Section 1
This Act may be cited as the Scouts Association of Malaysia
(Incorporation) Act 1968.
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SCOUTS ASSOCIATION OF MALAYSIA (INCORPORATION) ACT 1968 is Malaysia Act, cited as Act 784 1968, currently marked in force and first recorded in 1968.
Opening note
This Act may be cited as the Scouts Association of Malaysia
(Incorporation) Act 1968.
In this Act, unless the context otherwise requires—
“Council” means a Council constituted in accordance with the rules of the Corporation referred to in section 6;
“Ordinance” means—
the Boy Scouts Ordinance 1953 of the Federation of
Malaya [F.M. Ord. No. 60 of 1953];
the Boy Scouts Association Ordinance of Sarawak [Sarawak
Cap. 99];
“Scouts” includes Scout, Junior Scout, Senior Scout, Rover
Scout, Scouter, Lay Member of the Association or Member of
Baden-Powell Guild recognized by the Ordinance;
“Corporation” means the Persekutuan Pengakap-Pengakap
Malaysia or in English, the “Scouts Association of Malaysia”
incorporated by this Act;
“Association” means the Boy Scouts Association of Malaysia referred to under the Ordinance.
Incorporation of Scouts Association of Malaysia
Any person who, immediately before the commencement of this Act, was a member of the Association and all Scouts who become members of the Corporation pursuant to this Act or any rules made under this Act shall be a body corporate by the name of “Persekutuan Pengakap-Pengakap Malaysia” or in English, the
“Scouts Association of Malaysia” with perpetual succession.
The Corporation may sue and be sued in its name and may do all other matters and things incidental or appertaining to a body corporate.
acquire, purchase, take, hold and enjoy movable and immovable property of every description; and
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 thinks fit.
Scouts Association of Malaysia (Incorporation)
7
Objects of Corporation
The objects of the Corporation are—
to provide an organization which shall be open to all
Scouts 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 and conducive to the attainment of such objects.
Aim and purposes of the Corporation
The aim of the Corporation is to develop good citizenship among boys by forming their character and to achieve this end by—
teaching them services useful to the public and handicrafts useful to themselves; and
The principles and practice of the Corporation shall be based on the Scout Promise and Scout Law and such other principles and practice as shall be provided in the rules of the Corporation.
Council
The affairs of the Corporation shall be administered by a
Council to be constituted in accordance with the rules of the
Corporation.
Act 784
Common seal
The Corporation shall have a common seal and the seal may be broken, changed, altered and made anew as the Corporation thinks fit.
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 discharging the duties of the National Chief Commissioner or an Assistant National Chief
Commissioner and one other person authorized by the Council who shall sign every such deed, document or other instrument to which such seal is affixed.
The signing shall be sufficient evidence that the seal was duly and properly affixed and that the seal is the lawful seal of the Corporation.
Register of members
The Council shall cause a register to be kept in which the following particulars shall be recorded:
the name of every Scout who immediately before the commencement of this Act was a member of the
Association; or
the name of every Scout who may thereafter become a duly admitted member of the Corporation; and
The register may be kept in such manner as the Council may 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
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 the affairs of the Corporation and the accomplishment of its
Scouts Association of Malaysia (Incorporation)
9
objects, and all rules and by-laws made shall be binding upon the members of the Corporation.
Transfer of property and liabilities, etc.
All property belonging immediately before the commencement of this Act to the Association, whether held in the name of the Chief Commissioner Boy Scouts Association
Federation of Malaya or in the name of any person in trust for the Association shall be vested in the Corporation.
All property mentioned in subsection (1) 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 of the Corporation.
All debts and liabilities of the Association existing immediately before the commencement of this Act shall be paid by the Corporation.
All debts due to and subscriptions and contributions payable to the Association immediately before the commencement of this
Act shall be paid to the Corporation.
Application of income and property
The income and property of the Corporation, from whatever place or source, shall be applied solely towards the promotion of the objects of the Corporation as set out in this Act.
