517 - AKTA TOKONG CHENG HOON TENG (PERBADANAN) 1949

Cheng Hoon Teng Temple (Incorporation) 1 LAWS OF MALAYSIA REPRINT Act 517 CHENG HOON TENG TEMPLE (INCORPORATION) ACT 1949 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 CHENG HOON TENG TEMPLE (INCORPORATION) ACT 1949 First enacted … ... ... ... … … … 1949 (Ord. No. 34 of 1949) Revised … … … … … … … … 1994 (Act 517 w.e.f. 7 April 1994) PREVIOUS REPRINT First Reprint ... ... ... ... ... 2002 3 LAWS OF MALAYSIA Act 517 CHENG HOON TENG TEMPLE (INCORPORATION) ACT 1949 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Incorporation 4. Office 5. Membership of the Corporation 6. Register of Members of the Corporation 7. Termination of membership 8. Expulsion of members 9. Rights on incorporation 10. Objects and purposes 11. Standing Committee 12. Employment of Secretaries, Treasurers, etc. 13. Meetings of Standing Committee 14. Charges on funds of the Corporation 15. Advisory Committee 16. Annual Meetings 17. Extraordinary General Meeting 18. General Meetings 19. Chairman of the Corporation 19A. Vice-Chairman of the Corporation 20. Proceedings at General Meetings 21. Notices 22. Seal of the Corporation 4 Laws of Malaysia ACT 517 Section 23. Documents of the Corporation 24. Vesting of properties 25. Investment of Corporation funds 26. Rules 27. Saving of rights FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE Cheng Hoon Teng Temple (Incorporation) 5 LAWS OF MALAYSIA Act 517 CHENG HOON TENG TEMPLE (INCORPORATION) ACT 1949 An Act to incorporate the Cheng Hoon Teng Temple, Malacca. [28 September 1949] Short title 1. This Act may be cited as the Cheng Hoon Teng Temple (Incorporation) Act 1949. Interpretation 2. In this Act, unless the context otherwise requires— “Advisory Committee” means the Committee referred to in section 15; “Register” means the Register of Members of the Corporation kept under section 6; “Standing Committee” means the Committee referred to in section 11. Incorporation 3. The persons whose names are from time to time inscribed in the Register shall be a body corporate (hereinafter called “the Corporation”) and shall have perpetual succession under the name of “The Cheng Hoon Teng Temple”. Office 4. The Corporation shall have an office at the Cheng Hoon Teng Temple in Jalan To’ Kong (Temple Street), Malacca, or at such other place as may, from time to time, be specified by the Corporation. 6 Laws of Malaysia ACT 517 Membership of the Corporation 5. (1) The Corporation shall have at least thirty-one members of whom— (a) four shall be members of the Standing Committee; (b) seventeen shall be members of the Advisory Committee; and (c) ten shall be elected by the Standing Committee: Provided that the Standing Committee may by special resolution increase the minimum number of members of the Corporation as they think fit. (2) For the purposes of subsection (1) “special resolution” means a resolution passed by a majority of not less than three-fourths of the members present at a meeting of the Standing Committee duly convened. (3) If the number of the members of the Corporation shall at any time be less than thirty-one, no business shall be transacted by the Corporation except for the purpose of filling vacancies. (4) As soon as may be after the commencement of this Act, the Standing Committee shall elect not less than ten persons to be members of the Corporation. (5) No person shall be eligible for membership of the Corporation unless— (a) he is of Chinese origin; (b) he has attained the age of thirty years; (c) he was born in the Federation or the Republic of Singapore or has ordinarily resided in those territories for a period of ten years immediately preceding his election as a member; and (d) immediately prior to his election as a member, he is not a person professing the Christian or Islamic religion. (6) Every person shall immediately after election as a member of the Corporation, sign the form of consent set out in the Third Schedule, and his name shall not be inscribed in the Register until he shall have signed such form. Cheng Hoon Teng Temple (Incorporation) 7 (7) The Standing Committee may refuse to admit a person as a member of the Corporation and shall not be bound to give its reasons for such refusal, and in any event the fact that there are already thirty-one members of the Corporation (inclusive of the members of the Standing Committee and of the Advisory Committee) shall be a sufficient reason for refusing to admit a person as a member of the Corporation. (8) Where the application (the proposal) of a person for membership of the Corporation has been rejected by the Standing Committee, that person shall not apply (be proposed) for membership until the expiration of one year from the date of such rejection. Register of Members of the Corporation 6. The Standing Committee shall within three months after the commencement of this Act cause to be kept a Register of Members of the Corporation and to be inscribed therein the name, address and occupation of every person elected to be a member of the Corporation and the date of his election. Termination of membership 7. A member shall cease to be a member of the Corporation in any of the following events: (a) if he shall give seven days’ notice in writing of his intention to resign by delivering such notice or by sending the same by prepaid registered post addressed to the Corporation at its registered office; (b) if he shall be adjudicated bankrupt or have a receiving order in bankruptcy made against him; (c) if he shall be found guilty by any Court of an offence punishable with a maximum sentence of imprisonment for a term of six months or upwards and shall by that Court be sentenced to any term of imprisonment: Provided always that the Standing Committee shall have power by special resolution to re-elect such member immediately in cases arising from motoring and traffic offences and offences of a like nature; (d) if he shall become a lunatic; 8 Laws of Malaysia ACT 517 (e) if he shall cease to be ordinarily resident in Malacca or become a Christian or a Muslim; (f) if, being a member of the Standing Committee, he absents himself from the meetings of such Committee, of which due notice has been given, without special leave of absence obtained from the Chairman of the Corporation on six consecutive occasions and a resolution is passed to that effect at a meeting of the Standing Committee; (g) if, being a member of the Advisory Committee and having been duly called upon to do so, he fails, without special leave obtained from the Chairman of the Corporation, to attend meetings of the Advisory Committee on six consecutive