074b.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 74 Act (incorporation) ACT St. JOHN AMBULANCE MALAYSIA 1972 Contains all amendments to 1 January 2006 074b.fm Page 1 Friday, March 31, 2006 6:34 PM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH (ACT 2006 2 Incorporation) St. JOHN AMBULANCE MALAYSIA 1972 Royal Assent Date............ March 23, 1972 date of publication in the Gazette......... 30 March 1972 REPRINT BEFORE Reprinting the first......... 1994 Reprinting the second......... 1999 074b.fm Page 2 Friday, March 31, 2006 6:34 PM 3 laws of MALAYSIA Act (incorporation) ACT 74 St. JOHN AMBULANCE MALAYSIA 1972 ARRANGEMENT of SECTIONS section 1. Short title 2. Interpretation 3. Incorporation of the Association and Brigade St. John for Malaya, Sabah and Sarawak 4. The Purpose Of The Corporation 5. The goals and purposes of the Corporation 6. Council 7. Seal of the Corporation 8. Register of members 9. Rules 10. Dissolution of the Association and Brigade 11. Transfer of assets and liabilities, etc.
12. The use of the income and the assets of 13. Restrictions on the sale of badges, etc., of Corporations 14. Ownership and restrictions on use of badge 15. Restriction on use of "St. John", etc., for the purpose of ad 16. Penalty 074b.fm Page 3 Friday, March 31, 2006 6:34 PM 074b.fm Page 4 Friday, March 31, 2006 6:34 PM 5 laws of MALAYSIA Act (incorporation) ACT 74 St. JOHN AMBULANCE MALAYSIA 1972 an act for incorporating the St. John Ambulance of Malaysia and for the purpose in respect of which.
[August 31, 1972, P.U. (A) 247/1972]
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 Act (incorporation) St. John Ambulance Malaysia 1972.
Interpretation 2. In this Act, unless the context otherwise requires — "Brigade" means the St. John Ambulance Brigade of Peninsular Malaysia, Sabah or Sarawak;
"Council" means the Council of St. John Ambulance Malaysia established under Kaedah-kaedahnya;
"Minister" means the Minister responsible for health;
"Corporation" means the St. John Ambulance of Malaysia; and "Association" means the Association of St. John Ambulance Peninsular Malaysia, Sabah or Sarawak.
074b.fm Page 5 Friday, March 31, 2006 6:34 PM 6 laws of Malaysia ACT 74 of incorporation of the Association and Brigade St. John for Malaya, Sabah and Sarawak 3. (1) persons who are members of the Association or the Brigade or a member of the Association and Brigade both immediately before this Act comes into force and all those who become members of the Corporation hereinafter pursuant to the provisions of this Act or any rules made thereunder shall be a body corporate by the name St. John Ambulance Malaysia.
(2) the Corporation shall have perpetual succession and may enter into contracts, and may acquire, purchase, take, hold and enjoy any kind of movable and immovable property and may be memindahhakkan, transferring ownership, assign, surrender and return, gave his promise, mendemis, charge, assign or otherwise dispose of, or make any business of any movable or immovable property vested in the Corporation in accordance with such terms as he thinks fit by the Corporation.
(3) the Corporation may sue and sued in all courts and with all manner of legal actions and in all and can do all things and other things that are incidental or with respect to a body corporate.
The Purpose Of The Corporation 4. The purpose of the Corporation is to have a body that is open to everyone in Malaysia to enable them to carry out the objects and purposes of the corporation referred to in section 5, and to do all such other things as may be deemed by the Corporation or its Council as incidental or beneficial to achieve that purpose.
The goals and purposes of the Corporation 5. The goals and purposes of the Corporation are to — (a) to promote and develop all humanitarian work and philanthropy to help 074b.fm Page 6 Friday, March 31, 2006 6:34 PM (incorporation) St. John Ambulance Malaysia 7 people in pain, misery, suffering and dangers without membeza-the difference of race, class, colour or creed;
(b) provide assistance to the sick and wounded during war or peace and advancing the organisation remained in times of peace so that the aid can be held immediately in emergency and first time it shall include the holding of technical medical service savings for the Government and the armed forces;
(c) to promote, encourage and co-ordinate the work of the Corporation in all aspects in Malaysia; and (d) to promote, encourage and co-ordinate relations between them with the similar organisation named St. John in other countries, the Organization of the Red Cross and voluntary organizations or other similar statutory.
Council of 6. (1) the Affairs of the Corporation shall be administered by a Council established in accordance with the rules of the Corporation at the time.
(2) Notwithstanding subsection (1), the Council of St. John Peninsular Malaysia which is established under the Constitution and rules of the Association and Brigade immediately before the coming into operation of this Act shall administer the Affairs of the Corporation for a term not exceeding one year from the commencement of this Act and shall be deemed to Council within the meaning of this Act.
Seal of the Corporation 7. (1) the Corporation shall have a common seal and the seal may from time to time be broken, changed, altered and made anew according as the Corporation thinks fit.
