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Trusts (State Legislatures Competency) Act 1949 (Revised 1977)

LAWS OF MALAYSIA

REPRINT

Act 196

TRUSTS (STATE LEGISLATURES

COMPETENCY) 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

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TRUSTS (STATE LEGISLATURES COMPETENCY)

ACT 1949

First enacted ... ... ... ... ... ... 1949 (Ordinance No. 25 of 1949)

Revised ... ... ... ... ... ... ... 1977 (Act 196 w.e.f. 1 December 1977)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

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LAWS OF MALAYSIA

Act 196

TRUSTS (STATE LEGISLATURES COMPETENCY)

ACT 1949

ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Interpretation

3. State Legislatures authorized to pass laws providing for the establishment of trusts

4. Amendment of existing laws

5. Recognition of trust throughout Peninsular Malaysia

6. Saving SCHEDULE

Laws of Malaysia ACT 1964

Trusts (State Legisltures Competency) 5

LAWS OF MALAYSIA

Act 196

TRUSTS (STATE LEGISLATURES COMPETENCY)

ACT 1949

An Act to confer upon State Legislatures authority to pass laws providing for the establishment of trusts.

[30 August 1949]

Short title

1. (1) This Act may be cited as the Trusts (State Legislatures Competency) Act 1949.

(2) This Act shall apply only in Peninsular Malaysia. Interpretation

2. In this Act unless the context otherwise requires-- "existing" means existing at the commencement of this Act; *"Peninsular Malaysia" has the meaning assigned thereto by section 3 of the Interpretation Acts 1948 & 1967 [Act 388], and includes the Federal Territory.

State Legislatures authorized to pass laws providing for the establishment of trusts

3. (1) It shall be within the competency of the Legislature of a State to pass laws providing, in relation to any subject or matter specified in the Schedule, for the establishment of any specific trust and the appointment of trustees in respect thereof, and for such other incidental and consequential matters in relation thereto as the Legislature may deem necessary, and from time to time to amend or repeal any such law.

*NOTE--All references to "West Malaysia" shall be construed as references to "Peninsular Malaysia"­ see Interpretation (Amendment) Act 1997 [Act A996], subseksyen 5(2). Laws of Malaysia ACT 1966

(2) The Yang di-Pertuan Agong may, by order, add to or amend the Schedule.

Amendment of existing laws

4. Where any existing State Enactment provides, in relation to any subject or matter specified in the Schedule, for the establishment of any specific trust, it shall be within the competency of the State Legislature to amend or repeal such Enactment as to it may seem fit.

Recognition of trust throughout Peninsular Malaysia

5. Any trust properly established by or under a State law, whether passed before or after the commencement of this Act, shall, so long as such State law remains in force, be duly recognized as such throughout Peninsular Malaysia.

Saving

6. Nothing in this Act shall affect the rights and powers of Parliament to pass such laws as it may think fit relating to trusts and trustees.

SCHEDULE

[Section 3]

Muslim Religious Trusts

State Scholarships

State Educational Endowments

Charities and Charitable Institutions

State Parks

The Development of Urban Areas

State Heritage Trust

Trusts (State Legisltures Competency) 7

LAWS OF MALAYSIA

Act 196

TRUSTS (STATE LEGISLATURES COMPETENCY)

ACT 1949

LIST OF AMENDMENTS

Amending law Short title In force from

L.N. 610/1951 Trusts (State and Settlement 01-11-1951 Legislatures Competency)

Order 1951

P.U. (A) 404/1990 Trusts (State Legislatures 23-11-1990 Competency) (Amendment of

Schedule) Order 1990

Laws of Malaysia ACT 1968

LAWS OF MALAYSIA

Act 196

TRUSTS (STATE LEGISLATURES COMPETENCY)

ACT 1949

LIST OF SECTIONS AMENDED

Section Amending authority In force from

Schedule L.N. 610/1951 01-11-1951

P.U. (A) 404/1990 23-11-1990

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA