross Street, Malacca, Tan Cheng Lock of 96, First Cross Street, Malacca and Loh Kim Swi of 317C, Klebang Besar, Malacca.
(4) The members of the Standing Committee (other than the original members) shall be elected from the members of the Corporation in manner hereinafter appearing.
(5) The four original members of the Standing Committee named in subsection (3) shall retire from office in the order therein set out respectively at the second, third, fourth and fifth Annual General Meetings of the Corporation held after the commencement of this Act. In each case, the retiring member shall be eligible for re-election at the Annual General Meeting at which he retires. 1 1Cheng Hoon Teng Temple (Incorporation)
Thereafter each member of the Standing Committee shall retire from office at the Annual General Meeting held next after the expiry of a period of five years from the date of such member's previous election or re-election. Such retiring member shall be eligible for re-election at the Annual General Meeting at which he retires.
(6) If any member of the Standing Committee desires to retire from acting as such he shall give to the Corporation one month's notice in writing of such desire, and his resignation shall take effect from the date of the expiration of such notice or its earlier acceptance by the remaining members of the Standing Committee. (7) If for any cause any casual vacancy shall occur in the Standing Committee such vacancy may be filled by a member of the Corporation elected by the Standing Committee, and any person so elected shall (unless otherwise arranged at the time of his election) hold office for the remainder of the period during which the member in whose place he shall be elected would have held office had such a vacancy not occurred.
(8) Any member of the Standing Committee with the consent of that Committee may, by writing under his hand, appoint any member of the Corporation (including another member of the Standing Committee) to be his substitute for any period not exceeding three months and every such substitute shall, in the absence from the Standing Committee of the member appointing him, be entitled to attend and vote at the meetings of the Standing Committee and shall have and exercise all powers, rights, duties and authorities of the member appointing him. A member of the Standing Committee may, at any time, revoke the appointment of a substitute appointed by him and, subject to the consent of the Standing Committee, appoint another person in his place, and if a member of the Standing Committee shall die, or cease to hold office, the appointment of his substitute shall thereupon cease and determine. Any member of the Standing Committee who is appointed a substitute under this subsection on behalf of one or more members shall be entitled to vote at a meeting of the Standing Committee on behalf of the member or each of the members so appointing him as distinct from the vote to which he is entitled in his own capacity as a member of the Standing Committee and shall also be considered as two or more members for the purposes of making a quorum of the Standing Committee. Every person acting as a substitute for a member shall alone be responsible to the Corporation for his own acts and defaults, and he shall not be deemed to be agent of or for the member appointing him.
1 2 Laws of Malaysia ACT 517
Employment of Secretaries, Treasurers, etc.
12. (1) The Standing Committee may employ and pay a Secretary or Secretaries, Treasurer or Treasurers, auditor or auditors, priests and scholars properly versed in the doctrines of Buddhism, Confucianism or Taoism and such other persons as they consider necessary to assist them in the management of the affairs of and the carrying out of the objects and purposes of the Corporation. (2) Particulars of the appointments of the persons referred to in subsection (1) and of the election of every member of the Standing Committee including the name, address and occupation of the person appointed, the date of the appointment and the office to which the person was appointed, shall be published in the Gazette within twenty-one days after the date of such appointment. Meetings of Standing Committee
13. (1) The Standing Committee shall meet at least once in every three lunar months for the despatch of business and to discuss the management and affairs of, and matters of interest to, the Corporation and three members of the Standing Committee shall form a quorum: Provided always that upon the receipt by the Secretary of a requisition by any member of the Standing Committee at any time, the Secretary shall convene a meeting of the Standing Committee within seven days from the date of receipt of such requisition. (2) The Chairman of the Corporation shall preside at all meetings of the Standing Committee. In his absence the Vice-Chairman of the Corporation shall preside or in the absence of both the Chairman and Vice-Chairman the members shall appoint one of their number to preside.
(3) All questions arising at any meeting of the Standing Committee shall be decided by a majority of votes and each member present shall be entitled to one vote and in the case of an equality of votes the Chairman or the person presiding at the meeting shall have an additional or casting vote.
(4) The Standing Committee shall cause to be kept minutes of the proceedings of all meetings of the Standing Committee and such minutes shall be submitted for confirmation at the next 1 3Cheng Hoon Teng Temple (Incorporation)
succeeding meeting of the Standing Committee and if then confirmed, with or without amendment as the case may require, shall be signed by the Chairman or the person presiding at the meeting at which such confirmation is made and thereafter shall be prima facie evidence of all proceedings evidenced thereby. (5) The Standing Committee shall cause proper books of account to be kept and therein to be entered full particulars of all assets and liabilities and of all receipts and disbursements on account of the Corporation and of all other matters and things relative thereto and necessary to explain such entries and the Standing Committee shall cause such books of account to be audited annually by an auditor authorized as such under the Companies Act 1965 [Act 125] and every other law for the time being in force concerning joint stock companies.