occasions and a resolution is passed to that effect at a meeting of the Standing Committee. Expulsion of members 8. If in the opinion of the Standing Committee any member of the Corporation shall misconduct himself or his affairs, or otherwise be or become unfit to continue to be a member he may, by the vote of two-thirds of the members personally present at a General Meeting of the Corporation specially called to consider the matter, be expelled from the Corporation but he shall at such meeting be given an opportunity of explaining his conduct or the matter giving rise to the calling of the meeting, and no vote shall be passed at such meeting unless such opportunity aforesaid shall have been given. For the purposes of this section, a member shall be deemed to have had an opportunity of attending the said meeting to explain his conduct as aforesaid, if seven clear days’ notice of the said meeting specifying the place, the day and the hour of meeting shall be served upon such member either personally or by sending it by registered post addressed to such at his address as is, for the time being, stated in the Register. Rights on incorporation 9. (1) The Corporation shall have and may use a corporate seal which may, from time to time, be broken, changed, altered or made anew as the Corporation shall deem fit. (2) The Corporation may sue and be sued in respect of its property and otherwise in all courts. Cheng Hoon Teng Temple (Incorporation) 9 (3) The Corporation may acquire, purchase, lease, take, hold and enjoy for valuable consideration or by way of gift or otherwise movable and immovable property of every description and may sell, exchange, convey, assign, surrender and yield up, mortgage, demise, re-assign, transfer or otherwise dispose of and deal with any movable and immovable property vested in the Corporation upon such terms as the Corporation shall deem fit and shall do and perform all other acts, deeds and things as are conducive to the attainment of the objects and general purposes of the Corporation hereinafter mentioned or are incidental thereto or connected therewith in any manner whatsoever or are likely in any respect to be advantageous to the Corporation. Objects and purposes 10. The objects and general purposes of the Corporation shall be— (a) the promotion, propagation and observance of the doctrines, ceremonies, rites and customs of the Buddhist and other religions (including Confucianism and Taoism, but not including the Christian or Islamic religions) commonly professed or maintained in Malacca by the Chinese Community; (b) the maintenance, administration and improvement of and, if necessary, the enlargement and rebuilding of the Cheng Hoon Teng Temple and other Temples which may belong to or be acquired by or under the care or control of the Corporation; (c) the maintenance, administration and improvement and, if necessary, the enlargement and development of all burial grounds and other property of whatever description belonging to or acquired by the Corporation whether by way of gift, surrender, purchase, or in any other manner and the development for building or other purpose any land belonging to or under the control of or acquired by the Corporation as aforesaid and the rebuilding or improvement of properties belonging to or under the control of or acquired by the Corporation which is not required for use as a burial ground; (d) the establishment of a register of Chinese marriages; the provision and maintenance of a place to be set apart for the solemnization of marriages in accordance with Buddhist 1 0 Laws of Malaysia ACT 517 or Chinese practice; the establishment and maintenance of a crematorium for use in accordance with the doctrines of Buddhism, or any other religion commonly professed by the Chinese Community in Malacca; (e) such other charitable, humanitarian and religious purposes or objects for the benefit of the Chinese Community of the Federation and the Republic of Singapore including the relief of distress among the Chinese Community of these territories and the provision of adequate facilities for burial of the dead as shall be considered desirable by the Corporation. Standing Committee 11. (1) The affairs of the Corporation shall be managed by a Standing Committee consisting of not less than four and not more than six members to be styled Thye Lees or Managing Trustees who may exercise all such powers of the Corporation as are not by this Act or any other law in force for the time being required to be exercised by the Corporation in General Meeting. (2) No person shall be eligible for the office of Thye Lee or Managing Trustee unless— (i) he is a member of the Corporation; and (ii) his nomination for election is approved by a majority of the Standing Committee. (3) The first members of the Standing Committee shall be Poh Kim Tiong of No. 55, Jonker Street, Malacca, Chan Teck Chye of No. 30, Second Cross Street, Malacca, Tan Cheng Lock of 96, First Cross Street, Malacca and Loh Kim Swi of 317C, Klebang Besar, Malacca. (4) The members of the Standing Committee (other than the original members) shall be elected from the members of the Corporation in manner hereinafter appearing. (5) The four original members of the Standing Committee named in subsection (3) shall retire from office in the order therein set out respectively at the second, third, fourth and fifth Annual General Meetings of the Corporation held after the commencement of this Act. In each case, the retiring member shall be eligible for re-election at the Annual General Meeting at which he retires. Cheng Hoon Teng Temple (Incorporation) 1 1 Thereafter each member of the Standing Committee shall retire from office at the Annual General Meeting held next after the expiry of a period of five years from the date of such member’s previous election or re-election. Such retiring member shall be eligible for re-election at the Annual General Meeting at which he retires. (6) If any member of the Standing Committee desires to retire from acting as such he shall give to the Corporation one month’s notice in writing of such desire, and his resignation shall take effect from the date of the expiration of such notice or its earlier acceptance by the remaining members of the Standing Committee. (7) If for any cause any casual vacancy shall occur in the Standing Committee such vacancy may be filled by a member of the Corporation elected by the Standing Committee, and any person so elected shall (unless otherwise arranged at the time of his election) hold office for the remainder of the period during which the member in whose place he shall be elected would have held