THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE (INCORPORATION) ACT 1957 (REVISED - 2019)

The Daughters of Charity of the Canossian Institute (Incorporation) 1 LAWS OF MALAYSIA Act 819 THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE (INCORPORATION) ACT 1957 (Revised—2019) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2019 2 Laws of Malaysia Act 819 THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE (INCORPORATION) ACT 1957 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 1957 as Federation of Malaya Ordinance No. 33 of 1957 The Daughters of Charity of the Canossian Institute (Incorporation) LAWS OF MALAYSIA 3 Act 819 THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTUTUTE (INCORPORATION) ACT 1957 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Incorporation of the Mother Superior of the Daughters of Charity of the Canossian Institute in the Peninsular Malaysia 4. Common seal 5. Notification of appointment of Mother Superior 6. Vesting of property 7. Corporation to have office in Peninsular Malaysia 4 Laws of Malaysia Act 819 The Daughters of Charity of the Canossian Institute (Incorporation) LAWS OF MALAYSIA 5 Act 819 THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE (INCORPORATION) ACT 1957 An Act to incorporate the Mother Superior of the Society of the Daughters of Charity of the Canossian Institute in Peninsular Malaysia. [15 August 1957] Short title 1. This Act may be cited as the Daughters of Charity of the Canossian Institute (Incorporation) Act 1957. Interpretation 2. In this Act, unless the context otherwise requires— “Corporation” means the Mother Superior of the Society of the Daughters of Charity of the Canossian Institute (Malaya) as incorporated under section 3; “successors in office” includes the First Assistant of the Society of the Daughters of Charity of the Canossian Institute in Peninsular Malaysia from the time when the office of Mother Superior of the Society becomes vacant by the resignation or death of the holder of the office of the Mother Superior until the formal assumption of office by a successor. 6 Laws of Malaysia Act 819 Incorporation of the Mother Superior of the Daughters of Charity of the Canossian Institute in the Peninsular Malaysia 3. (1) The Reverend Maria Drago, the Mother Superior of the Society of the Daughters of Charity of the Canossian Institute in the Federation of Malaya and her successors in office shall be a body corporate by the name of “The Mother Superior of the Daughters of Charity of the Canossian Institute (Malaya)” and shall have perpetual succession. (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 upon such terms as the Corporation thinks fit; and (c) sell, convey, assign, exchange, surrender, yield up, mortgage, demise, reassign, transfer or otherwise dispose of 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) No deed, document or other instrument requiring the seal of the Corporation shall be deemed to be duly sealed unless— (a) the seal has been affixed in the presence of Maria Drago or her attorney duly authorized by a power of attorney registered under the Powers of Attorney Act 1949 [Act 424] or in the presence of her successor in office; and (b) the deed, document or other instrument is signed by Maria Drago or her attorney or her successor in office or her attorney. The Daughters of Charity of the Canossian Institute (Incorporation) 7 (3) The signing of the deed, document or other instrument shall be sufficient evidence of the due sealing of the deed, document or other instrument. Notification of appointment of Mother Superior 5. A notification in the Gazette of the appointment of any person to hold or act in the office of the Mother Superior of the Daughters of Charity of the Canossian Institute (Malaya) shall be conclusive evidence that such person was duly so appointed. Vesting of property 6. All immovable property in Peninsular Malaysia held, conveyed, assigned, granted, leased, transferred, transmitted to or otherwise vested in the Mother Superior of the Daughters of Charity of the Canossian Institute (Singapore), the Rev. M. Vittoria Garre Lady Superior of the Canossian Institute or the Institute of the Canossian Daughters of Charity is vested in the Corporation for the respective estates and interests for which the property is held. Corporation to have office in Peninsular Malaysia 7. The Corporation shall have an office in Peninsular Malaysia the address of which shall be the Sacred Heart Convent, Bandar Hilir Road, Malacca. 