PERBADANAN STADIUM MALAYSIA 2010

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 717 PERBADANAN STADIUM MALAYSIA ACT 2010 As at 1 December 2016 2 PERBADANAN STADIUM MALAYSIA ACT 2010 … … … … 29 December 2010 Date of publication in the Gazette … … … … 30 December 2010 Date of Royal Assent … 3 LAWS OF MALAYSIA Act 717 PERBADANAN STADIUM MALAYSIA ACT 2010 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE PERBADANAN 3. The Perbadanan and its objectives 4. Functions of the Perbadanan 5. Powers of the Perbadanan 6. Membership of the Perbadanan 7. Tenure of office 8. Temporary exercise of functions of Chairman 9. Revocation of appointment and resignation 10. Vacation of office and filling of vacancy 11. Allowance 12. Power of Minister to give directions 13. Returns, reports, accounts and information 14. Delegation of the Perbadanan’s functions and powers 15. The Perbadanan may establish committees 4 Laws of Malaysia ACT 717 PART III CHIEF EXECUTIVE OFFICER, OFFICERS AND SERVANTS OF THE PERBADANAN Section 16. The Chief Executive Officer 17. Employment of other officers and servants of the Perbadanan 18. Financial assistance to officers, servants and other persons PART IV FINANCE 19. The Fund 20. Expenditure to be charged on the Fund 21. Conservation of the Fund 22. Reserve fund 23. Expenditure and preparation of estimates 24. Financial year 25. Accounts and reports 26. Bank account 27. Statutory Bodies (Account and Annual Reports) Act 1980 PART V OTHER POWERS OF THE PERBADANAN 28. Power to borrow 29. Investment 30. Power to employ agents, etc. 31. Commercialization of research finding 32. Power to establish companies Perbadanan Stadium Malaysia PART VI GENERAL Section 33. Offence for giving false or misleading information 34. Duty to maintain secrecy 35. Protection against suit and legal proceedings 36. Public Authorities Protection Act 1948 37. Public servant 38. Power to make regulations 39. Acts done in anticipation of the enactment of this Act PART VII REPEAL, SAVINGS AND TRANSITIONAL 40. Repeal and dissolution 41. Transfer of powers, etc. 42. Transfer of property 43. Existing contracts 44. Transfer of moneys in funds 45. Membership of dissolved Corporation 46. Continuance of officers and servants 47. Continuance of civil and criminal proceedings 48. Reference in law or document to dissolved Corporation 49. Continuance of use of name SCHEDULE 5 7 LAWS OF MALAYSIA Act 717 PERBADANAN STADIUM MALAYSIA ACT 2010 An Act to establish the Perbadanan Stadium Malaysia, to make provisions in respect of the development, operation and management of stadiums, sports complexes and facilities, and to provide for consequential and incidental matters. [1 March 2011 ;P.U.(B) 92/2011] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Perbadanan Stadium Malaysia Act 2010. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “prescribed” means prescribed by rules, regulations or orders published in the Gazette; “committee” means a committee established by the Perbadanan under section 15; “Chief Executive Officer” means the Chief Executive Officer appointed under subsection 16(1) and includes any officer directed 8 Laws of Malaysia ACT 717 under subsection 16(6) to perform the duties of the Chief Executive Officer; “Fund” means the Perbadanan Stadium Malaysia Fund established under section 19; “Minister” means the Minister charged with the responsibility for sports; “Chairman” means the Chairman of the Perbadanan appointed under section 6; “Perbadanan” means the Perbadanan Stadium Malaysia established under section 3; “stadium” means any stadium, sports complex and sports facility established by the Perbadanan or under the purview of the Perbadanan; “appointed date” means the date on which this Act comes into operation. PART II THE PERBADANAN The Perbadanan and its objectives 3. (1) A body corporate by the name of “Perbadanan Stadium Malaysia” is established. (2) The Perbadanan shall have perpetual succession and a common seal and may sue and be sued in its name. (3) Subject to and for the purposes of this Act, the Perbadanan may, upon such terms as it deems fit— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and Perbadanan Stadium Malaysia 9 (c) convey, assign, surrender, yield up, charge, mortgage, demise, lease, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Perbadanan. (4) The objectives of the Perbadanan are to develop, operate and manage the stadiums in accordance with the standards determined by the Perbadanan. Functions of the Perbadanan 4. The functions of the Perbadanan are as follows: (a) to establish, manage, operate and maintain the stadiums; (b) to implement policies and development programmes to ensure the viability of the stadiums; (c) to develop and improve the stadiums and to furnish and equip the stadiums with plant, machinery, equipment and apparatus as the Perbadanan thinks appropriate; (d) to promote the stadiums, at national and international level, as multi-purpose venues for sports, recreational, cultural, educational, commercial and entertainment events and such other events as the Perbadanan thinks fit; (e) to develop and provide at the stadiums such facilities and services of a commercial nature complementary to the stadiums, including residential accommodation; (f) to encourage and promote the use of the stadiums by any person, whether local or foreign, on such terms and conditions as the Perbadanan deems fit; (g) to provide technical, advisory, consultancy services and other services related to sports and stadiums; (h) to co-operate and enter into arrangements with any person interested in the development of educational, medical