office had such a vacancy not occurred. (8) Any member of the Standing Committee with the consent of that Committee may, by writing under his hand, appoint any member of the Corporation (including another member of the Standing Committee) to be his substitute for any period not exceeding three months and every such substitute shall, in the absence from the Standing Committee of the member appointing him, be entitled to attend and vote at the meetings of the Standing Committee and shall have and exercise all powers, rights, duties and authorities of the member appointing him. A member of the Standing Committee may, at any time, revoke the appointment of a substitute appointed by him and, subject to the consent of the Standing Committee, appoint another person in his place, and if a member of the Standing Committee shall die, or cease to hold office, the appointment of his substitute shall thereupon cease and determine. Any member of the Standing Committee who is appointed a substitute under this subsection on behalf of one or more members shall be entitled to vote at a meeting of the Standing Committee on behalf of the member or each of the members so appointing him as distinct from the vote to which he is entitled in his own capacity as a member of the Standing Committee and shall also be considered as two or more members for the purposes of making a quorum of the Standing Committee. Every person acting as a substitute for a member shall alone be responsible to the Corporation for his own acts and defaults, and he shall not be deemed to be agent of or for the member appointing him. 1 2 Laws of Malaysia ACT 517 Employment of Secretaries, Treasurers, etc. 12. (1) The Standing Committee may employ and pay a Secretary or Secretaries, Treasurer or Treasurers, auditor or auditors, priests and scholars properly versed in the doctrines of Buddhism, Confucianism or Taoism and such other persons as they consider necessary to assist them in the management of the affairs of and the carrying out of the objects and purposes of the Corporation. (2) Particulars of the appointments of the persons referred to in subsection (1) and of the election of every member of the Standing Committee including the name, address and occupation of the person appointed, the date of the appointment and the office to which the person was appointed, shall be published in the Gazette within twenty-one days after the date of such appointment. Meetings of Standing Committee 13. (1) The Standing Committee shall meet at least once in every three lunar months for the despatch of business and to discuss the management and affairs of, and matters of interest to, the Corporation and three members of the Standing Committee shall form a quorum: Provided always that upon the receipt by the Secretary of a requisition by any member of the Standing Committee at any time, the Secretary shall convene a meeting of the Standing Committee within seven days from the date of receipt of such requisition. (2) The Chairman of the Corporation shall preside at all meetings of the Standing Committee. In his absence the Vice-Chairman of the Corporation shall preside or in the absence of both the Chairman and Vice-Chairman the members shall appoint one of their number to preside. (3) All questions arising at any meeting of the Standing Committee shall be decided by a majority of votes and each member present shall be entitled to one vote and in the case of an equality of votes the Chairman or the person presiding at the meeting shall have an additional or casting vote. (4) The Standing Committee shall cause to be kept minutes of the proceedings of all meetings of the Standing Committee and such minutes shall be submitted for confirmation at the next Cheng Hoon Teng Temple (Incorporation) 1 3 succeeding meeting of the Standing Committee and if then confirmed, with or without amendment as the case may require, shall be signed by the Chairman or the person presiding at the meeting at which such confirmation is made and thereafter shall be prima facie evidence of all proceedings evidenced thereby. (5) The Standing Committee shall cause proper books of account to be kept and therein to be entered 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 thereto and necessary to explain such entries and the Standing Committee shall cause such books of account to be audited annually by an auditor authorized as such under the Companies Act 1965 [Act 125] and every other law for the time being in force concerning joint stock companies. (6) Not later than the end of the fifth lunar month in each year according to the old Chinese calendar, the Standing Committee shall cause to be prepared, audited by an auditor authorized as such under the Companies Act 1965 and every other law for the time being in force concerning joint stock companies, and distributed to all members of the Corporation, a statement in the form of a balance sheet containing particulars of all assets and liabilities of the Corporation and an account of the receipts and disbursements during the Chinese lunar year preceding. Charges on funds of the Corporation 14. Every member of the Standing Committee shall be indemnified out of the funds of the Corporation against all costs, charges, expenses, losses and liabilities incurred by him in the management of the affairs of the Corporation or in the discharge of his duties, and no member of the Standing Committee shall be liable for the acts, defaults or omission of any other member of the Standing Committee, or by reason of his having joined in any receipt for money not received by him personally, or for any loss on account of defect of title to any property acquired by the Corporation or on account of the insufficiency of any security in or upon which any moneys of the Corporation shall be invested, or for any loss incurred through any bank, broker or other agent or for any loss or damage arising from or out of the bankruptcy, insolvency or tortious act of any person with whom any moneys, securities or effects have been deposited or occasioned by any error of judgment or oversight on his part, or for any other loss, damage or misfortune 1 4 Laws of Malaysia ACT 517 whatever which shall happen in the execution of the duties of his office or in relation thereto, unless the same shall happen through his wilful act or default. Advisory Committee 15. (1) The Standing Committee may request all or any of the members of an Advisory Committee to attend at every or any of its meetings to assist and advise the Standing Committee in the management of the affairs of the Corporation. (2) The Advisory Committee shall consist of not less