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Malaysian Red Crescent Society (Incorporation) Act 1965 (Revised 1995)

LAWS OF MALAYSIA

REPRINT

Act 540

MALAYSIAN RED CRESCENT

SOCIETY (INCORPORATION)

ACT 1965

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

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MALAYSIAN RED CRESCENT SOCIETY

(INCORPORATION) ACT 1965

First enacted ... ... ... ... ... ... ... 1965 (Act No. 47 of 1965)

Revised ... ... ... ... ... ... ... 1995 (Act 540 w.e.f 30 November 1995)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2002

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LAWS OF MALAYSIA

Act 540

MALAYSIAN RED CRESCENT SOCIETY

(INCORPORATION) ACT 1965

ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Interpretation

3. Incorporation of the former Corporation and the Branches of the British Red Cross Society in Sabah and Sarawak

4. Objects of the Corporation

5. Purposes of the Corporation

6. Council

7. Common seal of the Corporation

8. Register of members

9. Rules and by-laws

10. (Omitted)

11. Transfer of property and liabilities, etc.

12. Application of income and property

13. Saving

14. Repeal 4 Laws of Malaysia ACT 540

5Malaysian Red Crescent Society (Incorporation)

LAWS OF MALAYSIA

Act 540

MALAYSIAN RED CRESCENT SOCIETY

(INCORPORATION) ACT 1965

An Act to incorporate the Malaysian Red Crescent Society and the Branches of the British Red Cross Society in Sabah and Sarawak under the name of Persatuan Bulan Sabit Merah Malaysia (or in English the Malaysian Red Crescent Society), and for purposes connected therewith.

[Throughout Malaysia--1 July 1965]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the Malaysian Red Crescent Society (Incorporation) Act 1965.

Interpretation

2. In this Act, unless the context otherwise requires-- "appointed day" means the day on which this Act comes into operation;

"Branch" means any of the Branches of the British Red Cross Society in Sabah or Sarawak;

"Council" means the Council constituted under section 6; "Corporation" means the body incorporated under the name of Persatuan Bulan Sabit Merah Malaysia (or in English the Malaysian Red Crescent Society) by this Act;

6 Laws of Malaysia ACT 540

"former Corporation" means the body incorporated under the name of the Federation of Malaya Red Cross Society by the Federation of Malaya Red Cross Society (Incorporation) Act 1962 [Act No. 4 of 1962];

"Minister" means the Minister charged with the responsibility for social welfare

Incorporation of the former Corporation and the Branches of the British Red Cross Society in Sabah and Sarawak

3. The persons who immediately before the appointed day were members of the former Corporation or of any Branch and all such persons as may hereafter become members of the Corporation pursuant to this Act or of any rules or by-laws made thereunder shall be a body corporate by the name of Persatuan Bulan Sabit Merah Malaysia (or in English the Malaysian Red Crescent Society) and by such name shall have perpetual succession and may enter into contracts, and may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may convey, transfer, assign, surrender and yield up, charge, mortgage, demise, reassign or otherwise dispose of, or deal with, any movable or immovable property vested in the Corporation upon such terms as to the Corporation may deem fit, and by the same name may sue and be sued in all courts and in all manner of actions and suits and may do all other matters and things incidental or appertaining to a body corporate.

Objects of the Corporation

4. The objects of the Corporation are to provide an organization which shall be open, without any discrimination on the grounds of religion, race or politics, to all persons in Malaysia to enable them to give effect to the purposes of the Corporation as defined in section 5, and to do all other things as the Corporation or its Council may deem incidental or conducive to the attainment of such objects.

Purposes of the Corporation

5. The purposes of the Corporation shall be-- (a) in time of peace or war, to carry on and assist in work for the improvement of health, the prevention of disease and the mitigation of suffering throughout the world; 7Malaysian Red Crescent Society (Incorporation)

(b) in time of war, to furnish voluntary aid to the sick and wounded both of armies and non-belligerents, to prisoners of war and to civilian sufferers from the effects of war, in accordance with the spirit and covenants of the Geneva Conventions for the amelioration of the conditions of the wounded and sick in armed forces in the field, signed at Geneva on 12 August 1949;

(c) to perform all the duties devolved upon a national society by each nation which has acceded to the said Conventions.

