844 - THE PURE LIFE SOCIETY (SHUDDHA SAMAJAM) INCORPORATION ACT 1957 (REVISED - 2023)

The Pure Life Society (Shuddha Samajam) 1 Incorporation LAWS OF MALAYSIA Act 844 THE PURE LIFE SOCIETY (SHUDDHA SAMAJAM) INCORPORATION ACT 1957 (Revised—2023) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2023 2 Laws of Malaysia Act 844 THE PURE LIFE SOCIETY (SHUDDHA SAMAJAM) INCORPORATION ACT 1957 Revised up to … … … … 24 April 2023 Date of publication in the Gazette of this revised edition … … 8 May 2023 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] … … … … 12 May 2023 First enacted in 1957 as Ordinance No. 15 of 1957 The Pure Life Society (Shuddha Samajam) 3 Incorporation LAWS OF MALAYSIA Act 844 THE PURE LIFE SOCIETY (SHUDDHA SAMAJAM) INCORPORATION ACT 1957 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Incorporation 4. Patron 5. President 6. Membership of the Corporation 7. Rights on incorporation 8. Office 9. Objects and purposes 10. Management 11. Officers of the Corporation 12. Proceedings of the Committee 13. Accounts, etc. 14. Annual general meeting 15. Extraordinary general meeting 16. General meetings 17. Place of meetings 18. Voting 19. Quorum 20. Minutes of meetings 4 Laws of Malaysia Act 844 Section 21. Where register, etc., to be kept 22. Common seal 23. Associate Members 24. Vesting of property 25. Restriction on dealings in property 26. Further restrictions 27. Rules First schedule second schedule The Pure Life Society (Shuddha Samajam) 5 Incorporation LAWS OF MALAYSIA Act 844 THE PURE LIFE SOCIETY (SHUDDHA SAMAJAM) INCORPORATION ACT 1957 An Act to incorporate the Pure Life Society (Shuddha Samajam). [1 July 1957] Short title 1. This Act may be cited as The Pure Life Society (Shuddha Samajam) Incorporation Act 1957. Interpretation 2. In this Act, unless the context otherwise requires— “associate member” means a person permitted to participate in the activities of the Corporation under section 23; “committee” means the committee of management appointed under section 10; “Corporation” means The Pure Life Society (Shuddha Samajam) as incorporated under section 3; “dedicated person” means a person belonging to the religious order founded by Yogi Shuddhananda Bharati of India or such other order as may be approved by the President after consultation with the members of the committee; “member” means a person whose name is recorded in the register under subsection 6(7); 6 Laws of Malaysia Act 844 “member of the committee” means a member of the committee elected under section 10 other than the President; “President” means the President of the Corporation appointed under section 5; “register” means the register of members maintained under subsection 6(7); “Society” means the Pure Life Society (Shuddha Samajam) [G.N. No. 1776/1950] registered as an exempted society under Societies Act 1966 [Act 832]. Incorporation 3. The body of persons whose names are recorded in the register shall be a body corporate and shall have perpetual succession under the name of “The Pure Life Society (Shuddha Samajam)”. Patron 4. The spiritual head of the religious order founded by Yogi Shuddhananda Bharati of India shall be the patron of the Corporation. President 5. (1) The President of the Corporation shall hold office for the duration of his life but he may retire from his office at any time. (2) Notwithstanding subsection (1), the High Court may on an application by the committee declare the President to be incapable of performing the functions of his office in which event the President shall be deemed to have retired from the office of President. (3) The President is entitled to nominate any member in writing to succeed him as the President consequent to his death or retirement. The Pure Life Society (Shuddha Samajam) 7 Incorporation (4) In the event that any President fails to nominate his successor under subsection (3), the President shall be a member elected by the Corporation in a general meeting. Membership of the Corporation 6. (1) The President and the members of the committee shall be members of the Corporation. (2) Subject to this Act, any person irrespective of race or creed who subscribes to the Corporation’s objects and purposes and who aspires to lead a life of purity shall on application in writing in the form set out in the First Schedule be eligible for election as a member of the Corporation. (3) A person shall not be eligible for membership of the Corporation unless at the time of his application for membership he has attained the age of twenty-one years. (4) The committee may reject any application for membership made under subsection (2). (5) An applicant whose application has been rejected is not entitled to apply again for membership of the Corporation until after the expiration of six months from the date of rejection. (6) The President with the consent of the members of the committee may admit a dedicated person as a member. (7) The committee shall cause to be maintained a register of members of the Corporation and to be recorded in it the name, address and occupation of— (a) the persons specified in subsection (1); (b) every person accepted as a member of the Corporation on or after 1 October 1957; and (c) every person elected or admitted as a member of the Corporation under subsection (2) or (6). 