(6) Not later than the end of the fifth lunar month in each year according to the old Chinese calendar, the Standing Committee shall cause to be prepared, audited by an auditor authorized as such under the Companies Act 1965 and every other law for the time being in force concerning joint stock companies, and distributed to all members of the Corporation, a statement in the form of a balance sheet containing particulars of all assets and liabilities of the Corporation and an account of the receipts and disbursements during the Chinese lunar year preceding.
Charges on funds of the Corporation
14. Every member of the Standing Committee shall be indemnified out of the funds of the Corporation against all costs, charges, expenses, losses and liabilities incurred by him in the management of the affairs of the Corporation or in the discharge of his duties, and no member of the Standing Committee shall be liable for the acts, defaults or omission of any other member of the Standing Committee, or by reason of his having joined in any receipt for money not received by him personally, or for any loss on account of defect of title to any property acquired by the Corporation or on account of the insufficiency of any security in or upon which any moneys of the Corporation shall be invested, or for any loss incurred through any bank, broker or other agent or for any loss or damage arising from or out of the bankruptcy, insolvency or tortious act of any person with whom any moneys, securities or effects have been deposited or occasioned by any error of judgment or oversight on his part, or for any other loss, damage or misfortune 1 4 Laws of Malaysia ACT 517
whatever which shall happen in the execution of the duties of his office or in relation thereto, unless the same shall happen through his wilful act or default.
Advisory Committee
15. (1) The Standing Committee may request all or any of the members of an Advisory Committee to attend at every or any of its meetings to assist and advise the Standing Committee in the management of the affairs of the Corporation.
(2) The Advisory Committee shall consist of not less than seventeen and not more than twenty-four members of the Corporation. Members of the Advisory Committee shall be styled Kay Teohs. (3) No person shall be eligible as a member of the Advisory Committee unless--
(i) he is a member of the Corporation; and
(ii) his nomination for election is approved by a majority of the Standing Committee.
(4) The original members of the Advisory Committee shall be-- Tan Swi Chay Ho Kim Toon
Cheong Tiong Hak Guan Kim Lee
Ong Tock Seng Tan Koon Tiang
Tan Thiam Thye Tan San Hong
Chee Hong Chiang Goh Tiow Wan
Ee Yew Kim Tan Seng Tee
Tan Soo Chong Chi Sun Cheng
Goh Tiow Chong Chee Guan Chiang
Wee Soon Teck
(5) Members of the Advisory Committee (other than the original members) shall be elected from the members of the Corporation in the same manner as near as may be as that provided for the election of members of the Standing Committee.
1 5Cheng Hoon Teng Temple (Incorporation)
(6) At the first Annual General Meeting of the Corporation and at each Annual General Meeting of the Corporation held in every succeeding year one-third of the members of the Advisory Committee or if their number is not a multiple of three then the number nearest to one-third, shall retire from office, the members to retire being those who have been longest in office since their last election but as between persons who became members of the Advisory Committee on the same day those to retire shall (unless otherwise agreed amongst themselves) be determined by lot. Retiring members shall be eligible for re-election.
(7) If any member of the Advisory Committee desires to retire from acting as such he shall give to the Corporation one month's notice in writing of such desire and his resignation shall take effect from the expiration of such notice or its earlier acceptance by the Standing Committee.
(8) If for any cause any casual vacancy shall occur in the Advisory Committee such vacancy may be filled by a member of the Corporation elected by the Standing Committee, and any person so elected shall (unless otherwise arranged at the time of his election) hold office for the remainder of the period during which the member in whose place he shall be elected would have held office had such a vacancy not occurred.
Annual Meetings
16. (1) The Corporation shall at least once in every Chinese lunar year not later than the last day of the sixth lunar month according to the old Chinese calendar hold an annual meeting of its members. (2) The business to be transacted at each annual meeting shall be the consideration of the annual statement of accounts, the consideration of any question raised as to the management of the affairs of the Corporation and when necessary the election of members of the Standing Committee, Advisory Committee and the Chairman of the Corporation.
Extraordinary General Meeting
17. (1) Upon receipt of a requisition by at least two members of the Standing Committee, or of five members of the Advisory Committee or of ten members of the Corporation the Standing Committee shall proceed to convene an Extraordinary General Meeting of the Corporation.
1 6 Laws of Malaysia ACT 517
(2) The requisition shall state the objects of the meeting and shall be signed by the persons making it and deposited at the office of the Corporation. The requisition may consist of more documents than one provided the same are duly signed and specify the same or similar objects. Unless called by the Standing Committee no business shall be transacted except those stated in the requisition. (3) The Standing Committee shall within ten days from the receipt of such requisition aforesaid cause an acknowledgment to be sent to the signatories and shall within one month from the receipt of such requisition cause an Extraordinary General Meeting to be held to discuss the objects specified in the requisition. (4) If the Standing Committee do not within the time aforesaid cause an Extraordinary General Meeting of the Corporation to be held in manner aforesaid the persons making the requisition or a majority of them may themselves convene the meeting and any meeting convened by such persons shall be convened in the same manner as nearly as possible as that in which such meetings ought to be convened by the Standing Committee.