than seventeen and not more than twenty-four members of the Corporation. Members of the Advisory Committee shall be styled Kay Teohs. (3) No person shall be eligible as a member of the Advisory Committee unless— (i) he is a member of the Corporation; and (ii) his nomination for election is approved by a majority of the Standing Committee. (4) The original members of the Advisory Committee shall be— Tan Swi Chay Ho Kim Toon Cheong Tiong Hak Guan Kim Lee Ong Tock Seng Tan Koon Tiang Tan Thiam Thye Tan San Hong Chee Hong Chiang Goh Tiow Wan Ee Yew Kim Tan Seng Tee Tan Soo Chong Chi Sun Cheng Goh Tiow Chong Chee Guan Chiang Wee Soon Teck (5) Members of the Advisory Committee (other than the original members) shall be elected from the members of the Corporation in the same manner as near as may be as that provided for the election of members of the Standing Committee. Cheng Hoon Teng Temple (Incorporation) 1 5 (6) At the first Annual General Meeting of the Corporation and at each Annual General Meeting of the Corporation held in every succeeding year one-third of the members of the Advisory Committee or if their number is not a multiple of three then the number nearest to one-third, shall retire from office, the members to retire being those who have been longest in office since their last election but as between persons who became members of the Advisory Committee on the same day those to retire shall (unless otherwise agreed amongst themselves) be determined by lot. Retiring members shall be eligible for re-election. (7) If any member of the Advisory Committee desires to retire from acting as such he shall give to the Corporation one month’s notice in writing of such desire and his resignation shall take effect from the expiration of such notice or its earlier acceptance by the Standing Committee. (8) If for any cause any casual vacancy shall occur in the Advisory Committee such vacancy may be filled by a member of the Corporation elected by the Standing Committee, and any person so elected shall (unless otherwise arranged at the time of his election) hold office for the remainder of the period during which the member in whose place he shall be elected would have held office had such a vacancy not occurred. Annual Meetings 16. (1) The Corporation shall at least once in every Chinese lunar year not later than the last day of the sixth lunar month according to the old Chinese calendar hold an annual meeting of its members. (2) The business to be transacted at each annual meeting shall be the consideration of the annual statement of accounts, the consideration of any question raised as to the management of the affairs of the Corporation and when necessary the election of members of the Standing Committee, Advisory Committee and the Chairman of the Corporation. Extraordinary General Meeting 17. (1) Upon receipt of a requisition by at least two members of the Standing Committee, or of five members of the Advisory Committee or of ten members of the Corporation the Standing Committee shall proceed to convene an Extraordinary General Meeting of the Corporation. 1 6 Laws of Malaysia ACT 517 (2) The requisition shall state the objects of the meeting and shall be signed by the persons making it and deposited at the office of the Corporation. The requisition may consist of more documents than one provided the same are duly signed and specify the same or similar objects. Unless called by the Standing Committee no business shall be transacted except those stated in the requisition. (3) The Standing Committee shall within ten days from the receipt of such requisition aforesaid cause an acknowledgment to be sent to the signatories and shall within one month from the receipt of such requisition cause an Extraordinary General Meeting to be held to discuss the objects specified in the requisition. (4) If the Standing Committee do not within the time aforesaid cause an Extraordinary General Meeting of the Corporation to be held in manner aforesaid the persons making the requisition or a majority of them may themselves convene the meeting and any meeting convened by such persons shall be convened in the same manner as nearly as possible as that in which such meetings ought to be convened by the Standing Committee. General Meetings 18. (1) The Annual General Meeting and all Extraordinary General Meetings are hereinafter referred to as General Meetings. (2) The Standing Committee shall cause to be sent by post to all members of the Corporation whose names appear for the time being on the Register a notice of every General Meeting of the members of the Corporation and such notice shall specify the date, time and place for the holding of the meeting, the general nature of the business to be transacted and, in case of special business, concise particulars thereof, and such notice shall be sent as aforesaid at least seven days prior to any such meeting being held. (3) Every General Meeting of the Corporation shall be held at the office of the Corporation or at such other place as may be specified by the Standing Committee or if called under subsection 17(4) by the persons making a requisition in the notice calling such meeting. Cheng Hoon Teng Temple (Incorporation) 1 7 Chairman of the Corporation 19. (1) Subject to subsection (4) the members of the Corporation in General Meeting shall elect from among the members of the Standing Committee a Chairman of the Corporation who shall hold office for a term of three years. (2) A Chairman elected pursuant to subsection (1) shall retire from office at the third Annual General Meeting held after his election but shall be eligible for re-election. (3) A Chairman elected pursuant to subsection (1) or re-elected pursuant to subsection (2) may, during his term of office, retire by giving to the Standing Committee not less than one calendar month’s notice of his intention so to do and in such event or in the event of his being unable or unwilling to continue in office until the expiry of his term the Vice-Chairman elected under section 19A shall assume the office of Chairman until the next Annual General Meeting when a Chairman shall be elected in the manner provided for in subsection (1). (4) The first Chairman of the Corporation shall be the said Chan Teck Chye. Vice-Chairman of Corporation 19A. (1) The Standing Committee shall at the first meeting subsequent to the Annual General Meeting at which a Chairman is elected pursuant to subsection 19(1) or is re-elected pursuant to subsection 19(2) elect from among its members a Vice-Chairman of the Corporation who shall hold office for a term of three years but shall be eligible for re-election. (2) A Vice-Chairman elected or re-elected pursuant to subsection (1) may during his term of office, retire by giving to the Standing Committee not less than one calendar month’s notice of his intention so to do and in such event or in the event of his being unable or unwilling to continue in office until the expiry of his term or in the event of his assuming the office of Chairman pursuant to subsection 19(3) the Standing Committee shall at its next meeting elect a Vice-Chairman in his place. 1 8 Laws of Malaysia ACT 517 Proceedings at General Meetings 20. (1) Seven members of the Corporation shall form a quorum at all General Meetings. (2) The Chairman of the Corporation shall preside at all meetings of the Corporation but if at any meeting he be not present the Vice- Chairman of the Corporation shall preside or if neither the Chairman nor the Vice-Chairman be present the meeting shall appoint a member of the Standing Committee to preside. (3) Every question arising at a General Meeting shall be decided by a majority vote on a show of hands or on a ballot if a ballot be demanded by the Chairman or the person presiding at such General Meeting or by not less than five of the members present at such General Meeting. Every Member shall have one vote and in the case of an equality of votes the Chairman or the person presiding at the meeting shall have an additional or casting vote. The Chairman or the person presiding at a General Meeting of the Corporation shall cause minutes to be kept of all proceedings at such General Meeting. Notices 21. Whenever, under this Act, a notice or other document is required to be sent to a member of the Corporation, such notice or other document shall, if sent by post addressed to such member at his address as is, for the time being, stated in the Register, be deemed to have been served at the latest within forty-eight hours after the same shall have been posted, and in proving such service it shall be sufficient to prove that the cover containing the same was properly addressed and put into a Post Office. A certificate in writing, signed by at least two members of the Standing Committee, that the letter, envelope or wrapper, was so addressed and posted shall be deemed to be conclusive evidence thereof. The non-receipt of any notice or other document by any member shall not invalidate the proceedings at any meeting. Seal of the Corporation 22. The seal of the Corporation shall be kept at the office of the Corporation and shall not be affixed to any document except by the authority of a resolution of the Standing Committee and in the presence of at least two members of the Standing Committee and the Secretary or the person acting as Secretary, and such members Cheng Hoon Teng Temple (Incorporation) 1 9 of the Standing Committee and the Secretary or the person acting as Secretary shall sign every instrument to which the seal shall be affixed in their presence and such signatures shall be conclusive evidence of the fact that the Seal has been properly affixed. Documents of the Corporation 23. (1) The Register, the minutes of proceedings at all General Meetings of the Corporation and at all meetings of the members of the Standing 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 for inspection by any member of the Corporation provided that the written permission of the Chairman of the Corporation 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 Chairman of the Corporation with the approval of the Standing Committee shall decide and the Chairman of the Corporation shall be responsible for their safe custody. Vesting of properties 24. (1) The several persons mentioned in the third column of the First and Second Schedules or the survivors or survivor of them or the personal representative or representatives of the last survivor of them, being the persons or person in whom are vested the respective estates and interests mentioned in the second column of these Schedules in the lands hereditaments and premises specified in the first column of the said Schedules, are hereby divested of such estates and interests and such estates and interests are hereby vested in the Corporation subject nevertheless to all conditions of tenure incident thereto and to any trust affecting the same but with full power, subject as aforesaid, for the Corporation as such Trustees to deal with the property so vested in accordance with this Act. (2) All moneys and movable property held by any person on behalf of the Cheng Hoon Teng Temple or any other temple deity or funds under its management or control and all moneys subscribed for the purposes of the Corporation and all properties movable purchased or agreed to be purchased with such moneys shall be vested in the Corporation and the same all subscriptions and donations to the Corporation shall be held by the Corporation in trust for the purposes in this Act declared. 2 0 Laws of Malaysia ACT 517 Investment of Corporation funds 25. (1) The funds of the Corporation may be invested in any of the investments authorized from time to time by law for the investment of trust funds. (2) Sections 4 to 15 of the Trustee Act 1949 [Act 208] shall apply as near as may be to the members of the Standing Committee for the time being. Rules 26. (1) The Standing Committee may make, and when made vary or revoke, rules not inconsistent with this Act— (a) to prescribe the conditions relating to eligibility for membership of the Corporation and the method of election; (b) to regulate the election of members of the Standing Committee, Advisory Committee and Chairman of the Corporation; (c) to regulate the calling and conduct of meetings of the Standing Committee and Advisory Committee and their procedure in transacting business; (d) for the appointment of subcommittees to whom may be delegated powers to manage any temple, burial ground or other property of the Corporation; (e) to allocate duties to and to regulate the exercise of executive powers by the Standing Committee and Subcommittee of the Corporation; (f) to regulate the collection of subscriptions for the purposes of the Corporation; (g) to regulate the keeping and presentation of accounts; (h) to regulate the appointment, conduct and dismissal of servants of the Corporation; (i) to provide for the creation and upkeep of a register of Chinese marriages, and for the conduct of marriage ceremonies solemnized in accordance with the practice of Buddhism, Confucianism or Taoism; (j) to regulate funeral ceremonies solemnized in accordance with the practice of Buddhism, Confucianism or Taoism; Cheng Hoon Teng Temple (Incorporation) 2 1 (k) to regulate the manner in