074b.fm Page 7 Friday, March 31, 2006 6:34 PM 8 laws of Malaysia ACT 74 (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 for that purpose in the presence of the person at that time to carry out the duties of Chairman of the Council and in the presence of another person authorized by the Council and they shall sign every deed , documents or other instruments to be sealed, and the signature shall be sufficient evidence that the said seal has been affixed properly and supposed and that the seal was the seal of the Corporation is valid.
Register of members 8. (1) the Council shall cause to be maintained a register in which the names of every person who has been a member of the Association or the Brigade immediately before the coming into operation of this Act or any person is allowed to be a member of the Corporation would then be recorded and which is recorded for any other matter as may be determined from time to time by the Council.
(2) the register shall be maintained in such manner as determined by the Council from time to time and the duty of maintaining the section that can be delegated to any member or officer of the Corporation.
Rules 9. It shall be lawful for the Council from time to time to make, vary or revoke any rules as it may deem expedient to manage the Affairs of the Corporation and to achieve its purpose, and any person who at the time was a member of the Corporation shall be bound by all the rules.
Dissolution of the Association and Brigade 10. Notwithstanding anything contained in the Constitution and rules of the Association and Brigade, the Association and Brigade should be dissolved and cease to exist immediately after the commencement of this Act.
074b.fm Page 8 Friday, March 31, 2006 6:34 PM (incorporation) St. John Ambulance Malaysia 9 transfer of assets and liabilities, etc.
11. (1) all property belonging to the Association or the Brigade immediately before the coming into operation of this Act, whether held in the name of the Association or the Brigade or the name of any person in trust for the Association or the Brigade shall, on the commencement of this Act and without any transfer of rights, assignment or transfer of title, vested in the Corporation, and such property and all property acquired subsequently either movable or immovable property , and all fees, contributions, donations, fines, the amount of loans and advances received or receivable shall be held by the Corporation for the purposes of this Act and subject to the rules of the Corporation at the time.
(2) all debts and liabilities of the Association or the Brigade existing immediately before the coming into operation of this Act shall be paid by the Corporation, and all debts and fees payable to the Association or the Brigade immediately before the coming into operation of this Act shall be paid to the Corporation.
The use of the income and the assets of 12. The income and property of the Corporation, but that from anywhere else is found, shall be used solely for the promotion of the objects of the Corporation as referred to in this Act, and no any part thereof may be paid or transferred by way of direct or indirect as dividends, bonuses or manner whatsoever as to the profits of the Corporation: provided that no anything contained in this Act shall prevent the payment in good faith remuneration to any officer or servant of the Corporation or to any person in consideration for any services actually rendered to the Corporation.
Restrictions on the sale of badges, etc., of Corporation
13. No person, other than the Corporation or a person authorized in writing to do so by the Corporation, can sell or display for sale any badge, emblem or sign received specifically 074b.fm Page 9 Friday, March 31, 2006 6:34 PM 10 laws of Malaysia ACT 74 for the use of a member under the rules of the Corporation.
Ownership and restrictions on use of badges 14. (1) No person, who is not a member, can wear, carry or show in public areas in a way that will give the impression that the person is a member, any badge, emblem or sign received specifically for the use of a member under the rules of the Corporation.
(2) No person shall have no power or valid reason — (a) any sign which is identical with virtually any badge, emblem or sign received specifically for the use of a member under the rules of the Corporation up to bring his belief that the sign in question is the badges, sign or symbol of the;
(b) any badge, mark or emblem containing any words or writings that are virtually the same with any words or writings which is usually used to describe any member of up to be deceptive or misleading; or (c) any badges, mark or emblem containing the words "St. John" or "St. John Ambulance".
Restriction on use of "St. John", etc., for the purpose of ad 15. None, other than the Corporation or person authorized in writing to do so by the Corporation, may use the words "St. John" or "St. John Ambulance" or any badges, sign or symbol of the Corporation for the purpose of advertising.
074b.fm Page 10 Friday, March 31, 2006 6:34 PM (incorporation) St. John Ambulance Malaysia 11 Penalties 16. Any person who contravenes any of the provisions of this Act is guilty of an offence, and on conviction, be liable to a fine not exceeding five hundred ringgit.
074b.fm Page 11 Friday, March 31, 2006 6:34 PM 12 laws of MALAYSIA Act (incorporation) ACT 74 St. JOHN AMBULANCE MALAYSIA 1972 LIST AMENDMENT of laws that amend the short title effect from the A230 Act (incorporation) Act St. John Ambulance of Malaysia (Amendment) Act 1974, 31-08-1972 160 Act Act the Malaysian currency (Ringgit) 1975 29-08-1975 074b.fm Page 12 Friday, March 31, 2006 6:34 PM 13 laws of MALAYSIA Act (incorporation) ACT 74 St. JOHN AMBULANCE MALAYSIA 1972 LIST of the SECTION AMENDED Section Power amend (S) power from 6 Act A230 31-08-1972 16 Act 160 29-08-1975 074b.fm Page 13 Friday, March 31, 2006 6:34 PM