General Meetings
18. (1) The Annual General Meeting and all Extraordinary General Meetings are hereinafter referred to as General Meetings. (2) The Standing Committee shall cause to be sent by post to all members of the Corporation whose names appear for the time being on the Register a notice of every General Meeting of the members of the Corporation and such notice shall specify the date, time and place for the holding of the meeting, the general nature of the business to be transacted and, in case of special business, concise particulars thereof, and such notice shall be sent as aforesaid at least seven days prior to any such meeting being held. (3) Every General Meeting of the Corporation shall be held at the office of the Corporation or at such other place as may be specified by the Standing Committee or if called under subsection 17(4) by the persons making a requisition in the notice calling such meeting.
1 7Cheng Hoon Teng Temple (Incorporation)
Chairman of the Corporation
19. (1) Subject to subsection (4) the members of the Corporation in General Meeting shall elect from among the members of the Standing Committee a Chairman of the Corporation who shall hold office for a term of three years.
(2) A Chairman elected pursuant to subsection (1) shall retire from office at the third Annual General Meeting held after his election but shall be eligible for re-election.
(3) A Chairman elected pursuant to subsection (1) or re-elected pursuant to subsection (2) may, during his term of office, retire by giving to the Standing Committee not less than one calendar month's notice of his intention so to do and in such event or in the event of his being unable or unwilling to continue in office until the expiry of his term the Vice-Chairman elected under section 19A shall assume the office of Chairman until the next Annual General Meeting when a Chairman shall be elected in the manner provided for in subsection (1).
(4) The first Chairman of the Corporation shall be the said Chan Teck Chye.
Vice-Chairman of Corporation
19A. (1) The Standing Committee shall at the first meeting subsequent to the Annual General Meeting at which a Chairman is elected pursuant to subsection 19(1) or is re-elected pursuant to subsection 19(2) elect from among its members a Vice-Chairman of the Corporation who shall hold office for a term of three years but shall be eligible for re-election.
(2) A Vice-Chairman elected or re-elected pursuant to subsection (1) may during his term of office, retire by giving to the Standing Committee not less than one calendar month's notice of his intention so to do and in such event or in the event of his being unable or unwilling to continue in office until the expiry of his term or in the event of his assuming the office of Chairman pursuant to subsection 19(3) the Standing Committee shall at its next meeting elect a Vice-Chairman in his place.
1 8 Laws of Malaysia ACT 517
Proceedings at General Meetings
20. (1) Seven members of the Corporation shall form a quorum at all General Meetings.
(2) The Chairman of the Corporation shall preside at all meetings of the Corporation but if at any meeting he be not present the Vice- Chairman of the Corporation shall preside or if neither the Chairman nor the Vice-Chairman be present the meeting shall appoint a member of the Standing Committee to preside.
(3) Every question arising at a General Meeting shall be decided by a majority vote on a show of hands or on a ballot if a ballot be demanded by the Chairman or the person presiding at such General Meeting or by not less than five of the members present at such General Meeting. Every Member shall have one vote and in the case of an equality of votes the Chairman or the person presiding at the meeting shall have an additional or casting vote. The Chairman or the person presiding at a General Meeting of the Corporation shall cause minutes to be kept of all proceedings at such General Meeting.
Notices
21. Whenever, under this Act, a notice or other document is required to be sent to a member of the Corporation, such notice or other document shall, if sent by post addressed to such member at his address as is, for the time being, stated in the Register, be deemed to have been served at the latest within forty-eight hours after the same shall have been posted, and in proving such service it shall be sufficient to prove that the cover containing the same was properly addressed and put into a Post Office. A certificate in writing, signed by at least two members of the Standing Committee, that the letter, envelope or wrapper, was so addressed and posted shall be deemed to be conclusive evidence thereof. The non-receipt of any notice or other document by any member shall not invalidate the proceedings at any meeting.
Seal of the Corporation
22. The seal of the Corporation shall be kept at the office of the Corporation and shall not be affixed to any document except by the authority of a resolution of the Standing Committee and in the presence of at least two members of the Standing Committee and the Secretary or the person acting as Secretary, and such members 1 9Cheng Hoon Teng Temple (Incorporation)
of the Standing Committee and the Secretary or the person acting as Secretary shall sign every instrument to which the seal shall be affixed in their presence and such signatures shall be conclusive evidence of the fact that the Seal has been properly affixed. Documents of the Corporation
23. (1) The Register, the minutes of proceedings at all General Meetings of the Corporation and at all meetings of the members of the Standing Committee, and the books of account of the Corporation shall be kept at the office of the Corporation and shall at all reasonable times be open for inspection by any member of the Corporation provided that the written permission of the Chairman of the Corporation be obtained prior to such inspection. (2) The title deeds and securities of the Corporation shall be kept at such place and in such custody as the Chairman of the Corporation with the approval of the Standing Committee shall decide and the Chairman of the Corporation shall be responsible for their safe custody.
