Section 9
Public, religious, social or charitable trusts
of Government Proceedings Act 1956
(1)
In the case of any alleged breach of any express or constructive trust for public, religious, social or charitable purposes, or where the direction of the court is deemed necessary for the administration of any such trust, the Attorney General or two or more persons having an interest in the trust and having obtained the consent in writing of the Attorney General, may institute a suit or be joined as a party in any existing suit on behalf of the Government or the public for the purpose of—
(a)
asserting any interest or right in the trust property;
(b)
removing any trustee;
(c)
appointing a new trustee;
(d)
vesting any property in a trustee;
(e)
directing accounts and inquiries;
(f)
declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust;
(g)
authorizing the whole or any part of the trust property to be let, sold, mortgaged, charged or exchanged;
**(h) settling a scheme; and
(i)
obtaining such further or other relief as the nature of the case may require.
(2)
No suit claiming any of the reliefs specified in subsection (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with that subsection.
(3)
Subject to subsections (1) and (2), all suits and proceedings in any court relating to any such trust as is therein referred to or otherwise in which the Government is interested, or in which the
*NOTE—Subsection 8(3) is applicable to Sabah and Sarawak only–see L.N. 67/1965.
**NOTE—Paragraph 9(1)(h) is not applicable to Sabah and Sarawak–see L.N. 67/1965.
Government Proceedings 13
interests of the public are affected, or in which if brought in
England the Attorney General of England would be, or would be made, a necessary party as plaintiff or defendant, whether by himself or by relation of parties, shall be brought and had in the name of the Attorney General as plaintiff or defendant; and the
Attorney General shall have and exercise therein the same rights, duties and powers as the Attorney General of England would have and exercise in England in similar cases so far as the circumstances of Malaysia admit.
*(4) The powers of the Attorney General under this section shall, in respect of any trust on the concurrent list, be exercisable by the State Attorney General.