8 Laws of Malaysia Act 844 (8) For the purpose of any person specified in paragraph (c), the date of election or admission as a member of the Corporation shall be recorded in the register. Rights on incorporation 7. (1) The Corporation shall have and may use a common seal which may be broken, changed, altered and made anew as the Corporation thinks fit. (2) The Corporation may sue and be sued in its name. (3) The Corporation may, upon such terms as it thinks fit— (a) acquire, purchase, lease, take, hold and enjoy movable and immovable property of every description; and (b) sell, exchange, convey, assign, surrender and yield up, mortgage, demise, reassign, transfer or otherwise dispose of and deal with any movable and immovable property vested in the Corporation. Office 8. The Corporation shall have an office at the 6th Mile, Puchong Road, Petaling, Kuala Lumpur, or at any other place as it may decide. Objects and purposes 9. The objects and general purposes of the Corporation shall be— (a) to promote the study and practice of Dharma (righteousness) and Yoga (mystical communion) in their purest form as propounded by the great teachers of the world and the study of comparative theology and philosophy in their widest form; (b) to promote the study of the arts, sciences and industries; The Pure Life Society (Shuddha Samajam) 9 Incorporation (c) to establish or maintain or to assist in the establishment or maintenance of, spiritual and educational institutions, orphanages, workshops, laboratories, dispensaries, houses for the infirm, the invalid and the afflicted, and institutions of a like nature; (d) subject to any written law, to print and publish and to sell or distribute gratuitously or otherwise, journals, periodicals, books or leaflets which the Corporation may consider desirable; (e) to assist at and, subject to any written law, to conduct or officiate marriage ceremonies, funerals or other ceremonial occasions; (f) to train workers in all branches of knowledge for the purpose of carrying on educational and social work; and (g) subject to this Act and any other written law, to set up an endowment fund or funds for the purposes of the Corporation. Management 10. (1) The affairs of the Corporation shall be managed by a committee of management consisting of the President and of not less than ten other members. (2) The members of the committee shall be elected in the manner provided in this Act. (3) The members of the committee shall retire from office at the annual general meeting of the Corporation held next after their becoming members of the committee; and such member shall be eligible for re-election at the meeting at which he shall retire. (4) Every new committee shall take over from the outgoing committee within one month of the date of its appointment. 10 Laws of Malaysia Act 844 (5) If any member of the committee desires to retire from acting as such, he shall give the Corporation one month’s notice in writing of his intention to do so and his retirement shall take effect from the date of the expiration of such notice or its earlier acceptance by the committee. (6) If for any cause any vacancies shall occur in the committee, such vacancies may be filled by members elected by the committee and any member so elected shall, unless otherwise arranged at the time of his election, hold office for the remainder of the period during which the member of the committee in whose place he shall be elected would have held office had such vacancy not occurred. (7) If the number of vacancies existing at any one time exceeds five in number, an extraordinary general meeting shall be convened for the purpose of filling the vacancies. (8) Subject to subsection (9), if in the opinion of the committee any member of the committee misconducts himself or his affairs or otherwise is or becomes unfit to continue as a member of the committee, he may, by the vote of not less than two-thirds of the members present at a meeting of the committee, be expelled from the committee. (9) No resolution to expel a member of the committee shall be considered unless— (a) prior notice of the intended resolution