PERBADANAN KEMAJUAN FILEM NASIONAL MALAYSIA ACT 1981

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 244 PERBADANAN KEMAJUAN FILEM NASIONAL MALAYSIA ACT 1981 As at 1 August 2013 2 PERBADANAN KEMAJUAN FILEM NASIONAL MALAYSIA ACT 1981 Date of Royal Assent … … … … 12 February 1981 … … 19 February 1981 Date of publication in the Gazette Latest amendment made by Act A 1451 which came into operation on … … … … 1 April 2013 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 244 PERBADANAN KEMAJUAN FILEM NASIONAL MALAYSIA ACT 1981 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II PERBADANAN KEMAJUAN FILEM NASIONAL MALAYSIA 3. Establishment of the Perbadanan Kemajuan Filem Nasional Malaysia 4. Membership of the Perbadanan 5. Seal of the Perbadanan 6. Functions of the Perbadanan 7. Delegation 8. Directions by the Minister PART III ADMINISTRATION 9. Appointment of chief executive officer and other officers and servants of the Perbadanan 10. Duties of chief executive officer 11. Perbadanan to determine conditions of service of its officers and servants 4 Laws of Malaysia ACT 244 Section 11A. Employment of Government employees 11B. Salaries, term and conditions of service of Government employees to be taken into account 12. Public servants for purposes of Penal Code 13. Committees 14. No person having interest to be appointed as member, officer or servant of the Perbadanan 15. Declaration of share or interest and disqualification PART IV FINANCE 16. The Fund of the Perbadanan 17. Borrowing powers 18. Investment 19. Finance 20. Statutory Bodies (Accounts and Annual Reports) Act 1980 PART V PRODUCTION, DISTRIBUTION AND EXHIBITION OF FILMS 21. No person to engage in all three activities of production, distribution and exhibition of films 22. Activity or combination of activities to be licensed 22A. Grant of certificate of merit to short subject films 23. Restriction on partnership or company where person has controlling interest 24. Person licensed to ascertain that film has come into possession, custody or control lawfully 24A. Imposition of film charges 24B. Presumption 25. Offence to contravene any of the provisions of this Part 26. Persons who shall be deemed to be guilty of offence Perbadanan Kemajuan Filem Nasional Malaysia 5 PART VA ENFORCEMENT Section 26A. Authorization of officers to exercise powers under this Part 26B. Powers of arrest 26C. Search with warrant 26D. Search without warrant 26E. List of things seized 26F. Sealing of things seized 26G. Power of investigations 26H. Conduct of prosecution 26I. Power of inspection 26J. Obstruction to search, etc. 26K. Compounding 26L. Forfeiture of things seized PART VI MISCELLANEOUS 27. Protection against legal proceedings 28. Appearance in and conduct of civil proceedings by federal counsel 29. Information of organization, business, finance, transactions and affairs of the Perbadanan not to be disclosed except in certain circumstances 30. (Deleted) 31. (Deleted) 32. Validation of acts done in anticipation of Act 33. Act not to derogate from other laws 34. Regulations 34A. Exemption SCHEDULE 7 LAWS OF MALAYSIA Act 244 PERBADANAN KEMAJUAN FILEM NASIONAL MALAYSIA ACT 1981 An Act to promote, nurture and facilitate the development of the film industry of Malaysia, to establish the Perbadanan Kemajuan Filem Nasional Malaysia and to provide for matters necessary therefor, connected therewith or incidental thereto. [1 May 1981, P.U. (B) 265/1981; except Part V: 1 January 1984, P.U. (B) 648/1983] 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, application and commencement 1. (1) This Act may be cited as the Perbadanan Kemajuan Filem Nasional Malaysia Act 1981 and shall apply throughout Malaysia. (2) This Act shall come into operation on such date or dates as the Minister may, by notification in the Gazette, appoint and he may appoint different dates for different provisions and for different parts of Malaysia. Interpretation 2. In this Act, unless the context otherwise requires — “authorized officer” means an officer authorized in writing by the Minister; 8 Laws of Malaysia ACT 244 “Chairman” means the Chairman of the Perbadanan appointed under section 4 and includes the Deputy Chairman and a temporary Chairman while exercising the functions of the Chairman; “chief executive officer” means the chief executive officer of the Perbadanan appointed under section 9; “cinema hall” includes any premises, building, structure and any place whatsoever used to screen films for viewing by the public or any class of the public; “films” includes feature films, short films, short subject films, trailers, documentaries, advertising filmlets and any recording on material of any kind, including video tapes and video discs, of moving images, accompanied or unaccompanied by sound, for viewing by the public or any class of the public; “film activities” includes all activities related to the film industry; “film distribution” includes the renting, hiring and loaning of films for profit or otherwise, the importation and distribution of films produced abroad and the distribution of films produced locally; “film exhibition” means the screening of films for viewing by the public or any class of the public; “film industry” includes the activities of film production, distribution and exhibition carried out in Malaysia; “film production” includes all activities related to the production or processing of films, or the recording or duplicating of video tapes, for viewing by the public or any class of the public; “licence holder” means any person issued with a licence under this Act; “member”, in relation to the Perbadanan, includes the Chairman, Deputy Chairman and a temporary Chairman of the Perbadanan; and, in relation to a committee of the Perbadanan, includes