Council

6. (1) The affairs of the Corporation shall be administered by a Council to be constituted in accordance with the rules and by-laws of the Corporation.

(2) The first members of the Council shall be those persons who immediately before the appointed day are the members of the Council constituted under subsection 6(1) of the Federation of Malaya Red Cross Society (Incorporation) Act 1962. Common seal of the Corporation

7. (1) The Corporation shall have a common seal, and such seal may from time to time be broken, changed, altered and made anew as the Corporation deems fit.

(2) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation pursuant to a resolution of the Council to that effect, in the presence of the Chairman or a Vice-Chairman of the Council, and of the Secretary of the same, or some other person authorized by the Council to act in that behalf, who shall sign every such deed, document, or other instrument to which such seal is affixed, and such signing shall be sufficient evidence that such seal was duly and properly affixed and that the same was the lawful seal of the Corporation.

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Register of members

8. (1) The Council shall cause a register to be kept in which the name of every person who is, immediately before the appointed day, a member of the former Corporation or of any Branch, or who may thereafter become a duly admitted member of the Corporation and in which shall be recorded such other matters as may from time to time be determined by the Council.

(2) The register may be kept in such number of parts as the Council may from time to time decide and the duty of keeping parts of the register may be delegated to any member or official of the Corporation.

Rules and by-laws

9. It shall be lawful for the Council from time to time to make, alter or revoke such rules and by-laws as it may deem expedient for the management of the affairs of the Corporation and the accomplishment of its objects, and all such rules and by-laws shall be binding upon the members of the Corporation.

10. (Omitted). Transfer of property and liabilities, etc.

11. (1) On the appointed day all property belonging to the former Corporation or any Branch, whether held in the name of the former Corporation or that Branch, or in the name or names of any person or persons in trust for the former Corporation or that Branch, shall be and the same is hereby vested in the Corporation, and the same together with all after-acquired property, movable or immovable, and all subscriptions, contributions, donations, fines, amounts of loans and advances received or to be received shall be held by the Corporation for the purposes of this Act and subject to the rules of the Corporation.

(2) All debts and liabilities of the former Corporation or any Branch existing immediately before the appointed day shall be paid by the Corporation, and all debts due to and subscriptions and contributions payable to the former Corporation or any Branch shall be paid to the Corporation for the purposes of this Act. 9Malaysian Red Crescent Society (Incorporation)

Application of income and property

12. (1) The income and property of the Corporation, whencesoever derived, shall be applied solely towards the promotion of the objects of the Corporation as set out in this Act, and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to the members of the Corporation:

Provided that nothing herein contained shall prevent the payment in good faith of remuneration to any officers or servants of the Corporation or to any members of the Corporation in return for any services actually rendered to the Corporation. (2) The liability of each member of the Corporation in respect of the transactions of the Corporation shall in no case exceed the amount of such annual subscriptions as may be due from such member to the Corporation.

Saving

13. Nothing in this Act shall affect the rights of the Yang di-Pertuan Agong, the Rulers or the Yang di-Pertua Negeri or of any body politic or corporate or of any other persons except such as are mentioned in this Act and those claiming by, from or under them.

Repeal

14. The Federation of Malaya Red Cross Society (Incorporation) Act 1962 is hereby repealed.

10 Laws of Malaysia ACT 540

LAWS OF MALAYSIA

Act 540

MALAYSIAN RED CRESCENT SOCIETY

(INCORPORATION) ACT 1965

LIST OF AMENDMENTS

Amending law Short title In force from

Act 162 Malaysian Red Cross Society 05-09-1975

(Change of Name) Act 1975

11Malaysian Red Crescent Society (Incorporation)

LAWS OF MALAYSIA

Act 540

MALAYSIAN RED CRESCENT SOCIETY

(INCORPORATION) ACT 1965

LIST OF SECTIONS AMENDED

Section Amending authority In force from

Throughout Act 162 05-09-1975

the Act

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA