ENACTMENT No. 5 Of 2008 ADMINISTRATION OF ISLAMIC LAW (KEDAH DARUL AMAN) ENACTMENT 2008.
SECOND SCHEDULE
(Subsection 8(3))
1. Nothing in section 8 shall be deemed to authorize the Majlis to make an order to establish any corporation having any duty, power or right which is not within the duties, powers or rights of the Majlis under this Enactment.
2. Subject to the other provisions of this Enactment, any order made under section 8 shall be binding on the corporation in respect of which it was made and shall have effect for all purposes as if it had been enacted in this Enactment.
3. The Majlis may, with the approval of His Royal Highness the Sultan at any time amend, revoke or add to any order made in respect of any corporation under section 8.
4. The Majlis shall keep a register of all corporations established by it under section 8 and such register together with copies of all orders made under that section shall be open to public inspection at such place or places and at such times as it may prescribe.
5. (1) The Majlis may, with the approval of His Royal Highness the Sultan, by order published in the Gazette, direct that any corporation established by it shall be wound-up and dissolved.
(2) Upon the dissolution of any corporation under this paragraph, the assets of the corporation, after payment of all liabilities, shall be transferred to and be vested in the Majlis.
(3) The winding-up of a corporation under this paragraph shall be conducted in such manner as the Majlis may prescribe.
6. Every corporation established under section 8-
(a) shall be a body corporate by such name as the Majlis shall give to it;
(b) shall have perpetual succession;
(c) may sue and be sued in the name given by the Majlis; and
(d) for the purpose of furthering or fulfilling its functions may-
(i) enter into contracts;
(ii) hold and deal in or with any movable or immovable property; and
(iii) do all other matters and things incidental or appertaining to a body corporate not inconsistent with the provisions of this Enactment,
subject to such restrictions as may be prescribed by the Majlis in each case.
7. (1) Every corporation shall have a corporate seal, which shall bear such device as the corporation, with the approval of the Majlis, may approve and such seal may from time to time be broken, changed, altered and made anew by the corporation with the approval of the Majlis.
(2) Until a seal is provided by a corporation under this paragraph, a stamp bearing the name of the corporation may be used as a common seal.
(3) The common seal, or the stamp referred to in subsection (2), shall be in the custody of such person as the corporation shall direct and shall be authenticated by that person; and all deeds, documents and other instruments purporting to be sealed with such seal, authenticated as aforesaid, shall until the contrary is proved be deemed to have been validly executed.
(4) Any document or instrument, which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation.
(5) The seal of every corporation shall be officially and judicially noticed.
Passed in the State Legislative Assembly this 18 November 2007 corresponding to 8 Zulkaedah 1428.
ABD. RASHID BIN HAJI OTHMAN Clerk of the State Legislative Assembly Kedah Darul Aman