which all religious service, religious instruction and the preaching of sermons may be conducted; (l) for any other purposes necessary or expedient in the management of the affairs and the carrying into effect of the objects and purposes of the Corporation. (2) Rules so made shall be certified under the hand of the Chairman of the Corporation, shall be published in the Gazette and shall not be effective until the expiration of one month from the date of such publication. Saving of rights 27. Nothing in this Act shall affect the rights of His Majesty, His Heirs and Successors, or the rights of Their Highnesses the Rulers, and Their Successors, or the rights of any body politic or corporate, or of any other persons except such as are mentioned in this Act and those claiming by, through, from or under them. 2 2 Laws of Malaysia ACT 517 FIRST SCHEDULE [Subsection 24(1)] Particulars of property Estate and In whom vested Name of trust Interest held 1. All that piece of land Fee simple Tan Kim Seng, Cheng Hoon situate at Third Cross Street President of Teng Temple. in the Town and Settlement Cheng Hoon of Malacca now known as Teng Hood Cho Town Area XV and Temple. Government resurvey No. 23 and containing by the same resurvey an area of 3,300 square feet together with the buildings thereon erected and known as Municipal No. 12, Third Cross Street, Malacca. 2. All that piece of land Fee simple Tan Jiak Whye Cheng Hoon situate at Jonker Street in and Tan Hoon Teng Temple. the Town and Settlement Guan as trustees of Malacca now known as of Cheng Hoon Town Area XIII and Teng, Malacca resurvey an area of 7,328 Chinese Temple. square feet together with the buildings thereon erected and known as Municipal Nos. 110 and 112, Jonker Street, Malacca. 3. All that piece of land Fee simple Part vested in Cheng Hoon situate at Temple Street in Chua Yen Keng, Teng Temple. the Town and Settlement Tan Chin Seng, of Malacca now known as trustees and Lee Town Area XIII and Ting Guan and Government resurvey lot Koh Eng Chean, No. 48 part together with members of the buildings thereon erected Chinese Temple and known as Municipal Cheng Hoon Nos. 25, Temple Street, Teng. Malacca. 4. All that piece of land Fee simple Chan Say Peng, Cheng Hoon situate at Goldsmith Street Sit Kee Ann, Teng Temple. in the Town and Chan Cheng Settlement of Malacca and Siew and E now known as Town Area Kong Guan as XIII and Government trustees of the resurvey part lot No. 48 Chinese Temple together with the buildings known as Cheng thereon erected and known Hoon Teng. as Municipal No. 21, Temple Street, Malacca. 5. All that piece of land Fee simple Chan Say Peng, Cheng Hoon situate at Temple Street in Sit Kee Ann, Teng Temple. the Town and Settlement Chan Cheng of Malacca now known as Siew and E Cheng Hoon Teng Temple (Incorporation) 2 3 Particulars of property Estate and In whom vested Name of trust Interest held Town Area XIII and Kong Guan as Government resurvey lot trustees of the No. part 48 and containing Chinese Temple together with items 13 and known as Cheng 14 above by the same Hoon Teng. resurvey a total area of 30,280 square feet together with the buildings thereon erected and known as Municipal No. 23, Temple Street, Malacca. 6. All that piece of land Fee simple Tan Kim Seng Cheng Hoon situate at Temple Street in and Chee Yam Teng Temple. the Town and Settlement Chuan and Chua of Malacca and now Yen Keng as known as Town Area XI trustees of the and marked lot No. 37,125 Chinese Temple and containing an area of Fund designed 17,078 square feet Cheng Hoon together with the buildings Teng. thereon erected. 7. All that piece of land Fee simple Tan Jiak Whye, Cheng Hoon situate at Temple Street in trustee of the Teng Temple. the Town and Settlement property of Malacca and now belonging to the known as Town Area XIII Chinese Temple and Government resurvey known as Cheng lot No. 57 and containing Hoon Teng. by the same resurvey an area of 1,456 square feet together with the buildings thereon erected and known as Municipal No. 3, Temple Street, Malacca. 8. All that piece of land Fee simple Tan Kim Seng, Cheng Hoon situate at Heeren Street in President, Teng Temple. the Town and Settlement Cheng Hoon of Malacca and now known Teng Hoon Cho as Town Area XII and Temple. Government resurvey lot No. 55 and containing by the same resurvey an area of 1,488 square feet together with the buildings thereon erected and known as Municipal No. 120, Heeren Street, Malacca. 9. All that piece of land Fee simple Tan Kim Seng Cheng Hoon situate at Bunga Raya in for and on Teng Temple. the Town and Settlement behalf of of Malacca Town Area Tapekong XX, lot No. 1,599-2 Matjo. resurvey lot No. 118 containing an area of 1,653 square feet together with the buildings thereon erected and known as Municipal No. 12, Bunga Raya Road, Malacca. 2 4 Laws of Malaysia ACT 517 Particulars of property Estate and In whom vested Name of trust Interest held 10. All that piece of land Fee simple House vested in Cheng Hoon situate at Kampong Pantei Tan Hoon Teng Temple. in the Town and Chiang, Tan Settlement of Malacca now Jiak Kim and known as Town Area XIV, Lee Keng Liat Government resurvey lot as trustees of the No. 234 and containing by Chinese the same resurvey an area Temple, Cheng of 2,080 square feet Hoon Teng. together with the buildings Land vested in thereon erected and known Tye Chong Yah. as Municipal No. 48, Kampong Pantei, Malacca. 11. Land and Houses Possessory Present trustees. Cheng Hoon Nos. 70, 72 and 74, Bunga title. Title Teng Temple. Raya, Malacca. deeds mislaid 12. All that piece of land Fee simple Tan Kim Seng. Jelotong situate in the district of Burial Batu Berendam in the Ground. Settlement of Malacca, marked lot No. 6,853, division 38 and now known as Government resurvey lot Nos. 439, 443 and 442 and containing by the same resurvey an area of 214 acres 3 roods 22 poles. 13. All that piece of land Licence to The present Jelotong situate in the district of occupy as a trustees of the Burial Batu Berendam in the Burial Cheng Hoon Ground. Settlement of Malacca, lot Ground Teng Temple, No. 452 containing an area Malacca. of 57 acres 2 roods 10 poles. 14. All that piece of land — Tan Jiak Whye Tye Chong situate at Heeren Street in and Tan Hun Yah. the Settlement of Malacca, Guan as trustees marked lot No. 47,978 of Chinese now known as Town Area Temple, Cheng XVII resurvey lot No. part Hoon Teng. 45 containing an area of 1,080 square feet (No. 49, Heeren Street). 