Vesting of properties
24. (1) The several persons mentioned in the third column of the First and Second Schedules or the survivors or survivor of them or the personal representative or representatives of the last survivor of them, being the persons or person in whom are vested the respective estates and interests mentioned in the second column of these Schedules in the lands hereditaments and premises specified in the first column of the said Schedules, are hereby divested of such estates and interests and such estates and interests are hereby vested in the Corporation subject nevertheless to all conditions of tenure incident thereto and to any trust affecting the same but with full power, subject as aforesaid, for the Corporation as such Trustees to deal with the property so vested in accordance with this Act. (2) All moneys and movable property held by any person on behalf of the Cheng Hoon Teng Temple or any other temple deity or funds under its management or control and all moneys subscribed for the purposes of the Corporation and all properties movable purchased or agreed to be purchased with such moneys shall be vested in the Corporation and the same all subscriptions and donations to the Corporation shall be held by the Corporation in trust for the purposes in this Act declared.
2 0 Laws of Malaysia ACT 517
Investment of Corporation funds
25. (1) The funds of the Corporation may be invested in any of the investments authorized from time to time by law for the investment of trust funds.
(2) Sections 4 to 15 of the Trustee Act 1949 [Act 208] shall apply as near as may be to the members of the Standing Committee for the time being.
Rules
26. (1) The Standing Committee may make, and when made vary or revoke, rules not inconsistent with this Act-- (a) to prescribe the conditions relating to eligibility for membership of the Corporation and the method of election; (b) to regulate the election of members of the Standing Committee, Advisory Committee and Chairman of the Corporation;
(c) to regulate the calling and conduct of meetings of the Standing Committee and Advisory Committee and their procedure in transacting business;
(d) for the appointment of subcommittees to whom may be delegated powers to manage any temple, burial ground or other property of the Corporation;
(e) to allocate duties to and to regulate the exercise of executive powers by the Standing Committee and Subcommittee of the Corporation;
(f) to regulate the collection of subscriptions for the purposes of the Corporation;
(g) to regulate the keeping and presentation of accounts; (h) to regulate the appointment, conduct and dismissal of servants of the Corporation;
(i) to provide for the creation and upkeep of a register of Chinese marriages, and for the conduct of marriage ceremonies solemnized in accordance with the practice of Buddhism, Confucianism or Taoism;
(j) to regulate funeral ceremonies solemnized in accordance with the practice of Buddhism, Confucianism or Taoism; 2 1Cheng Hoon Teng Temple (Incorporation)
(k) to regulate the manner in which all religious service, religious instruction and the preaching of sermons may be conducted;
(l) for any other purposes necessary or expedient in the management of the affairs and the carrying into effect of the objects and purposes of the Corporation.
(2) Rules so made shall be certified under the hand of the Chairman of the Corporation, shall be published in the Gazette and shall not be effective until the expiration of one month from the date of such publication.
Saving of rights
27. Nothing in this Act shall affect the rights of His Majesty, His Heirs and Successors, or the rights of Their Highnesses the Rulers, and Their Successors, or the rights of any body politic or corporate, or of any other persons except such as are mentioned in this Act and those claiming by, through, from or under them. 2 2 Laws of Malaysia ACT 517
FIRST SCHEDULE
[Subsection 24(1)]
Particulars of property Estate and In whom vested Name of trust Interest held
1. All that piece of land Fee simple Tan Kim Seng, Cheng Hoon situate at Third Cross Street President of Teng Temple. in the Town and Settlement Cheng Hoon
of Malacca now known as Teng Hood Cho
Town Area XV and Temple.
Government resurvey No.
23 and containing by the
same resurvey an area of
3,300 square feet together
with the buildings thereon
erected and known as
Municipal No. 12, Third
Cross Street, Malacca.
2. All that piece of land Fee simple Tan Jiak Whye Cheng Hoon situate at Jonker Street in and Tan Hoon Teng Temple. the Town and Settlement Guan as trustees
of Malacca now known as of Cheng Hoon
Town Area XIII and Teng, Malacca
resurvey an area of 7,328 Chinese Temple.
square feet together with
the buildings thereon
erected and known as
Municipal Nos. 110 and
112, Jonker Street,
Malacca.
3. All that piece of land Fee simple Part vested in Cheng Hoon situate at Temple Street in Chua Yen Keng, Teng Temple. the Town and Settlement Tan Chin Seng,
of Malacca now known as trustees and Lee
Town Area XIII and Ting Guan and
Government resurvey lot Koh Eng Chean,
No. 48 part together with members of the
buildings thereon erected Chinese Temple
and known as Municipal Cheng Hoon
Nos. 25, Temple Street, Teng.
Malacca.
4. All that piece of land Fee simple Chan Say Peng, Cheng Hoon situate at Goldsmith Street Sit Kee Ann, Teng Temple. in the Town and Chan Cheng
Settlement of Malacca and Siew and E
now known as Town Area Kong Guan as
XIII and Government trustees of the
resurvey part lot No. 48 Chinese Temple
together with the buildings known as Cheng
thereon erected and known Hoon Teng.
as Municipal No. 21,
Temple Street, Malacca.
