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INCORPORATION (STATE LEGISLATURES COMPETENCY) ACT 1962 (REVISED 1989)

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1 -1. Short title and commencement.

This Act may be cited as the Incorporation (State Legislatures Competency) Act, 1962 and shall be deemed to have come into operation upon Merdeka Day.


2 -2. Interpretation.

In this Act-

  "existing State law"  means any law enacted by any Legislature of a State and in operation in the State immediately before Merdeka Day;

  "Minister"  means the Prime Minister or such Minister as may be nominated by him.


3 -3. State Legislatures authorised to make laws relating to the incorporation of certain persons and bodies.

It shall be within the power of the Legislature of a State, in relation to any matter specified in the First Schedule, to make laws with respect to the incorporation of any person or body within the State, and for such incidental and consequential matters in relation thereto (including the regulation and winding up of any person or body so incorporated) as the Legislature may deem necessary; and the Legislature may from time to time amend or repeal any such laws:

Provided that with respect to the incorporation of any person or body within the State for the purpose of agricultural development or housing development or of development of urban or rural areas, the special provisions prescribed in the Second Schedule hereto shall have effect.


3A -3A. Second Schedule to apply to all corporations established for development of urban or rural areas.

Notwithstanding the proviso to section 3, the special provisions prescribed in the Second Schedule, except paragraph 2 thereof, shall also have effect with respect to Corporations established within the State for the purpose of agricultural development or housing development or of development of urban or rural areas before the coming into force of that Schedule.


4 -4. Amendment of existing laws.

Where any existing State law provides, in relation to any matter specified in the First Schedule, for the incorporation of any person or body, it shall be within the power of the State Legislature to amend or repeal such laws.


5 -5. Effect of State laws.

Any person or body duly incorporated by or under a State Enactment, whether passed before or after the date of commencement of this Act, or by or under an Enactment of the Federated Malay States, and any person or body incorporated under any Ordinance of the Straits Settlements and in operation in the State of Malacca or Penang immediately before the date of commencement of this Act shall, so long as such Enactment or Ordinance remains in force, for all purposes be deemed to be a body corporate throughout Malaysia, as if the Enactment or Ordinance creating such body corporate had been enacted by Parliament.


6 -6. Saving.

Nothing in this Act shall affect the powers of Parliament to make laws with respect to the incorporation, regulation and winding up of corporations.


7 -7. Power to amend Schedules.

The Yang di-Pertuan Agong may by order add to or amend the First and Second Schedules.


8 -8. (Omitted).


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