15. All those three pieces Fee simple Tan Tjiko as Tye Chong of land situate at Captain China, Yah. Blacksmith Street, Malacca Malacca, as now known as Town Area trustees for the XVI, lot No. 75 containing sick. an area of 705 square feet together with the buildings thereon erected and known as Municipal Nos. 57B, 57C, and 57D, Blacksmith Street, Malacca. Cheng Hoon Teng Temple (Incorporation) 2 5 Particulars of property Estate and In whom vested Name of trust Interest held 16. All that piece of land Fee simple Part vested in Tye Chong situate at Heeren Street, in Captain of the Yah. the Town and Settlement Tjoa Kiamoko of Malacca and now for the benefit known as Government of the Chinese resurvey Town Area XVII, Temple and part part of lot No. 45 and vested in Tan containing an area of 2,673 Jiak Whye and square feet together with Tan Hun Guan, the buildings thereon trustees of the erected and known as Chinese Municipal No. 49, Heeren Temple, Cheng Street, Malacca. Hoon Teng. 17. All that piece of land Possessory Present trustees. Tye Chong situate at Bunga Raya, in Title. Title Yah. the Town and Settlement Deeds of Malacca and now mislaid known as Town Area XXI and resurvey lot No. 248 and containing an area of 13,694 square feet together with the buildings thereon erected and known as Municipal Nos. 62, 64 and 66, Wolferstan Road, Malacca. 18. All that piece of land Fee simple Chinese Temple Tye Chong situate in the mukim of Toapekong Tye Yah. Bukit China, in the Chong Yah for Settlement of Malacca, the benefit and now known as Town Area use of the XXII, resurvey lot Nos. 73 Chinese and 74 and containing by inhabitants of the same resurvey an area the Settlement of 106 acres 30 poles. of Malacca. 19. All that piece of land Fee simple Captain of Tye Chong situate in the mukim of Chinese Tan Yah. Bukit China, in the Town Tjojiko. and Settlement of Malacca, now known as Town Area XXI, resurvey lot No. 255 containing an area of 43,729 square feet together with the buildings thereon erected and known as Municipal Nos. 53, 59, 61, 73, 75, 77, 81, 83, 69, 79 and 85, Lorong Bukit China, Malacca. 20. All that piece of land Fee simple Part vested in Tye Chong situate at Jonker Street, Tan Boon Guan Yah. Malacca, now known as for and on Town Area XIII lot No. 2 behalf of the containing an area of 2,304 Tapekong Swun square feet together with Lan and part in the buildings thereon Lia Tjan Bin for erected and known as the Chinese Municipal Nos. 36 and 38, Tapekong Tay Jonker Street, Malacca. Tjongia. 2 6 Laws of Malaysia ACT 517 Particulars of property Estate and In whom vested Name of trust Interest held 21. All that piece of land — Trustees of Poh San situate at Second Cross Cheng Oon Ting Teng. Street, in the Settlement of Temple. Malacca, now known as Town Area XV, resurvey lot No. 52 and containing an approximate area of 2,630 square feet together with the buildings thereon erected and known as Municipal Nos. 11 and 13, Second Cross Street, Malacca. 22. All that piece of land Fee simple Tan Jiak Whye Poh Siak situate at Tranquerah and Tan Hoon Kuay. Section I in the Town and Guan, as Settlement of Malacca, trustees of C. H. marked lot No. 47,958 and Teng, Malacca known as Town Area XVII Chinese Temple. and resurvey lot No. 9 and containing an area of 605 square feet. 23. All that piece of land Fee simple Tan Hoon Poh Siak situate in First Cross Street Chiang, Tan Kuay. in the Town and Jiak Kim and Settlement of Malacca and Lee Keng Liat now known as Town Area as trustees of the XVI and resurvey lot No. Chinese Temple, 49 and containing by the Cheng Hoon Teng. same resurvey an area of 1,200 square feet together with the buildings thereon erected and known as Municipal No. 25, First Cross Street, Malacca. 24. All that piece of land Fee simple Poh Kim Tiong, Yong Chuan situate at Banda Hilir in Chan Kang Swi, Tian Temple. the Town and Settlement Chan Teck Chye of Malacca, marked lot and Tan Hoon No. 1,349 and known as Siang as trustees Town Area XXIX and of Cheng Hoon Government resurvey lot Teng. No. 169 and containing by the recent resurvey an area of 1 rood and 23 poles together with the buildings thereon erected and known as Municipal No. 191, Banda Hilir, Malacca. 25. All that piece of land Customary Chan Kang Swi, Suay Pho situate in the mukim of land E Kong Guan, Hood Keok Padang Temu, in the Poh Kim Tiong, Kang Temple. Settlement of Malacca, and Koh San Lin marked serial No. 164, as trustees of General No. 2,666 and Cheng Hoon containing an area of 9 Teng Temple. acres 1 rood 19 poles. Cheng Hoon Teng Temple (Incorporation) 2 7 Particulars of property Estate and In whom vested Name of trust Interest held 26. All that piece of land Fee simple Ong Teng Tat, Tong Sian situate at Bunga Raya in Manager and Seah. the Town and Settlement trustee to the of Malacca, Town Area Fund known as XX, lot No. 1,599, Tong Sian Sia resurvey lot No. 59 Sek Ji Kiak. containing an area of 2,020 square feet together with the buildings thereon erected and known as Municipal No. 14, Bunga Raya Road, Malacca. 27. All that piece of land Fee simple Ong Teng Tat as Tong Sian situate at Banda Hilir, in trustees of the Seah. the Settlement of Malacca Institution now known as Town Area called Tong XXVII and resurvey lot Sian Sia. No. 30 and containing by the same resurvey an area of 18 poles together with the buildings thereon erected and known as Municipal Nos. 70 and 72, Banda Hilir, Malacca. 28. All that piece of land — Tan Jiak Kim, Poh Siak situate at Heeren Street in Tan Hoon Kuay. the Settlement of Malacca, Chiang and Lee marked lot No. 30 and now Keng Liat, known as Town Area XVII, trustees of the resurvey lot No. part 9 Fund of the containing an area of 1,950 Chinese square feet together with Temple, Cheng the buildings thereon Hoon Teng. erected and known as Municipal No. 9, Heeren Street, Malacca. 29. All that piece of land Fee simple Tan Kim Seng, — situate at Bunga Raya, in President of the Town and Settlement of Cheng Hoon Malacca, marked lot No. Teng Hood Cho 1,689 and now known as Temple. Town Area XX and resurvey lot No. 1, and containing by the same resurvey an area of 3,351 square feet. 30. The old brick and — Poh Kim Tiong, Tye Chong plank house roofed with Loh Kim Swi Yah. tiles known as No. 63 (old and Chan Teck No. 78), Lorong Bukit Chye trustees of China, Malacca, on the Cheng Hoon land situate in the mukim Teng Temple. of Bukit China belonging to “Tye Chong Yah” Trust. 2 8 Laws of Malaysia ACT 517 Particulars of property Estate and In whom vested Name of trust Interest held Personal property— — Present trustees. Cheng Hoon RM7,445.50 and interest Teng Temple. payable thereon being moneys in Court paid under Malacca reference No. 1 of 1936. SECOND SCHEDULE [Subsection 24(1)] Particulars of property Estate and In whom vested Name of trust Interest held 1. All that piece of land Fee simple Tjan Tian Quee. Poh San Teng. situate at Heeren Street in the Town and Settlement of Malacca marked lot No. 25 and now known as Government resurvey as Town Area XVI, lot No. 36 containing an area of 2,176 square feet together with the buildings thereon erected and known as Municipal Nos. 6 and 8, Heeren Street, Malacca. 2. All that piece of land Fee simple Tjun Tjun, Poh San Teng. situate at Blacksmith Captain of the Street in the Town and Chinese of Settlement of Malacca, Malacca. marked lot No. 27 and now known as Town Area XVI, resurvey lot No. 78 and containing by the same resurvey an area of 1,904 square feet together with the buildings thereon erected and known as Municipal Nos. 5 and 7, Blacksmith Street, Malacca. 3.

