ST. JOHN AMBULANCE OF MALAYSIA (INCORPORATION) ACT 1972

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 74 ST. JOHN AMBULANCE OF MALAYSIA (INCORPORATION) ACT 1972 As at 1 January 2019 2 ST. JOHN AMBULANCE OF MALAYSIA (INCORPORATION) ACT 1972 Date of Royal Assent … … … … 23 March 1972 Date of publication in the Gazette … … … … 30 March 1972 First Reprint … Second Reprint … PREVIOUS REPRINTS ... ... ... ... ... 1994 ... 1999 3 LAWS OF MALAYSIA Act 74 ST. JOHN AMBULANCE OF MALAYSIA (INCORPORATION) ACT 1972 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Incorporation of St. John Ambulance Associations and Brigades of Malaya, Sabah and Sarawak 4. Objects of the Corporation 5. The aim and purposes of the Corporation 6. Council 7. Common seal of the Corporation 8. Register of members 9. Rules 10. Dissolution of Association and Brigade 11. Transfer of property and liabilities, etc. 12. Application of income and property 13. Restriction on sale of badges, etc., of the Corporation 14. Possession and restriction on use of badges 15. Restriction on use of “St. John”, etc., for advertisement purposes 16. Penalty 5 LAWS OF MALAYSIA Act 74 ST. JOHN AMBULANCE OF MALAYSIA (INCORPORATION) ACT 1972 An Act to incorporate the St. John Ambulance of Malaysia and for the purposes connected therewith. [31 August 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 St. John Ambulance of Malaysia (Incorporation) Act 1972. Interpretation 2. In this Act, unless the context otherwise requires— “Association” means the St. John Ambulance Association of Peninsular Malaysia, Sabah or Sarawak; “Brigade” means the St. John Ambulance Brigade of Peninsular Malaysia, Sabah or Sarawak; “the Corporation” means the St. John Ambulance of Malaysia; 6 Laws of Malaysia ACT 74 “Council” means the Council of St. John Ambulance of Malaysia established under its Rules; and “Minister” means the Minister charged with the responsibility for health. Incorporation of St. John Ambulance Associations and Brigades of Malaya, Sabah and Sarawak 3. (1) Persons who immediately before the commencement of this Act were members of the Association or members of the Brigade or members of both the Association and the Brigade and all persons as may hereafter become members of the Corporation pursuant to the provisions of this Act or of any Rules made thereunder shall be a body corporate by the name of St. John Ambulance of Malaysia. (2) The Corporation 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 the Corporation may deem fit. (3) The Corporation 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 to all persons in Malaysia to enable them to give effect to the aim and purposes of the Corporation set out 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. St. John Ambulance of Malaysia (Incorporation) 7 The aim and purposes of the Corporation 5. The aim and purposes of the Corporation are to— (a) encourage and promote all works of humanity and charity for the relief of persons in sickness, distress, suffering and danger without any distinction of race, class, colour or creed; (b) render aid to the sick and wounded in war or in peace and to promote such permanent organizations in time of peace so that such aid may immediately be available in time of emergency and such aid shall include the provision of the technical reserves for the medical services of the Government and armed forces of Malaysia; (c) promote, encourage and co-ordinate the work of the Corporation in all aspects in Malaysia; and (d) promote, encourage and co-ordinate contacts between themselves and similar organizations under the name of St. John in other countries, the Red Cross Society and other similar voluntary or statutory organizations. Council 6. (1) The affairs of the Corporation shall be administered by a Council to be constituted in accordance with the Rules for the time being of the Corporation. (2) Notwithstanding the provisions of subsection (1), the St. John Council of Peninsular Malaysia constituted under the Constitution and Rules of the Association and the Brigade immediately before the commencement of this Act shall administer the affairs of the Corporation for a period not exceeding one year from the 8 Laws of Malaysia commencement of this Act and within the meaning of this Act. ACT 74 shall be deemed to be the Council 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 the effect, in the presence of the persons for the time being discharging the duties of the Chairman of the Council and one other person authorized by the Council 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 kept in which the name of every person who immediately before the commencement of this Act was a member of the Association or the Brigade or who may thereafter become a duly admitted member of the Corporation shall be recorded 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 manner 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 9. It shall be lawful for the Council from time to time to make, alter or revoke such rules as it may deem expedient for the management of St. John Ambulance of Malaysia (Incorporation) 9 the affairs of the Corporation and the accomplishment of its objects and all such rules shall be binding upon the members for the time being of the Corporation. Dissolution of Association and Brigade 10. Notwithstanding anything contained in the Constitution and Rules of the Association and the Brigade, the Association and the Brigade shall be dissolved and shall cease to exist immediately upon the coming into force of this Act. Transfer of property and liabilities, etc. 11. (1) All property belonging immediately before the commencement of this Act to the Association or the Brigade, whether held in the name of the Association or the Brigade or in the name of any person in trust for the Association or the Brigade shall, on the commencement of this Act and without any conveyance, assignment or transfer whatever, vest 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 for the time being of the Corporation. (2) All debts and liabilities of the Association or the Brigade existing immediately before the commencement of this Act shall be paid by the Corporation, and all debts due to and subscriptions payable to the Association or the Brigade immediately before the commencement of this Act shall be paid to the Corporation. 10 Laws of Malaysia ACT 74 Application of income and property 12. 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 person in return for any services actually rendered to the Corporation. Restriction on sale of badges, etc., of the Corporation 13. No person, other than the Corporation or a person authorized in writing so to do by the Corporation, shall sell or expose for sale any badge, token or emblem specially adopted for use by a member under the Rules of the Corporation. Possession and restriction on use of badges 14. (1) No person, not being a member, shall publicly wear, carry or bear in such a manner as to convey the impression that such person is a member, any badge, token or emblem specially adopted for use by a member under the Rules of the Corporation. (2) No person shall without lawful authority or excuse have in his possession— (a) any device which so closely resembles any badge, token or emblem specially adopted for use by a member under the Rules of the Corporation as to lead to the belief that the device in question is such badge, token or emblem; St. John Ambulance of Malaysia (Incorporation) 11 (b) any badge, token or emblem containing any words or characters so closely resembling any words or characters ordinarily used to describe any member as to be calculated to deceive or mislead; or (c) any badge, token or emblem bearing the words “St. John” or “St. John Ambulance”. Restriction on use of “St. John”, etc., for advertisement purposes 15. No person, other than the Corporation or person authorized in writing so to do by the Corporation, shall make use of the words “St. John” or “St. John Ambulance” or any badge, token or emblem of the Corporation for the purposes of advertisement. Penalty 16. Any person contravening any of the provisions of this Act shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit. 12 LAWS OF MALAYSIA Act 74 ST. JOHN AMBULANCE OF MALAYSIA (INCORPORATION) ACT 1972 LIST OF AMENDMENTS Amending law Short title In force from Act A230 St. John Ambulance of Malaysia (Incorporation) (Amendment) Act 1974 31-08-1972 Act 160 Malaysian Currency (Ringgit) Act 1975 29-08-1975 P.U. (A) 312/2018 Revision of Laws (Rectification of Short Titles) Order 2018 06-12-2018 13 LAWS OF MALAYSIA Act 74 ST. JOHN AMBULANCE OF MALAYSIA (INCORPORATION) ACT 1972 LIST OF SECTIONS AMENDED Section Amending authority In force from 6 Act A230 31-08-1972 16 Act 160 29-08-1975