8 Act 819 Laws of Malaysia LAWS OF MALAYSIA Act 819 THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE (INCORPORATION) ACT 1957 (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. 33 of 1957 The Daughters of Charity of the Canossian Institute (Incorporation) Ordinance, 1957 The Daughters of Charity of the Canossian Institute (Incorporation) LAWS OF MALAYSIA 9 Act 819 THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE (INCORPORATION) ACT 1957 (Revised—2019) LIST OF SECTIONS AMENDED Section Amending authority -NIL- In force from 10 Act 819 Laws of Malaysia LAWS OF MALAYSIA Act 819 THE DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE (INCORPORATION) ACT 1957 (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 Particulars of amendments Authority for amendment Table of contents Table of contents under the paragraph 6(1)(vii) heading “ARRANGEMENT OF SECTIONS” inserted Form of Royal Omitted Assent Throughout the 1. Act paragraph 6(1)(xxiv) Word “Act” substituted for paragraph 6(1)(v) “Ordinance” 2. Shoulder notes substituted for paragraph 6(1)(xxiv) marginal notes 3. Full stop at the end of the paragraph 6(1)(xvi) shoulder notes omitted 4. Words “Peninsular Malaysia” paragraph 6(1)(xvii) substituted for “Federation Long title Word “The” substituted for “the” paragraph 6(1)(xv) Effective date Words “15 August 1957” substituted paragraph 6(1)(iii) for “15th August, 1957” Preamble Omitted subparagraph 6(1)(i)(b) Enacting clause Omitted subparagraph 6(1)(i)(f) section 1 Comma before the word “1957” paragraph 6(1)(xvi) omitted I n t e r p r e t a t i o n Interpretation section inserted as subparagraph 6(1)(iv)(a) section new section 2 The Daughters of Charity of the Canossian Institute (Incorporation) Provision Particulars of amendments 11 Authority for amendment D e f i n i t i o n o f Rearranged and transposed as new paragraphs 6(1)(xii), “Corporation” interpretation of “Corporation” (xiii) and (xxiv) from subsection 2(1) with consequential alterations made D e f i n i t i o n o f Rearranged and transposed as new paragraphs 6(1)(xii), “successors in interpretation of “successor in (xiii) and (xxiv) office” office” from subsection 2(2) with consequential alterations made section 2 subsection 2(1) 1. Renumbered as section 3 paragraph 6(1)(xii) 2. In the shoulder note, word paragraph 6(1)(xxiv) “The” before the words “Mother Superior” substituted for “the” 1. Words ‘ in this Ordinance paragraph 6(1)(xxi) referred to as “the Corporation” ’ at the end of subsection 2(1) omitted 2. Words “and shall have perpetual paragraphs 6(1)(xiii) s u c c e s s i o n ” t r a n s p o s e d and (xxiv) from subsection 2(3) with consequential alterations made and inserted after the word “(Malaya)” subsection 2(2) Rearranged and transposed as paragraphs 6(1)(xii), new interpretation of “successor (xiii) and (xxiv) in office” with consequential alterations made subsection 2(3) Renumbered and divided into paragraphs 6(1)(xii), subsection 3(2), paragraph 3(3)(a) (xiii) and (xxiv) and subsection 4(1) with consequential alterations made subsection 2(4) Renumbered, rearranged and paragraphs 6(1)(xii), divided into paragraphs 3(3)(b) (xiii) and (xxiv) and (c) with consequential alterations made section 3 1. Renumbered as section 4 with paragraph 6(1)(xii) consequential alterations made 2. In the shoulder note, words paragraph 6(1)(xxiv) “Common seal” substituted for “Execution of documents” 12 Laws of Malaysia Provision Particulars of amendments Act 819 Authority for amendment subsection 3(1) Renumbered and divided into paragraphs 6(1)(xii), paragraphs 4(2)(a) and (b) with (xiii) and (xxiv) consequential alterations made subsection 3(2) Renumbered as subsection 4(3) paragraphs 6(1)(xii) and with consequential alterations made (xxiv) section 4 1. Renumbered as section 5 2. Word “the” inserted after the paragraphs 6(1)(xv) and words “office of” (xxiv) 1. Renumbered as section 6 2. In the shoulder note, words “in paragraph 6(1)(xxiv) the Corporation” omitted 3. Words “heretofore” omitted 4. Word “are” substituted for paragraph 6(1)(xv) “is hereby” 5. Word “property” substituted paragraph 6(1)(xxiv) for “same” 6. Word “held” substituted for paragraph 6(1)(xv) “holden” 1. Renumbered as section 7 paragraph 6(1)(vii) 2. Word “Bandar” substituted for “Banda” paragraph 6(1) (xvii) section 5 section 6 section 7 Omitted DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA WJW014496 10-12-2019 paragraph 6(1)(xii) paragraph 6(1)(xii) paragraph 6(1)(xxi) subparagraph 6(1)(i)(aa)