5. All that piece of land Fee simple Chan Say Peng, Cheng Hoon situate at Temple Street in Sit Kee Ann, Teng Temple. the Town and Settlement Chan Cheng
of Malacca now known as Siew and E
2 3Cheng Hoon Teng Temple (Incorporation)
Town Area XIII and Kong Guan as
Government resurvey lot trustees of the
No. part 48 and containing Chinese Temple
together with items 13 and known as Cheng
14 above by the same Hoon Teng.
resurvey a total area of
30,280 square feet together
with the buildings thereon
erected and known as
Municipal No. 23, Temple
Street, Malacca.
6. All that piece of land Fee simple Tan Kim Seng Cheng Hoon situate at Temple Street in and Chee Yam Teng Temple. the Town and Settlement Chuan and Chua
of Malacca and now Yen Keng as
known as Town Area XI trustees of the
and marked lot No. 37,125 Chinese Temple
and containing an area of Fund designed
17,078 square feet Cheng Hoon
together with the buildings Teng.
thereon erected.
7. All that piece of land Fee simple Tan Jiak Whye, Cheng Hoon situate at Temple Street in trustee of the Teng Temple. the Town and Settlement property
of Malacca and now belonging to the
known as Town Area XIII Chinese Temple
and Government resurvey known as Cheng
lot No. 57 and containing Hoon Teng.
by the same resurvey an
area of 1,456 square feet
together with the buildings
thereon erected and known
as Municipal No. 3,
Temple Street, Malacca.
8. All that piece of land Fee simple Tan Kim Seng, Cheng Hoon situate at Heeren Street in President, Teng Temple. the Town and Settlement Cheng Hoon
of Malacca and now known Teng Hoon Cho
as Town Area XII and Temple.
Government resurvey
lot No. 55 and containing
by the same resurvey an
area of 1,488 square feet
together with the buildings
thereon erected and known
as Municipal No. 120,
Heeren Street, Malacca.
9. All that piece of land Fee simple Tan Kim Seng Cheng Hoon situate at Bunga Raya in for and on Teng Temple.
the Town and Settlement behalf of
of Malacca Town Area Tapekong
XX, lot No. 1,599-2 Matjo.
resurvey lot No. 118
containing an area of 1,653
square feet together with
the buildings thereon
erected and known as
Municipal No. 12, Bunga
Raya Road, Malacca.
Particulars of property Estate and In whom vested Name of trust Interest held
2 4 Laws of Malaysia ACT 517
10. All that piece of land Fee simple House vested in Cheng Hoon situate at Kampong Pantei Tan Hoon Teng Temple.
in the Town and Chiang, Tan
Settlement of Malacca now Jiak Kim and
known as Town Area XIV, Lee Keng Liat
Government resurvey lot as trustees of the
No. 234 and containing by Chinese
the same resurvey an area Temple, Cheng
of 2,080 square feet Hoon Teng.
together with the buildings Land vested in
thereon erected and known Tye Chong Yah.
as Municipal No. 48,
Kampong Pantei, Malacca.
11. Land and Houses Possessory Present trustees. Cheng Hoon Nos. 70, 72 and 74, Bunga title. Title Teng Temple. Raya, Malacca. deeds mislaid
12. All that piece of land Fee simple Tan Kim Seng. Jelotong situate in the district of Burial
Batu Berendam in the Ground.
Settlement of Malacca,
marked lot No. 6,853,
division 38 and now
known as Government
resurvey lot Nos. 439, 443
and 442 and containing by
the same resurvey an area
of 214 acres 3 roods 22
poles.
13. All that piece of land Licence to The present Jelotong situate in the district of occupy as a trustees of the Burial Batu Berendam in the Burial Cheng Hoon Ground.
Settlement of Malacca, lot Ground Teng Temple,
No. 452 containing an area Malacca.
of 57 acres 2 roods 10
poles.
14. All that piece of land -- Tan Jiak Whye Tye Chong situate at Heeren Street in and Tan Hun Yah.
the Settlement of Malacca, Guan as trustees
marked lot No. 47,978 of Chinese
now known as Town Area Temple, Cheng
XVII resurvey lot No. part Hoon Teng.
45 containing an area of
1,080 square feet (No. 49,
Heeren Street).
15. All those three pieces Fee simple Tan Tjiko as Tye Chong of land situate at Captain China, Yah.
Blacksmith Street, Malacca Malacca, as
now known as Town Area trustees for the
XVI, lot No. 75 containing sick.
an area of 705 square feet
together with the buildings
thereon erected and known
as Municipal Nos. 57B,
57C, and 57D, Blacksmith
Street, Malacca.