has been given to the committee, including the member of the committee whom it is proposed to expel; and (b) such member of the committee has been given an opportunity to explain his conduct or the matters giving rise to the resolution. Officers of the Corporation 11. (1) The committee shall appoint the following persons as the officers of the Corporation: (a) a vice-President, an Honorary Secretary and an Honorary Treasurer from their number in such manner as they think fit; and The Pure Life Society (Shuddha Samajam) 11 Incorporation (b) an auditor or auditors from outside the committee. (2) If any officer of the Corporation, during his term of office, is absent from Peninsular Malaysia or be incapacitated from officiating as such officer, the committee may appoint a substitute to act in his place and the person so appointed shall hold office only during the absence or incapacity of the officer in whose place he is appointed. Proceedings of the committee 12. The committee shall meet at least once every three months to discuss the management and affairs of the Corporation. Accounts, etc. 13. (1) The Honorary Treasurer shall cause proper books of account to be kept and to be entered in the books full particulars of all assets and liabilities and of all receipts and disbursements on account of the Corporation and of all other matters and things relative to the assets, liabilities, receipts and disbursements and necessary to explain such entries. (2) The Honorary Treasurer shall, not later than the last day of September in each year, cause to be prepared— (a) a statement in the form of a balance sheet containing particulars of all assets and liabilities of the Corporation; and (b) an account of the receipts and disbursements during the preceding year ending 31 December. (3) The accounts kept by the Honorary Treasurer and the annual statement prepared by him in accordance with subsection (2) shall be audited by the auditor or auditors as and when requested by the committee, and the auditor or auditors shall certify in writing the result of his or their audit. 12 Laws of Malaysia Act 844 (4) When and as soon as the annual statement had been audited under subsection (3), a copy of the audited annual statement shall be posted in a conspicuous place in the office of the Corporation for at least seven days prior to the holding of the next annual general meeting of the Corporation. Annual general meeting 14. (1) The Corporation shall during the last three months of each year hold an annual general meeting of members. (2) The business to be transacted at an annual general meeting shall be— (a) the consideration of annual statement and accounts of the Corporation for the preceding year; (b) the consideration of any question raised as to the management of the affairs of the Corporation; and (c) the election of the members of the committee to take the place of those retiring. Extraordinary general meeting 15. (1) Upon the receipt of a requisition by not less than five members of the committee or by not less than thirty members, the committee shall proceed to convene an extraordinary general meeting of the Corporation. (2) The requisition shall state the objects of the meeting and shall be signed by the requisitionists and deposited at the office of the Corporation. (3) The requisition may consist of more than one document provided that the documents are duly signed and specify the same or similar objects. The Pure Life Society (Shuddha Samajam) 13 Incorporation (4) The committee shall within ten days from the receipt of the requisition under subsection (2) cause an acknowledgment to be sent to the requisitionists and shall within thirty days from the receipt of such requisition cause an extraordinary general meeting to be held to discuss the objects specified in the requisition. (5) If the committee does not within the time referred to in subsection (4) cause an extraordinary general meeting of the Corporation to be held in the manner provided under this section, the requisitionists or a majority of them may themselves convene the meeting. (6) Any meeting convened by the requisitionists under subsection (5) shall be convened in the same manner as nearly as possible as that in which such meetings ought to be convened by the committee. General meetings 16. (1) The annual general meeting and all extraordinary general meetings are referred to as general meetings after this. (2) The committee shall give to the members at least ten days’ notice in writing of any general meeting and such notice shall specify— (a) the date, time and place for the holding of the meeting; (b) the general nature of the business to be transacted at the meeting; and (c) in the case of special business, the concise particulars of the business. Place of meetings 17. Every general meeting of the Corporation shall be held at the office of the Corporation or at such other place as may be specified in the notice in convening such meeting. 