MARTIAL ARTS SOCIETIES ACT 1976

LAWS OF MALAYSIA REPRINT Act 170 MARTIAL ARTS SOCIETIES ACT 1976 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 Laws of Malaysia ACT 170 MARTIAL ARTS SOCIETIES ACT 1976 Date of Royal Assent … … … … … 18 March 1976 Date of publication in the Gazette … … … 25 March 1976 PREVIOUS REPRINTS First Reprint Second Reprint … … … … … … … … … … 1998 2001 Martial Arts Societies 3 LAWS OF MALAYSIA Act 170 MARTIAL ARTS SOCIETIES ACT 1976 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, commencement and application 2. Interpretation 3. Registrar of Martial Arts Societies PART II MARTIAL ARTS SUPERVISORY COUNCIL 4. Establishment of Martial Arts Supervisory Council 5. Terms and conditions of appointment, revocation and resignation 6. Office deemed vacated 7. Remuneration and allowances 8. Meetings 9. Council may invite others to meetings 10. Minutes 11. Validity of acts and proceedings PART III REGISTRATION 12. National controlling bodies 13. Registration of martial arts societies 14. New members, instructors and cessation from instruction or membership 4 Laws of Malaysia ACT 170 Section 15. Restriction on place of study 16. Registration of instructors 17. Cancellation or suspension of instructor’s registration 18. Restriction on study of martial arts 19. Use of weapons 20. Prohibition 21. Application of Societies Act 1966 to this Act 22. Effect of cancellation under Societies Act and this Act on societies and martial arts societies 23. Restrictions on registration and licensing of societies, business, etc. PART IV MISCELLANEOUS 24. Criminal liability 25. Search without warrant 26. Arrest 27. Regulations FIRST SCHEDULE SECOND SCHEDULE Martial Arts Societies 5 LAWS OF MALAYSIA Act 170 MARTIAL ARTS SOCIETIES ACT 1976 An Act to provide for the establishment of the Martial Arts Supervisory Council, for the registration of martial arts societies and matters connected therewith. [ ] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, commencement and application 1. (1) This Act may be cited as the Martial Arts Societies Act 1976, and shall come into force on such date as the Minister may by notification in the Gazette appoint. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “martial arts” or “any form of martial arts” means any of the martial arts specified in the First Schedule or any combination thereof and any other form of physical training, the study or practice of which will enable the doer to acquire the skills to physically defend himself against armed or unarmed attack: Provided that notwithstanding the definition of “martial arts” the Minister may by order published in the Gazette amend the First Schedule; 6 Laws of Malaysia ACT 170 “Minister” means the Minister charged with the responsibility for sports; “place of instruction” means the place of instruction registered under section 16 other than a place of study, where any form of martial arts is instructed to members of martial arts societies by a registered instructor; “place of study” means the place of study registered under section 13 where any form of martial arts will be studied by a martial arts society; “study” means the study of any form of martial arts whether under an instructor or otherwise and includes practising any of the exercises of any form of martial arts. Registrar of Martial Arts Societies 3. The Registrar of Societies shall be the Registrar of Martial Arts Societies and the Deputy Registrars and Assistant Registrars of Societies shall correspondingly be the Deputy Registrars and Assistant Registrars of Martial Arts Societies. PART II MARTIAL ARTS SUPERVISORY COUNCIL Establishment of Martial Arts Supervisory Council 4. (1) A body by the name of Martial Arts Supervisory Council is established, whose functions shall be— (a) generally to advise the Minister on matters pertaining to martial arts; and (b) to advise the Minister on any matter referred to the Council by the Minister. (2) The Council shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; (b) a Deputy Chairman; Martial Arts Societies 7 (c) not less than eight but not more than fifteen members from amongst persons nominated by the various bodies concerned with martial arts or if no nominations are made within three months of the coming into operation of this Act, from amongst persons the Minister thinks fit; (d) not less than five but not more than eight members from Ministries which the Minister considers necessary to be represented. (3) The Minister may in respect of each member appointed under paragraph (2)(c) appoint one person to be an alternate member to attend in place of the member at meetings of the Council that the member is for any reason unable to attend. (4) When attending meetings of the Council an alternate member shall for all purposes be deemed to be a member of the Council. An alternate member shall unless he sooner resigns or his appointment is sooner revoked cease to be an alternate member when the member in respect of whom he was an alternate member ceases to be a member of the Council. Terms and conditions of appointment, revocation and resignation 5. (1) A member of the Council shall hold office for such term and subject to such conditions as the Minister may specify in the instrument appointing him. (2) The appointment of any member may at any time be revoked by the Minister without assigning any reason therefor. (3) A member may at any time resign his office by letter addressed to the Minister. Office deemed vacated 6. (1) The