Particulars of property Estate and In whom vested Name of trust Interest held
2 5Cheng Hoon Teng Temple (Incorporation)
16. All that piece of land Fee simple Part vested in Tye Chong situate at Heeren Street, in Captain of the Yah.
the Town and Settlement Tjoa Kiamoko
of Malacca and now for the benefit
known as Government of the Chinese
resurvey Town Area XVII, Temple and part
part of lot No. 45 and vested in Tan
containing an area of 2,673 Jiak Whye and
square feet together with Tan Hun Guan,
the buildings thereon trustees of the
erected and known as Chinese
Municipal No. 49, Heeren Temple, Cheng
Street, Malacca. Hoon Teng.
17. All that piece of land Possessory Present trustees. Tye Chong situate at Bunga Raya, in Title. Title Yah.
the Town and Settlement Deeds
of Malacca and now mislaid
known as Town Area XXI
and resurvey lot No. 248
and containing an area of
13,694 square feet
together with the buildings
thereon erected and known
as Municipal Nos. 62, 64
and 66, Wolferstan Road,
Malacca.
18. All that piece of land Fee simple Chinese Temple Tye Chong situate in the mukim of Toapekong Tye Yah.
Bukit China, in the Chong Yah for
Settlement of Malacca, the benefit and
now known as Town Area use of the
XXII, resurvey lot Nos. 73 Chinese
and 74 and containing by inhabitants of
the same resurvey an area the Settlement
of 106 acres 30 poles. of Malacca.
19. All that piece of land Fee simple Captain of Tye Chong situate in the mukim of Chinese Tan Yah.
Bukit China, in the Town Tjojiko.
and Settlement of
Malacca, now known as
Town Area XXI, resurvey
lot No. 255 containing an
area of 43,729 square feet
together with the buildings
thereon erected and known
as Municipal Nos. 53, 59,
61, 73, 75, 77, 81, 83, 69,
79 and 85, Lorong Bukit
China, Malacca.
20. All that piece of land Fee simple Part vested in Tye Chong situate at Jonker Street, Tan Boon Guan Yah.
Malacca, now known as for and on
Town Area XIII lot No. 2 behalf of the
containing an area of 2,304 Tapekong Swun
square feet together with Lan and part in
the buildings thereon Lia Tjan Bin for
erected and known as the Chinese
Municipal Nos. 36 and 38, Tapekong Tay
Jonker Street, Malacca. Tjongia.
Particulars of property Estate and In whom vested Name of trust Interest held
2 6 Laws of Malaysia ACT 517
21. All that piece of land -- Trustees of Poh San situate at Second Cross Cheng Oon Ting Teng.
Street, in the Settlement of Temple.
Malacca, now known as
Town Area XV, resurvey
lot No. 52 and containing
an approximate area of
2,630 square feet together
with the buildings thereon
erected and known as
Municipal Nos. 11 and 13,
Second Cross Street,
Malacca.
22. All that piece of land Fee simple Tan Jiak Whye Poh Siak situate at Tranquerah and Tan Hoon Kuay.
Section I in the Town and Guan, as
Settlement of Malacca, trustees of C. H.
marked lot No. 47,958 and Teng, Malacca
known as Town Area XVII Chinese Temple.
and resurvey lot No. 9 and
containing an area of 605
square feet.
23. All that piece of land Fee simple Tan Hoon Poh Siak situate in First Cross Street Chiang, Tan Kuay.
in the Town and Jiak Kim and
Settlement of Malacca and Lee Keng Liat
now known as Town Area as trustees of the
XVI and resurvey lot No. Chinese Temple,
49 and containing by the Cheng Hoon Teng.
same resurvey an area of
1,200 square feet together
with the buildings thereon
erected and known as
Municipal No. 25, First
Cross Street, Malacca.
24. All that piece of land Fee simple Poh Kim Tiong, Yong Chuan situate at Banda Hilir in Chan Kang Swi, Tian Temple. the Town and Settlement Chan Teck Chye
of Malacca, marked lot and Tan Hoon
No. 1,349 and known as Siang as trustees
Town Area XXIX and of Cheng Hoon
Government resurvey lot Teng.
No. 169 and containing by
the recent resurvey an area
of 1 rood and 23 poles
together with the buildings
thereon erected and known
as Municipal No. 191,
Banda Hilir, Malacca.
25. All that piece of land Customary Chan Kang Swi, Suay Pho situate in the mukim of land E Kong Guan, Hood Keok Padang Temu, in the Poh Kim Tiong, Kang Temple.
Settlement of Malacca, and Koh San Lin
marked serial No. 164, as trustees of
General No. 2,666 and Cheng Hoon
containing an area of 9 Teng Temple.
acres 1 rood 19 poles.
Particulars of property Estate and In whom vested Name of trust Interest held
2 7Cheng Hoon Teng Temple (Incorporation)
26. All that piece of land Fee simple Ong Teng Tat, Tong Sian situate at Bunga Raya in Manager and Seah.
the Town and Settlement trustee to the
of Malacca, Town Area Fund known as
XX, lot No. 1,599, Tong Sian Sia
resurvey lot No. 59 Sek Ji Kiak.
containing an area of 2,020
square feet together with
the buildings thereon
erected and known as
Municipal No. 14, Bunga
Raya Road, Malacca.