No portion of the income and property of the Corporation shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise by way of profit to the members of the Corporation.
Nothing in this section shall prevent the payment made 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.
Act 784
Restriction on sale of badges, etc., of the Association
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 specifically adopted for use by a Scout under the rules of the Corporation.
Possession and restriction on use of badges
No person, not being a Scout, shall publicly wear, carry or bear in such a manner as to convey the impression that such person is a Scout any badge, token or emblem specifically adopted for use by a Scout under the rules of the Corporation.
any device which so closely resembles any badge, token or emblem specifically adopted for use by a Scout under the rules of the Corporation as to lead to the belief that the device in question is such badge, token or emblem;
any badge, token or emblem containing any words or characters so closely resembling any words or characters ordinarily used to describe any Scout as to be calculated to deceive or mislead; or
Any person who contravenes any of the provisions of this
Act commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding one month.
Scouts Association of Malaysia (Incorporation)
11
Repeal
The following laws are repealed:
the Boy Scouts Association Ordinance of Sarawak in so far as the Ordinance apply to Boy Scouts.
Act 784
Act 784
(Revised—2016)
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
Act 143
Scouts Association of Malaysia Act 1974 23-08-1974
LIST OF LAWS OR PARTS THEREOF SUPERSEDED
No.
Title
Act 409
Scouts Association of Malaysia
(Incorporation) Act 1968
Scouts Association of Malaysia (Incorporation)
13
Act 784
(Revised—2016)
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
Long title
Act 143 23-08-1974 1
Act 143 23-08-1974 2
Act 143 23-08-1974 3
Act 143 23-08-1974 13a
Act 143 23-08-1974
Act 784
Act 784
(Revised—2016)
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
Arrangement of sections altered paragraph 6(1)(vii)
Throughout the
Act
Word “rules” substituted for
“Rules”
paragraph 6(1)(xv)
Enacting clause
Omitted subparagraph 6(1)(i)(f)
subsection 1(2)
Word “applies” substituted for
“shall apply”
paragraph 6(1)(iii)
section 2
Interpretation section arranged according to the national language text with consequential alterations made subparagraph 6(1)(iv)
n t e r p r e t a t i o n o f
“Council” inserted before the interpretation of
“Ordinance”
paragraph 6(1)(xxiv)
Interpretation of
“Ordinance”
inserted before word “60”
paragraph 6(1)(iii)
Interpretation of
“Scouts”
Scout, Junior Scout,
Senior Scout, Rover Scout,
Scouter, Lay Member of the
Association or Member paragraphs 6(1)(xvii)
and (xxiv)
Scouts Association of Malaysia (Incorporation)
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Provision
Particulars of amendments
Authority for amendment of Baden-Powell Guild r e c o g n i z e d b y t h e
Ordinance;’ substituted for ‘“Scouts” includes
Wolf Cub, Boy Scout,
Senior Scout, Rover Scout,
Scouter, Lay Member of the
Association or Member of
B P Guild recognized as such by the Ordinance.’ with consequential alterations made
Interpretation of
“Corporation”
“Corporation”, brackets omitted paragraph 6(1)(xvi)
Interpretation of
“Association”
Words ‘“Association” means the Boy Scouts Association of Malaysia referred to under the Ordinance;’ substituted f o r ‘ “ A s s o c i a t i o n ”
means the Boy Scouts
Association, referred to under the Ordinance;’ with consequential alterations made paragraphs 6(1)(xvii)