the chairman of the committee; Perbadanan Kemajuan Filem Nasional Malaysia 9 “Minister” means the Minister charged with the responsibility for the development of the film industry; “officer of the Perbadanan” includes the chief executive officer; “Perbadanan” means the Perbadanan Kemajuan Filem Nasional Malaysia established under section 3; “prescribed” means prescribed by subsidiary legislation made under this Act; “short subject film” means — (a) any documentary; (b) any animation film; (c) any film of cultural or educational value; or (d) any experimental film, whose duration does not exceed thirty minutes. PART II PERBADANAN KEMAJUAN FILEM NASIONAL MALAYSIA Establishment of the Perbadanan Kemajuan Filem Nasional Malaysia 3. There shall be established a corporation by the name of “Perbadanan Kemajuan Filem Nasional Malaysia” which shall have perpetual succession and a common seal and which may sue and be sued in the same name and, subject to and for the purposes of this Act, may enter into contracts and hold and deal in or with any movable or immovable property and do all other matters and things incidental or appertaining to a body corporate. 10 Laws of Malaysia ACT 244 Membership of the Perbadanan 4. (1) The Perbadanan shall consist of a Chairman, a Deputy Chairman and not less than seven but not more than ten other members, to be constituted as follows — (a) a Chairman and a Deputy Chairman to be appointed by the Minister from amongst persons who, in his opinion, by reason of their knowledge and extensive experience, would be of substantial service to the film industry; (b) four members to be appointed by the Minister from amongst persons who are connected with the film and related industries and are not public officers; (c) the Secretary General of the Ministry charged with the responsibility for the development of the film industry, or his representative; (d) the Secretary General of the Ministry charged with the responsibility for finance, or his representative; (e) the Secretary General of the Ministry charged with the responsibility for information, or his representative; and (f) such other persons, being not more than three in number, as the Minister considers fit and proper persons to be members of the Perbadanan, to be appointed by the Minister. (2) A member of the Perbadanan appointed under paragraph (a), (b) or (f) shall, unless his appointment is sooner revoked or he sooner resigns, hold office for such period not exceeding three years as the Minister may determine and he shall be eligible for reappointment. (3) The members of the Perbadanan may be paid such remuneration or allowances as the Minister may determine. (4) The Schedule shall apply in respect of the Perbadanan and its members. Perbadanan Kemajuan Filem Nasional Malaysia 11 Seal of the Perbadanan 5. (1) The Perbadanan shall have a common seal and such seal may, from time to time, be broken, changed, altered or made anew as the Perbadanan deems fit: Provided that until a seal is provided under this section a stamp bearing the inscription “Perbadanan Kemajuan Filem Nasional Malaysia” may be used as a common seal. (2) All deeds, documents and other instruments requiring the seal of the Perbadanan shall be sealed accordingly in the presence of two members of the Perbadanan who shall sign every deed, document or instrument to which the seal is affixed; and such signing shall without further attestation be sufficient evidence that the seal was duly and properly affixed and that the same is the lawful seal of the Perbadanan: Provided that a deed, document or other 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 Perbadanan; and such deed, document or instrument may be executed on behalf of the Perbadanan by any of its officers or servants generally or specially authorised in writing so to act. (3) The seal of the Perbadanan shall be officially and judicially noticed. Functions of the Perbadanan 6. (1) The functions of the Perbadanan shall be — (a) to make recommendations to the Minister as to the policies, methods and measures to be adopted to promote, nurture and facilitate the development of the film industry; (b) to develop, and stimulate the growth and maintain the standards of, the film industry by various means, including the provision of research and advisory services; 12 Laws of Malaysia ACT 244 (c) to regulate and co-ordinate the activities of persons and bodies relating to matters pertaining to the film industry; (d) generally to promote and assist, both inside and outside Malaysia, in the development of the film industry; (e) to regulate and control the production, distribution and exhibition of films in Malaysia, and in relation thereto to provide for the issue of licences; (f) to manage and control the maintenance and operation of places and equipment belonging to the Perbadanan for the purposes of paragraph (2)(c); (g) to disseminate information on policies, programmes and achievements of the Government through the production of films; and (h) to record event coverage for archive purposes. (2) The Perbadanan shall have power to do all things expedient or reasonably necessary for or incidental to the discharge of its functions and in particular, but without prejudice to the generality of the foregoing, it shall have the power — (a) to co-operate with government agencies, or bodies corporate or private persons in conducting surveys and research in respect of the film industry and in carrying out feasibility studies for the development of the local film industry; (b) to provide training facilities and to control and supervise the implementation of training projects and programmes relating to the film industry; (c) to provide or assist in the production of services, facilities and filming equipment