27. All that piece of land Fee simple Ong Teng Tat as Tong Sian situate at Banda Hilir, in trustees of the Seah.
the Settlement of Malacca Institution
now known as Town Area called Tong
XXVII and resurvey lot Sian Sia.
No. 30 and containing by
the same resurvey an area
of 18 poles together with
the buildings thereon
erected and known as
Municipal Nos. 70 and 72,
Banda Hilir, Malacca.
28. All that piece of land -- Tan Jiak Kim, Poh Siak situate at Heeren Street in Tan Hoon Kuay.
the Settlement of Malacca, Chiang and Lee
marked lot No. 30 and now Keng Liat,
known as Town Area XVII, trustees of the
resurvey lot No. part 9 Fund of the
containing an area of 1,950 Chinese
square feet together with Temple, Cheng
the buildings thereon Hoon Teng.
erected and known as
Municipal No. 9, Heeren
Street, Malacca.
29. All that piece of land Fee simple Tan Kim Seng, -- situate at Bunga Raya, in President of
the Town and Settlement of Cheng Hoon
Malacca, marked lot No. Teng Hood Cho
1,689 and now known as Temple.
Town Area XX and
resurvey lot No. 1, and
containing by the same
resurvey an area of 3,351
square feet.
30. The old brick and -- Poh Kim Tiong, Tye Chong plank house roofed with Loh Kim Swi Yah.
tiles known as No. 63 (old and Chan Teck
No. 78), Lorong Bukit Chye trustees of
China, Malacca, on the Cheng Hoon
land situate in the mukim Teng Temple.
of Bukit China belonging
to "Tye Chong Yah" Trust.
Particulars of property Estate and In whom vested Name of trust Interest held
2 8 Laws of Malaysia ACT 517
Personal property-- -- Present trustees. Cheng Hoon RM7,445.50 and interest Teng Temple.
payable thereon being
moneys in Court paid
under Malacca reference
No. 1 of 1936.
SECOND SCHEDULE
[Subsection 24(1)]
Particulars of property Estate and In whom vested Name of trust Interest held
1. All that piece of land Fee simple Tjan Tian Quee. Poh San Teng. situate at Heeren Street in
the Town and Settlement
of Malacca marked lot
No. 25 and now known as
Government resurvey as
Town Area XVI, lot No.
36 containing an area of
2,176 square feet together
with the buildings thereon
erected and known as
Municipal Nos. 6 and 8,
Heeren Street, Malacca.
2. All that piece of land Fee simple Tjun Tjun, Poh San Teng. situate at Blacksmith Captain of the
Street in the Town and Chinese of
Settlement of Malacca, Malacca.
marked lot No. 27 and
now known as Town Area
XVI, resurvey lot No. 78
and containing by the
same resurvey an area of
1,904 square feet together
with the buildings thereon
erected and known as
Municipal Nos. 5 and 7,
Blacksmith Street,
Malacca.
3. All that piece of land Fee simple Chinese Poh San Teng. situate at First Cross inhabitants
Street in the Town and Malacca of the
Settlement of Malacca, Tay Song
marked lot No. 24 and Kongsi.
now known as Town Area
XVI, resurvey lot No. 57
and containing by the
same resurvey an area of
1,376 square feet together
with the buildings thereon
erected and known as
Municipal No. 16, First
Cross Street, Malacca.
Particulars of property Estate and In whom vested Name of trust Interest held
2 9Cheng Hoon Teng Temple (Incorporation)
4. All that piece of land Fee simple Tan Jiak Whye Banda Hilir situate at Banda Hilir in and Chua Kye Twa Pek
the Settlement of Tye, trustees of Kong.
Malacca, marked lot No. the Fund of the
1,281/1 and now known Banda Hilir,
as Town Area XXV and Chinese Joss or
marked lot No. 1,281/2, Idol designated
containing an area of 1 Ban Ee Lek
rood 4 poles together with Twa Pek Kong.
the buildings thereon
erected and known as
Municipal No. 101, Banda
Hilir, Malacca.
5. All that piece of land Fee simple Captain of the Banda Hilir situate at Banda Hilir in Chinese Tjoa Twa Pek
the Settlement of Kiauw Ko for Kong.
Malacca, marked lot No. and on behalf
1281/2 now known as of the Chinese
Town Area XXV and Community of
containing an area of 36 Dato.
poles together with the
buildings thereon erected
and known as Municipal
No. 103, Banda Hilir,
Malacca.
6. All that piece of land Fee simple Tapekong Poen Poon Keng situate at Jonker Street in Kieeng. Twa Pek
the Town and Settlement Kong.
of Malacca and now
known as Town Area XIII
and resurvey lot No. 25
and containing by the
same resurvey an area of
3,040 square feet together
with the buildings thereon
erected and known as
Municipal No. 106,
Jonker Street, Malacca.