All that piece of land Fee simple Chinese Poh San Teng. situate at First Cross inhabitants Street in the Town and Malacca of the Settlement of Malacca, Tay Song marked lot No. 24 and Kongsi. now known as Town Area XVI, resurvey lot No. 57 and containing by the same resurvey an area of 1,376 square feet together with the buildings thereon erected and known as Municipal No. 16, First Cross Street, Malacca. Cheng Hoon Teng Temple (Incorporation) 2 9 Particulars of property Estate and In whom vested Name of trust Interest held 4. All that piece of land Fee simple Tan Jiak Whye Banda Hilir situate at Banda Hilir in and Chua Kye Twa Pek the Settlement of Tye, trustees of Kong. Malacca, marked lot No. the Fund of the 1,281/1 and now known Banda Hilir, as Town Area XXV and Chinese Joss or marked lot No. 1,281/2, Idol designated containing an area of 1 Ban Ee Lek rood 4 poles together with Twa Pek Kong. the buildings thereon erected and known as Municipal No. 101, Banda Hilir, Malacca. 5. All that piece of land Fee simple Captain of the Banda Hilir situate at Banda Hilir in Chinese Tjoa Twa Pek the Settlement of Kiauw Ko for Kong. Malacca, marked lot No. and on behalf 1281/2 now known as of the Chinese Town Area XXV and Community of containing an area of 36 Dato. poles together with the buildings thereon erected and known as Municipal No. 103, Banda Hilir, Malacca. 6. All that piece of land Fee simple Tapekong Poen Poon Keng situate at Jonker Street in Kieeng. Twa Pek the Town and Settlement Kong. of Malacca and now known as Town Area XIII and resurvey lot No. 25 and containing by the same resurvey an area of 3,040 square feet together with the buildings thereon erected and known as Municipal No. 106, Jonker Street, Malacca. 7. All that piece of land Fee simple Chinese Poon King situate in the mukim of Captain Tjan Twa Pek Bukit China, in the Tjorn It for and Kong. Settlement of Malacca on behalf of the and now known as Town Tapekong Poon Area XXIII and King. Government resurvey lot No. 72 and having by the same resurvey an area of 20,163 square feet together with the buildings thereon erected and known as Municipal Nos. 44 and 46, Bukit China Road. 8. Two pieces of land Fee simple Chan Say Peng, Kay Teoh situate at Goldsmith Tan Hoon Kuay. Street and Blacksmith Chiang, Tan Street in the Town and Hoon Guan, Li Settlement of Malacca Keng Liat and 3 0 Laws of Malaysia ACT 517 Particulars of property Estate and In whom vested Name of trust Interest held and now known as Town Tan Kwi Lim, Area XIV and resurvey lot trustees of the Nos. 95 and 62 property of the respectively and Tua Pe Kong of containing by the same Kiticke. resurvey an area of 1,056 square feet together with the buildings thereon erected and known as Municipal No. 38, Goldsmith Street and No. 4, Blacksmith Street, Malacca. 9. All that piece of land Fee simple Sit Boon Ong Yah situate at Kandang, in the Tiong, trustee Kong. Settlement of Malacca, of Choo Ong marked lot No. 975 and Yah. containing an area of 1 acre 2 roods 14 poles. 10. All that piece of land Fee simple Dato Ong Yah Ong Yah Kong situate at Banda Hilir, in and Ong Tiong Banda Hilir the Settlement of Biaun, Tiong Temple. Malacca, marked No. Liong Ko for 1,350 and now known as and on behalf Town Area XXIX and of the Chinese Government resurvey lot Temple of the No. 168 and containing by Dato called the same resurvey an area Ong Hoon. of 1 rood 36 poles. 11. All that piece of land Fee simple Hun Ong Yah Ong Yah Kong situate at Kubu, in the Kongsi. Temple, Kubu. Settlement of Malacca, marked as lot No. 37,059 and now known as Town Area IX, Government resurvey lot No. 49 and containing by the same resurvey an area of 1,410 square feet. 12. All that piece of land Customary Trustee of Siang Tek situate in the mukim of land Siang Tek Kong Temple. Klebang, in the Settlement Kong. of Malacca, marked General No. 3,040 containing an area of 3 roods 12 poles and comprised in E.M.R. No. 409. Personal property— RM 1,550 Present — Poon Keng trustees Twa Pek Kong. Cheng Hoon Teng Temple (Incorporation) 3 1 Particulars of property Estate and In whom vested Name of trust Interest held RM 2,000 Present — Yong Chuan trustees Tian (Banda Hilir Twa Pek Kong). RM 587.70 Present — Kandang Choo trustees Ong Yah. RM 944.50 Present — Twa Pek Kong trustees Tranquerah. RM 1,300 Present — Sam Poh Chay trustees (Bukit China). RM 1,000 Present — Twa Pek Kong Trustees Klebang. RM 3,000 Present — Seow Lan trustees Whay. RM 1,000 Present — Chee Yam trustees Chuan. THIRD SCHEDULE [Subsection 5(6)] (a) Here insert full name of (a) I, applicant. (b) Here insert full address of (b) of applicant. being (1) upward of 30 years of age and a non-Christian and non-Muslim and (c) Here insert either having (c) (2) been born in “the Federation or the Republic of Singapore” or “having ordinarily resided in “the Federation or the Republic of Singapore” for not less than 10 years”. (d) Here insert occupation. (d) who am hereby consent to my election as a member of the Cheng Hoon Teng Temple and to the inscription of my name in the Register of Members; and agree to abide by the rules and regulations of the said Cheng Hoon Teng Temple for the time being. Dated this day of 200 3 2 Laws of Malaysia ACT 517 LAWS OF MALAYSIA Act 517 CHENG HOON TENG TEMPLE (INCORPORATION) ACT 1949 LIST OF AMENDMENTS Amending law Short title In force from Ord. 46/1955 Cheng Hoon Teng Temple 04-07-1955 (Incorporation) (Amendment) Ordinance 1955 Cheng Hoon Teng Temple (Incorporation) 3 3 LAWS OF MALAYSIA Act 517 CHENG HOON TENG TEMPLE (INCORPORATION) ACT 1949 LIST OF SECTIONS AMENDED Section Amending authority In force from 13 Ord. 46/1955 04-07-1955 19 Ord. 46/1955 04-07-1955 19A Ord. 46/1955 04-07-1955 20 Ord. 46/1955 04-07-1955 DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA 3 4 Laws of Malaysia ACT 517