and (xxiv)
section 3
I n t h e s h o u l d e r n o t e ,
“Incorporation of Scouts
Association of Malaysia”
substituted for “Incorporation of Boy Scouts Association,
Federation of Malaya and Boy
Scouts Association in Sabah and Sarawak”
paragraph 6(1)(vi)
subsection 3(1)
Words “Any person”
substituted for “Persons”
paragraphs 6(1)(iii) and
Commas inserted after the words “Any person who”
and “immediately before the commencement of this
Act”
paragraph 6(1)(xvi)
Words “was a” substituted for “were”
paragraph 6(1)(xv)
Word “who” substituted for
“as may hereafter”
paragraphs 6(1)(xxi)
and (xxiv)
Act 784
Provision
Particulars of amendments
Authority for amendment
substituted for “become member”
paragraph 6(1)(xv)
Words “under this Act”
substituted for “thereunder”
paragraph 6(1)(xxiv)
Words “with perpetual succession” transposed from subsection 3(2) with consequential alterations made and inserted after the word “Malaysia”
paragraphs 6(1)(iii) and
subsection 3(2)
Words “shall have perpetual s u c c e s s i o n ” t r a n s p o s e d into subsection 3(1) with consequential alterations made paragraphs 6(1)(xiii)
and (xxiv)
subsections 3(2)
and (3)
Divided into subsection 3(2) and paragraphs 3(3)(a), (b) and (c)
with consequential alterations made paragraphs 6(1)(iii),
In the shoulder note, word
“the” omitted paragraph 6(1)(iii)
Divided into paragraphs 4(a)
and (b) with consequential alterations made paragraphs 6(1)(xii),
and (xxiv)
section 5
In the shoulder note, word “Aim”
substituted for “The aim”
paragraph 6(1)(iii)
subsection 6(1)
Renumbered as section 6
paragraph 6(1)(xii)
Words “for the time being”
omitted paragraph 6(1)(xii)
subsection 6(2)
Omitted subparagraph 6(1)(i)(aa)
section 7
In the shoulder note, words “of
Corporation” omitted paragraphs 6(1)(iii) and
Comma after word “common seal” omitted paragraph 6(1)(xvi)
Word “the” substituted for
“such”
paragraph 6(1)(xv)
Words “from time to time”
omitted paragraph 6(1)(xxi)
Scouts Association of Malaysia (Incorporation)
17
Provision
Particulars of amendments
Authority for amendment
paragraph 6(1)(xxa)
subsection 7(2)
Divided into subsections 7(2)
and (3) with consequential alterations made paragraphs 6(1)(xv),
and (xxiv)
subsection 8(2)
Words “from time to time”
omitted paragraph 6(1)(xxi)
section 9
In the shoulder note, word
“by-laws” substituted for
“By-laws”
paragraphs 6(1)(iii),
Words “for the time being”
omitted paragraph 6(1)(xxi)
subsection 10(1)
Divided into subsections 10(1)
and (2) with consequential alterations made paragraphs 6(1)(xiii),
, (xxi) and (xxiv)
subsection 10(2)
Renumbered and divided into subsections (3) and (4) with consequential alterations made paragraphs 6(1)(xiii),
, (xxi) and (xxiv)
section 12
Comma inserted after the words
“so to do by the Corporation”
paragraph 6(1)(xvi)
subsection 13(2)
Commas inserted after the words
“No person shall” and “without lawful authority or excuse”
paragraph 6(1)(xvi)
paragraph 13(2)(a)
Word “or” at the end of paragraph omitted paragraph 6(1)(xxi)
paragraph 13(2)(c)
Word “Boy” in the paragraph omitted paragraph 6(1)(xxi)
section 13a
Renumbered as section 14
paragraph 6(1)(xii)
Words “who contravenes”
substituted for “contravening”
subparagraph 6(1)(iv)(b)
Words “commits an offence and” inserted after the words
“this Act”
subparagraph 6(1)(iv)(b)
Act 784
Provision
Particulars of amendments
Authority for amendment section 14
Renumbered as section 15
paragraph 6(1)(xii)
Word “hereby” omitted paragraph 6(1)(xxi)
paragraph 14(c)
Word “Ordinance” substituted for “provisions thereof”
paragraph 6(1)(xxi)
KUALA LUMPUR
WJW007522 20-10-2016