14 Laws of Malaysia Act 844 Voting 18. (1) Subject to subsection 10(8), sections 25 and 26, all questions for decision at meetings shall be decided by a majority of the votes of the members present and voting. (2) Every member other than the President shall have one vote. (3) The President shall have no original vote but he shall have and exercise a casting vote. (4) Notwithstanding subsection (2), any member other than the President presiding at a meeting shall have an original vote as well as a casting vote. (5) Voting shall be by a show of hands or by a ballot if a ballot is demanded by not less than one-quarter of the members present. Quorum 19. (1) The quorum for a meeting of the committee shall be fifty per centum of the total number of members of the committee. (2) The quorum for a general meeting shall be twenty. Minutes of meetings 20. (1) The Honorary Secretary or, in his absence, such other member as may be appointed by the President or other member presiding, shall cause minutes to be kept of the proceedings of every meeting of the committee and of general meetings. (2) The minutes shall be submitted for confirmation at such meeting or at the next succeeding meeting of the committee or the general meeting, as the case may be, and if then confirmed shall be signed by the President or other member presiding at the meeting at which the minutes are confirmed and shall be prima facie evidence of all proceedings evidenced by the minutes. The Pure Life Society (Shuddha Samajam) 15 Incorporation Where register, etc., to be kept 21. (1) The register, the minutes of proceedings at general meetings of the Corporation and at meetings of the committee, and the books of account of the Corporation, shall be kept at the office of the Corporation and shall at all reasonable times be open to inspection by any member provided that the written permission of the President or the vice-President be obtained prior to such inspection. (2) The title deeds and securities of the Corporation shall be kept at such place and in such custody as the President, with the approval of the committee, shall decide and the President shall be responsible for the safe custody of the title deeds and securities. Common seal 22. (1) The common seal of the Corporation shall be kept at the office of the Corporation and shall not be used except by the authority of a resolution of the committee. (2) All deeds and other documents requiring to be sealed shall be sealed with such seal in the presence of and be signed by the President or the vice-President and by the Honorary Secretary and one other member of the committee. (3) The signature of the President or vice-President and the Honorary Secretary and one other member of the committee shall for all purposes be accepted as sufficient evidence of the due sealing of all deeds, documents and other instruments sealed on behalf of the Corporation. Associate members 23. (1) Any person who is in sympathy with one or more of the objects of the Corporation may, subject to the conditions as may be prescribed, be admitted as an associate member of the Corporation. (2) Subject to this section, an associate member shall have such privileges as may be prescribed. 16 Laws of Malaysia Act 844 (3) The President may admit a dedicated person to be an associate member of the Corporation for such period as he shall in his absolute discretion determine and any such dedicated person so admitted shall enjoy such privileges as the President shall in his absolute discretion thinks fit. (4) No payment from the funds of the Corporation, other than a payment for services rendered, shall be made to the person referred to in subsection (3) without the consent of the committee. (5) An associate member shall not be eligible for membership of the committee nor shall he be entitled to vote at any general meeting. Vesting of property 24. The interest in the lands specified in the Second Schedule which, immediately before the coming into operation of this Act, was vested for the purposes of the Society is vested in the Corporation for the purposes of the Corporation. Restriction on dealings in property 25. The Corporation shall not sell, exchange, charge, lease (otherwise than upon a tenancy not exceeding one year) or otherwise alienate or encumber any immovable property belonging to the Corporation except on a resolution passed at a general meeting of the Corporation to which two-thirds of the members present have signified