7. All that piece of land Fee simple Chinese Poon King situate in the mukim of Captain Tjan Twa Pek
Bukit China, in the Tjorn It for and Kong.
Settlement of Malacca on behalf of the
and now known as Town Tapekong Poon
Area XXIII and King.
Government resurvey lot
No. 72 and having by the
same resurvey an area of
20,163 square feet
together with the
buildings thereon erected
and known as Municipal
Nos. 44 and 46, Bukit
China Road.
8. Two pieces of land Fee simple Chan Say Peng, Kay Teoh situate at Goldsmith Tan Hoon Kuay.
Street and Blacksmith Chiang, Tan
Street in the Town and Hoon Guan, Li
Settlement of Malacca Keng Liat and
Particulars of property Estate and In whom vested Name of trust Interest held
3 0 Laws of Malaysia ACT 517
and now known as Town Tan Kwi Lim,
Area XIV and resurvey lot trustees of the
Nos. 95 and 62 property of the
respectively and Tua Pe Kong of
containing by the same Kiticke.
resurvey an area of 1,056
square feet together with
the buildings thereon
erected and known as
Municipal No. 38,
Goldsmith Street and No.
4, Blacksmith Street,
Malacca.
9. All that piece of land Fee simple Sit Boon Ong Yah situate at Kandang, in the Tiong, trustee Kong.
Settlement of Malacca, of Choo Ong
marked lot No. 975 and Yah.
containing an area of 1
acre 2 roods 14 poles.
10. All that piece of land Fee simple Dato Ong Yah Ong Yah Kong situate at Banda Hilir, in and Ong Tiong Banda Hilir the Settlement of Biaun, Tiong Temple.
Malacca, marked No. Liong Ko for
1,350 and now known as and on behalf
Town Area XXIX and of the Chinese
Government resurvey lot Temple of the
No. 168 and containing by Dato called
the same resurvey an area Ong Hoon.
of 1 rood 36 poles.
11. All that piece of land Fee simple Hun Ong Yah Ong Yah Kong situate at Kubu, in the Kongsi. Temple, Kubu.
Settlement of Malacca,
marked as lot No. 37,059
and now known as Town
Area IX, Government
resurvey lot No. 49 and
containing by the same
resurvey an area of 1,410
square feet.
12. All that piece of land Customary Trustee of Siang Tek situate in the mukim of land Siang Tek Kong Temple. Klebang, in the Settlement Kong.
of Malacca, marked General
No. 3,040 containing an
area of 3 roods 12 poles and
comprised in E.M.R. No.
409. Personal property--
RM 1,550 Present -- Poon Keng
trustees Twa Pek
Kong.
Particulars of property Estate and In whom vested Name of trust Interest held
3 1Cheng Hoon Teng Temple (Incorporation)
RM 2,000 Present -- Yong Chuan
trustees Tian (Banda
Hilir Twa Pek
Kong).
RM 587.70 Present -- Kandang Choo
trustees Ong Yah.
RM 944.50 Present -- Twa Pek Kong
trustees Tranquerah.
RM 1,300 Present -- Sam Poh Chay
trustees (Bukit China).
RM 1,000 Present -- Twa Pek Kong
Trustees Klebang.
RM 3,000 Present -- Seow Lan
trustees Whay.
RM 1,000 Present -- Chee Yam
trustees Chuan.
THIRD SCHEDULE
[Subsection 5(6)]
(a) Here insert full name of (a) I,
applicant.
(b) Here insert full address of (b) of
applicant. being (1) upward of 30 years of
age and a non-Christian and
non-Muslim and
(c) Here insert either having (c) (2)
been born in "the Federation
or the Republic of Singapore"
or "having ordinarily resided
in "the Federation or the
Republic of Singapore" for
not less than 10 years".
(d) Here insert occupation. (d) who am
hereby consent to my election
as a member of the Cheng
Hoon Teng Temple and to the
inscription of my name in the
Register of Members; and
agree to abide by the rules and
regulations of the said Cheng
Hoon Teng Temple for the
time being.
Dated this day of 200
Particulars of property Estate and In whom vested Name of trust Interest held
3 2 Laws of Malaysia ACT 517
LAWS OF MALAYSIA
Act 517
CHENG HOON TENG TEMPLE (INCORPORATION)
ACT 1949
LIST OF AMENDMENTS
Amending law Short title In force from
Ord. 46/1955 Cheng Hoon Teng Temple 04-07-1955
(Incorporation) (Amendment)
Ordinance 1955
3 3Cheng Hoon Teng Temple (Incorporation)
LAWS OF MALAYSIA
Act 517
CHENG HOON TENG TEMPLE (INCORPORATION)
ACT 1949
LIST OF SECTIONS AMENDED
Section Amending authority In force from
13 Ord. 46/1955 04-07-1955
19 Ord. 46/1955 04-07-1955
19A Ord. 46/1955 04-07-1955
20 Ord. 46/1955 04-07-1955
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
3 4 Laws of Malaysia ACT 517
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