Equipo Nizkor - Malaysian Red Cross Society (Incorporation) Act, 1965.

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

(1st July, 1965)

BE IT ENACTED by the Duli Yang Maha Mulia 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, application and commencement

1. This Act may be cited as the Malaysian Red Cross Society (Incorporation) Act 1965 and shall come into force throughout Malaysia on the 1st day of July, 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, Sarawak or Singapore; "Council" means the Council constituted under section 6;

"the Corporation" means the body incorporated under the name of Persatuan Palang Merah Malaysia (or in English the Malaysian Red Cross Society) by this Act;

"the 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;

"Minister" means the Minister of Welfare Services.

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

3. The persons who immediately before the appointed day were members of the former Corporation or of any Branch and all such person as may hereafter become members of the Corporation pursuant to the provisions of this Act or of any rules and by-laws made thereunder shall be a body corporate by the name of Persatuan Palang Merah Malaysia (or in English the Malaysian Red Cross 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 seem 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 organisation 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.

Purpose of the Corporation

5. The purposes of the Corporation shall be

(a) in time of peace or war, to carry on and assist in the working for the improvement of health, the prevention of disease and the mitigation of suffering throughout the world;

(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 convention for the amelioration of the conditions of the wounded and sick in armed forces in the field, signed at Geneva on the twelfth day of August, nineteen hundred and forty nine;

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 for the time being 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 sub-section (1) of section 6 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 a new as to the Corporation seems fit.

(2) All deeds, documents and other instruments requiring 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 authorised 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.

Register of Members

8. (1) The Council shall cause a register to be maintained 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 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 for the time being of the Corporation.

Use of the "Red Cross"

10. Without prejudice to the right of any person on and after the appointed day, the right to use the heraldic emblem of the red cross on a white background formed by reversing the Federal Colours of Switzerland, or the words "Red Cross" or "Geneva Cross" shall vest in the Corporation.

Transfer of property and liabilities

11. (1) On the appointed day all property belonging immediately before such day 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 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 acquired property, movable or immovable, and all subscriptions, contributions, donations, fines, amounts of loans and advance received or to be received shall be held by the Corporation for the purposes of this Act and subject to rules for the time being of the Corporation.

(2) All debt and liabilities of the former Corporation or any Branch existing immediately before the appointed date 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.

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 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 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 of the Corporation.

Saving

13. Nothing in this Act shall affect the rights of the Yang di-Pertuan Agong, the Rulers or the Governors 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 4 of 1962

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

01Jul1965 - MYS

Malaysian Red Cross Society (Incorporation) Act, 1965

[Source: National Implementation of IHL, International Committee of the Red Cross.]

Legislation
Bookshop \| Donate Derechos \| Equipo Nizkor