THE VISITOR IN THE FEDERATION OF MALAYA OF THE CHRISTIAN BROTHERS' SCHOOLS (INCORPORATION) ACT 1954 (REVISED - 2019)

The Visitor in the Federation of Malaya of the Christian Brothers’ Schools (Incorporation) LAWS OF MALAYSIA Act 816 THE VISITOR IN THE FEDERATION OF MALAYA OF THE CHRISTIAN BROTHERS’ SCHOOLS (INCORPORATION) ACT 1954 (Revised—2019) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2019 1 2 Laws of Malaysia Act 816 THE VISITOR IN THE FEDERATION OF MALAYA OF THE CHRISTIAN BROTHERS’ SCHOOLS (INCORPORATION) ACT 1954 Revised up to … … … … 1 December 2019 Date of publication in the … Gazette of this revised edition … 27 December 2019 … 27 December 2019 Date appointed for coming into operation of this revised edition pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1] … … … First enacted in 1954 as Federation of Malaya Ordinance No. 30 of 1954 The Visitor in the Federation of Malaya of the Christian Brothers’ Schools (Incorporation) LAWS OF MALAYSIA 3 Act 816 THE VISITOR OF THE CHRISTIAN BROTHERS’ SCHOOLS (INCORPORATION) ACT 1954 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Incorporation of The Visitor in the Federation of Malaya of the Christian Brothers’ Schools 4. Common seal 5. Appointment of holder of the office 6. Vesting of property 4 Laws of Malaysia Act 816 The Visitor in the Federation of Malaya of the Christian Brothers’ Schools (Incorporation) LAWS OF MALAYSIA 5 Act 816 THE VISITOR IN THE FEDERATION OF MALAYA OF THE CHRISTIAN BROTHERS’ SCHOOLS (INCORPORATION) ACT 1954 An Act to incorporate The Visitor in the Federation of Malaya of the Christian Brothers’ Schools. [15 September 1954] Short title 1. This Act may be cited as The Visitor in the Federation of Malaya of the Christian Brothers’ Schools (Incorporation) Act 1954. Interpretation 2. In this Act, unless the context otherwise requires— “Corporation” means The Visitor in the Federation of Malaya of the Christian Brothers’ Schools as incorporated under section 3; “holder of the office” means Reverend John Kennedy generally known as Brother Barnitus who was appointed by an instrument under the hand and seal of the Superior General of the Society of Christian Brothers to the office of “The Visitor in the Federation of Malaya of the Christian Brothers’ Schools” and includes his successors in office. 6 Laws of Malaysia Act 816 Incorporation of The Visitor in the Federation of Malaya of the Christian Brothers’ Schools 3. (1) The holder of the office of The Visitor in the Federation of Malaya of the Christian Brothers’ Schools shall be a body corporate by the name of “The Visitor in the Federation of Malaya of the Christian Brothers’ Schools” and shall have perpetual succession and a common seal. (2) The Corporation may sue and be sued in its name. (3) The Corporation may— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and (c) sell, convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with any movable or immovable property vested in the Corporation upon such terms as the Corporation thinks fit. Common seal 4. (1) The Corporation shall have a common seal which may be broken, changed, altered and made anew as the Corporation thinks fit. (2) Until a seal is provided under this section, a stamp bearing the inscription “Visitor in the Federation of Malaya of the Christian Brothers’ Schools” may be used as the common seal of the Corporation. (3) No deed, document or other instrument sealed with the seal of the Corporation shall be deemed to be duly sealed unless— (a) the seal has been affixed in the presence of the holder of the office or his attorney duly authorized by a power of attorney registered under the Powers of Attorney Act 1949 [Act 424]; and The Visitor in the Federation of Malaya of the Christian Brothers’ Schools (Incorporation) 7 (b) the deed, document or other instrument is signed by the holder of the office or his attorney. (4) The signing of the deed, document or other instrument shall be sufficient evidence of the due sealing of the deed, document or other instrument. Appointment of holder of the office 5. A notification in the Gazette of the appointment of any person to hold, or act as the holder of the office shall be conclusive evidence that such person was duly appointed. Vesting of property 6. All movable and immovable property situated in Peninsular Malaysia held, conveyed, assigned, granted, leased, transferred, transmitted to or otherwise vested in the Visitor in the Federated Malay States of the Christian Brothers’ Schools or the Visitor in the Straits Settlements of the Christian Brothers’ Schools is vested in the Corporation for the respective estates and interests for which the same is held. 8 Act 816 Laws of Malaysia LAWS OF MALAYSIA Act 816 THE VISITOR IN THE FEDERATION OF MALAYA OF THE CHRISTIAN BROTHERS’ SCHOOLS (INCORPORATION) ACT 1954 (Revised—2019) Particulars under paragraphs 7(ii) and (iii) of the Revision of Laws Act 1968 [Act 1] LIST OF AMENDMENTS Amending law Short title In force from -NIL- LIST OF LAWS OR PARTS THEREOF SUPERSEDED No. Title F.M. Ord. No. 30 of 1954 The Visitor of the Christian Brothers’ Schools (Incorporation) Ordinance, 1954 The Visitor in the Federation of Malaya of the Christian Brothers’ Schools (Incorporation) LAWS OF MALAYSIA Act 816 THE VISITOR IN THE FEDERATION OF MALAYA OF THE CHRISTIAN BROTHERS’ SCHOOLS (INCORPORATION) ACT 1954 (Revised—2019) LIST