office of a member of the Council shall be deemed vacated— (a) if he dies; (b) if there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; 8 Laws of Malaysia ACT 170 (ii) an offence under any law relating to corruption; (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) if he becomes bankrupt; (d) if he is of unsound mind or is otherwise incapable of performing his duties; (e) if he absents himself from three consecutive meetings without leave of the Council; (f) in the event of his resignation being accepted by the Minister; or (g) if his appointment is revoked. (2) Where any member ceases to be a member by reason of any of the provisions of this Act, a person shall be appointed in his place in accordance with the provisions applying. Remuneration and allowances 7. There shall be paid to members of the Council or any other person such salaries, remuneration or allowances as the Minister may determine. Meetings 8. (1) The Council shall meet at least once in every six months. (2) The quorum of the Council shall be the Chairman or Deputy Chairman and seven other members. (3) At all meetings of the Council the Chairman or, in his absence, the Deputy Chairman shall preside. (4) If on any question to be determined by the Council there is an equality of votes, the Chairman or Deputy Chairman shall have a casting vote in addition to his deliberative vote. (5) Subject to the provisions of this Act, the Council shall determine its own procedure. Martial Arts Societies 9 Council may invite others to meetings 9. The Council may request any person (not being member of the Council) to attend any meeting or deliberation of the Council for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the said meeting or deliberation. Minutes 10. (1) The Chairman or Deputy Chairman, as the case may be, shall cause minutes of all meetings of the Council to be maintained and kept in a proper form. (2) Any minutes made of meetings of the Council shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every meeting of the Council in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act. Validity of acts and proceedings 11. No act done or proceeding taken under this Act shall be questioned on the ground— (a) of any vacancy in the membership or of any defect in the constitution of the Council; (b) of the contravention by any member of the Council relating to the disclosure of interest by such member; or (c) of any omission, defect or irregularity not affecting the merits of the case. PART III REGISTRATION National controlling bodies 12. (1) There shall be formed, in respect of each form of martial arts, a national controlling body. 10 Laws of Malaysia ACT 170 (2) The name and constitution of the national controlling body and the procedure to be followed in electing or appointing the persons to the national controlling body shall be determined by the majority of representatives of martial arts societies studying that form of martial arts, each society sending only one representative. (3) Where on the date of coming into operation of this Act, there is already, in respect of any form of martial arts, a national controlling body, such body shall be deemed to have been formed and shall function as if formed under this Act. (4) Where on the date of coming into operation of this Act, there are, in respect of any form of martial arts, more than one national controlling body, the Registrar may within three months thereof, by notice served on each of such bodies, require them to form one national controlling body. (5) Where on the date of coming into operation of this Act, there is, in respect of any form of martial arts, no national controlling bodies or there are more than one national controlling bodies and such bodies have failed to form a national controlling body within the period of three months, the Minister may establish a national controlling body which shall be deemed to be the national controlling body in respect of that form of martial arts. (6) A national controlling body established by the Minister shall consist of— (a) seven members who shall be appointed by the Minister from members of the various martial arts societies studying that form of martial arts; (b) three members who shall be appointed by the Minister from Ministries the Minister considers necessary to be represented. (7) It shall be the function and duty of national controlling body— (a) to hold and control the holding of exhibitions and examinations; (b) to classify and control the classification of grades and the conduct of examination; Martial Arts Societies 11 (c) to determine the code of conduct and discipline of every student of that form of martial arts and may for that purpose establish disciplinary bodies as it deems fit; (d) to determine the persons who may participate at internationally organized functions or games but when so determining shall consult the Ministry charged with the responsibility for sports; (e) to promote and coordinate the activities of all martial arts societies studying that form of martial arts; and (f) to carry on all activities, the carrying on whereof appears to be requisite or advantageous for the advancement of that form of martial arts. (8) Every member of a national controlling body shall be a Federal citizen and where a non-citizen has been elected or appointed, his election or appointment shall be deemed to be void. Registration of martial arts societies 13. (1) Subject to subsection (2), no society registered under the Societies Act 1966 [