approval. Further restrictions 26. (1) All matters for decision relating to the Corporation’s affairs which in the opinion of a general meeting are purely spiritual shall be referred to the President whose decision in regard to such matters shall be final. (2) The Corporation shall not engage in or in any way associate itself with any activities which in the opinion of the President are trading, political or trade union activities. The Pure Life Society (Shuddha Samajam) 17 Incorporation Rules 27. (1) The committee may make rules— (a) to prescribe the conditions relating to the eligibility for membership of the Corporation and the method of election of members; (b) to prescribe the conditions relating to the eligibility for persons other than dedicated persons for associate membership of the Corporation and the method of election of such associate members; (c) to prescribe the powers and privileges of members and associate members not being associate members who are dedicated persons and of such categories of members and such associate members as may be specified; (d) to prescribe the procedure for the resignation or retirement of members and associate members not being associate members who are dedicated persons and the circumstances under which and the procedure whereby members and such associate members shall cease to be members or associate members; (e) to regulate the election of members of the committee; (f) to regulate the calling and conduct of meetings of the committee and their procedure in transacting business; (g) for the appointment of subcommittees of the committee to which may be delegated powers to manage any property of the Corporation; (h) to allocate duties to and to delegate exercise of executive powers by the President, the officers of the Corporation, the committee and subcommittees of the committee; (i) to regulate the collection of subscriptions for the purposes of the Corporation; (j) to regulate the keeping and presentation of accounts; 18 Laws of Malaysia Act 844 (k) to regulate the appointment, conduct and dismissal of servants of the Corporation; and (l) for any other purpose necessary or expedient to carry out the provisions of this Act. (2) The rules made under this section shall have effect from such date as the committee may appoint for the purpose. (3) Any such rule may be revoked or amended by resolution of a general meeting and shall thereupon cease to have effect or have effect as amended but without prejudice to the validity of anything previously done under the rules. The Pure Life Society (Shuddha Samajam) 19 Incorporation First schedule [Section 6] THE PURE LIFE SOCIETY (SHUDDHA SAMAJAM) APPLICATION FOR MEMBERSHIP I, of desire to be elected a member of the Pure Life Society (Shuddha Samajam) a body incorporated under The Pure Life Society (Shuddha Samajam) Incorporation Act 1957, and to have my name recorded in the register of members of the Corporation under section 6: And I agree that if I am elected to be a member, I will abide by the rules of the Corporation. Dated ………………………………… Signature of applicant second schedule [Section 24] 1. All land known as Lot No. 3271 situated in the Mukim of Petaling, in the District of Kuala Lumpur, containing an area of 1 acre, 3 roods, 06.2 poles, held under Entry in the Mukim Register No. 4439 of which Swami Satyananda, Kunden Lal Devaser, Vaithianather Thambiah, Yan Kee Leong and Yeang Cheng Hin, as trustees, are the registered proprietors. 2. All land known as Lot No. 3272 situated in the Mukim of Petaling, in the District of Kuala Lumpur, containing an area of 1 acre, 3 roods, and 06.1 poles, held under Entry in the Mukim Register No. 4440 of which Swami Satyananda, Kunden Lal Devaser, Vaithianather Thambiah, Yan Kee Leong and Yeang Cheng Hin, as trustees, are the registered proprietors. 3. A one-eighth share of land known as Lot No. 431 situated in the Mukim of Petaling in the District of Kuala Lumpur, containing an area of 2 acres, 1 rood, held under Entry in the Mukim Register No. 2227 of which Swami Satyananda, Kunden Lal Devaser, Yan Kee Leong, Yeang Cheng Hin and Gerald Hawkins are the registered proprietors. 20 Laws of Malaysia Act 844 LAWS OF MALAYSIA Act 844 THE PURE LIFE SOCIETY (SHUDDHA SAMAJAM) INCORPORATION ACT 1957 (Revised—2023) Particulars under paragraph 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 Ord. No. 15 of 1957 The Pure Life Society (Shuddha Samajam) Incorporation Ordinance, 1957 Hakcipta Pencetak H PERCETAKAN NASIONAL MALAYSIA BERHAD Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/ atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang dilantik). DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA WJW22/0034 09-01-2023