and research facilities for sports at the stadiums, and if 10 Laws of Malaysia ACT 717 appropriate, elsewhere for the development of such facilities; (i) to develop a system and process that will make the stadiums accessible, affordable and appealing to the public; and (j) to carry out any other functions as it deems fit to enable it to perform its functions effectively or which is incidental to the performance of its functions. Powers of the Perbadanan 5. (1) The Perbadanan shall have the power to do all things expedient or reasonably necessary for or incidental to the carrying out of its functions. (2) Without prejudice to the generality of subsection (1), the powers of the Perbadanan shall include the power— (a) to carry on all activities, particularly activities which are commercial in nature, which appear to it to be requisite, advantageous or convenient for or in connection with the performance of its functions; (b) to initiate and carry out studies of possible development and redevelopment of stadiums and to propose plans outlining development or redevelopment activities and surveys to determine if the undertaking and carrying out of development or redevelopment of the stadiums are feasible; (c) to erect any building on any immovable property of the Perbadanan and lay out and prepare such property for any sports, games, recreations, pastimes, exhibitions and parades which may be suitably or conveniently held thereon, to provide pavilions, gymnasiums, refreshment rooms, shops, stalls, lavaratories and such other related amenities as the Perbadanan deems fit and to maintain or reconstruct any building standing on the Perbadanan land; Perbadanan Stadium Malaysia 11 (d) to hold or promote any sports, games, recreations, pastimes, exhibitions and parades, and to grant or contribute towards prizes, awards and distinctions; (e) to undertake activities relating to research and development on activities, services and other matters related to sports and stadiums, and to commission any person or body to carry out such research and development; (f) to co-operate with or act as authorized agent of, or otherwise act in association with or on behalf of, any company or corporation, or any body or person, whether local or foreign for the development of stadium facilities and services; (g) to directly or indirectly approach any investor or potential investor, whether local or foreign, in order to promote investment in the development, operation and management of stadiums; (h) to liaise and co-ordinate with the States’ authorities in respect of any activities relating to stadiums; (i) to apply for and accept the alienation or transfer of land for development, operation and management of stadiums; (j) to appoint such agents as it may deem fit for the purpose of performing its functions; (k) to impose fees, costs, levies, contributions or any other charges as it deems fit for giving effect to any of its functions or powers; and (l) to do all things expedient or necessary for or incidental to the performance of its functions under this Act. Membership of the Perbadanan 6. (1) The Perbadanan shall consist of the following members: (a) the Chairman, who shall be appointed by the Minister from amongst the members; 12 Laws of Malaysia ACT 717 (b) the Chief Executive Officer; (c) five representatives of the Federal Government consisting of— (i) one representative from the Ministry responsible for youth and sports; (ii) one representative from the Prime Minister’s Department; (iii) one representative from the Ministry of Finance; and (iv) two representatives from other agencies of the Federal Government; (d) five persons to represent sports organizations who shall be appointed by the Minister; and (e) five other persons who shall be appointed by the Minister who, in the opinion of the Minister, have the experience, shown capacity and professionalism in matters relating to the development, operation and management of stadiums, sport complexes and facilities. (2) The Minister may, in his discretion, appoint a Deputy Chairman from amongst the members of the Perbadanan. (3) The provisions of the Schedule shall apply to the Perbadanan. Tenure of office 7. (1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Perbadanan appointed under paragraph 6(1)(a), (d) or (e) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years. (2) A member of the Perbadanan appointed under paragraph 6(1)(a), (d) or (e) shall be eligible for reappointment but no member shall hold the office for more than two terms either continuously or otherwise. Perbadanan Stadium Malaysia 13 Temporary exercise of functions of Chairman 8. (1) When the office of the Chairman is vacant or the Chairman is absent from duty in Malaysia or the Chairman is, for any other reason, unable to perform the duties of his office, the member appointed under subsection 6(2) shall temporarily act as the Chairman, and if that member is for any reason unable to act under this subsection, the member under subparagraph 6(1)(c)(i) shall act as the Chairman. (2) A member acting as the Chairman under subsection (1) shall be deemed to be the Chairman. Revocation of appointment and resignation 9. (1) The appointment of any member under paragraph 6(1)(a), (d) or (e) may at any time be revoked by the Minister. (2) A member may at any time resign his office by a written notice addressed to the Minister. Vacation of office and filling of vacancy 10. (1) The office of a member of the Perbadanan appointed under paragraph 6(1)(a), (d) or (e) shall be vacated— (a) if he dies; (b) if there has been proved against him, or he has been convicted on, a