OF SECTIONS AMENDED Sections Amending authority -NIL- In force from 9 10 Act 816 Laws of Malaysia LAWS OF MALAYSIA Act 816 THE VISITOR IN THE FEDERATION OF MALAYA OF THE CHRISTIAN BROTHERS’ SCHOOLS (INCORPORATION) ACT 1954 (Revised—2019) LIST OF AMENDMENTS MADE BY THE COMMISSIONER OF LAW REVISION UNDER SECTION 6 OF THE REVISION OF LAWS ACT 1968 [ACT 1] Provision Table of contents Particulars of amendments Authority for amendment Table of contents under the paragraph 6(1)(vii) heading “ARRANGEMENT OF SECTIONS” inserted Throughout the 1. Act Word “Act” substituted for paragraph 6(1)(v) “Ordinance” 2. Word “Corporation” substituted paragraph 6(1)(xv) for “corporation” 3. Shoulder note substituted for paragraph 6(1)(xxiv) marginal note Effective date Words “15 September 1954” paragraph 6(1)(iii) substituted for “15th September, 1954.” Preamble Omitted subparagraph 6(1)(i)(b) Enacting clause Omitted subparagraph 6(1)(i)(f) section 1 The short title “The Visitor in paragraph 6(1)(vi) the Federation of Malaya of the Christian Brothers’ Schools (Incorporation) Act 1954” substituted for “the Visitor of the Christian Brothers’ Schools (Incorporation) Ordinance, 1954” Interpretation section Interpretation section inserted as subparagraph 6(1)(iv)(a) new section 2 The Visitor in the Federation of Malaya of the Christian Brothers’ Schools (Incorporation) Provision section 2 subsection 2(1) subsection 2(2) subsection 2(3) Particulars of amendments 1. Renumbered as section 3 2. I n t h e s h o u l d e r n o t e , paragraph 6(1)(xxiv) words “and powers of the corporation” omitted 1. Words “The holder of the paragraphs 6(1)(iii) office of the” substituted for and (xv) “The said John Kennedy and his successors for the time being in the office of” 2. Wo r d s “ a n d s h a l l h a v e paragraphs 6(1)(xii), perpetual succession and a (xiii) and (xxiv) common seal” transposed from subsection 2(2) with consequential alterations made 3. Words “, in this Ordinance paragraph 6(1)(xxiv) referred to as “the corporation”” at the end of the section omitted 1. Words “in its name” substituted paragraph 6(1)(xxi) for “in its said name” 2. Wo r d s “ c o m m o n s e a l ” paragraph 6(1)(iii) substituted for “corporate seal” 3. Divided and renumbered paragraphs 6(1)(xii), into subsections 3(1) and (xiii) and (xxiv) (2), paragraph 3(a), and subsections 4(1) and (2) with consequential alterations made 1. Word “reassign” substituted paragraph 6(1)(xv) for “re-assign” 2. 3. 4. section 3 Authority for amendment 1. paragraph 6(1)(xii) Wo r d s “ v e s t e d i n t h e paragraph 6(1)(xxi) Corporation” substituted for “vested in the said corporation” Words “as the Corporation paragraphs 6(1)(iii) thinks fit” substituted for “as and (xxi) to the corporation seems fit” Renumbered and divided into paragraphs 6(1)(xii), paragraphs 3(3)(b) and (c) (xiii) and (xxiv) with consequential alterations made Renumbered as section 4 paragraph 6(1)(xii) 11 12 Laws of Malaysia Provision Particulars of amendments 2. subsection 3(1) 1. 2. 3. 4. 5. subsection 3(2) 1. 2. section 4 1. 2. 3. Act 816 Authority for amendment In the shoulder note, words paragraph 6(1)(xxiv) “Common seal” substituted for “Use of corporate seal” Words “in the presence of paragraph 6(1)(iii) the holder of the office” substituted for “in the presence of the said John Kennedy” Words “authorized” substituted paragraph 6(1)(iii) for “authorised” Words “Powers of Attorney Act paragraph 6(1)(xix) 1949 [Act 424]” substituted for “Powers of Attorney Ordinance, 1949 [No. 64 of 1949]” Words “or in the presence of paragraphs 6(1)(xxi) his successor for the time being and (xxiv) in his said office of Visitor and duly qualified as aforesaid, and unless such deed, document or other instrument is signed by the said John Kennedy or his attorney or by his successor or his said attorney.” omitted Renumbered and divided into paragraphs 6(1)(xii), paragraphs 4(3)(a) and (b) (xiii) and (xxiv) with consequential alterations made Renumbered as subsection paragraph 6(1)(xii) 4(4) Words “The signing of the paragraph 6(1)(xxi) deed, document or other instrument shall be sufficient evidence” substituted for “Such signing shall be taken as sufficient evidence” Renumbered as section 5 paragraph 6(1)(xii) In the shoulder note, words “of paragraph 6(1)(xxiv) holder of the office” inserted after the word “Appointment” Words “of any person to paragraphs 6(1)(iii) hold, or act as the holder of and (xxiv) the office” substituted for “of any person to hold, or act in, the office of Visitor in the Federation of Malaya of the Christian Brothers’ Schools” The Visitor in the Federation of Malaya of the Christian Brothers’ Schools (Incorporation) Provision Particulars of amendments 4. section 5 1. 2. 3. 4. 5. section 6 section 7 13 Authority for amendment Word “so” before the word paragraph 6(1)(xxi) “appointed” omitted Renumbered as section 6 paragraph 6(1)(xii) Words “Peninsular Malaysia” paragraph 6(1)(xvii) substituted for “the Federation” Word “heretofore” before paragraph 6(1)(xxb) the words “held, conveyed” omitted Wo r d “ h e r e b y ” b e f o r e paragraph 6(1)(xxi) the words “vested in the Corporation” omitted Words “is held” substituted paragraph 6(1)(xv) for “is holden” Omitted Omitted DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA WJW014493 10-12-2019 subparagraph 6(1)(i)(aa) subparagraph 6(1)(i)(a)