NATIONAL VISUAL ARTS DEVELOPMENT BOARD ACT 2011

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 724 NATIONAL VISUAL ARTS DEVELOPMENT BOARD ACT 2011 As at 15 June 2015 2 NATIONAL VISUAL ARTS DEVELOPMENT BOARD ACT 2011 … … … 24 January 2011 Date of publication in the Gazette… … … 27 January 2011 Date of Royal Assent … 3 LAWS OF MALAYSIA Act 724 NATIONAL VISUAL ARTS DEVELOPMENT BOARD ACT 2011 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II NATIONAL VISUAL ARTS DEVELOPMENT BOARD 3. Establishment of the National Visual Arts Development Board 4. Functions of the Board 5. Powers of the Board 6. Membership of the Board 7. Revocation of appointment and resignation 8. Vacation of office 9. Temporary exercise of functions of Chairman 10. Common seal 11. Power to establish companies 12. Delegation of Board’s functions and powers 13. Power of Minister to give directions and require information 14. Meetings and procedures of the Board 15. Secretary to the Board 16. Committees of the Board 4 Laws of Malaysia ACT 724 PART III OFFICERS AND SERVANTS OF THE BOARD Section 17. Appointment of Director General 18. Duties of Director General 19. Officers and servants of the Board 20. Power to grant loans and make advances to officers and servants 21. Payment of retirement benefits, gratuities and other allowances PART IV FINANCE 22. The Fund 23. Expenditure to be charged on the Fund 24. Conservation of the Fund 25. Power to borrow 26. Deposit and investment of the Fund 27. Accounts and reports 28. Expenditure and preparation of estimates 29. Financial year PART V NATIONAL VISUAL ARTS GALLERY 30. Establishment of the National Visual Arts Gallery 31. Disposal of works of visual arts from the Gallery 32. Exchange of works of visual arts 33. Disposal of works of visual arts left with the Gallery Nasional Visual Arts Development Board PART VI GENERAL 34. Power to make regulations 35. Protection from personal liability 36. Public Authorities Protection Act 1948 37. Public servants 38. Amendment of Schedule PART VII REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS 39. Repeal and dissolution 40. Transfer of powers, etc. 41. Transfer of property 42. Existing contracts 43. Continuance of civil and criminal proceedings 44. Transfer of Fund 45. Continuance of officers and servants SCHEDULE 5 7 LAWS OF MALAYSIA Act 724 NATIONAL VISUAL ARTS DEVELOPMENT BOARD ACT 2011 An Act to establish the National Visual Arts Development Board and National Visual Arts Gallery, to provide for the acquisition, preservation, exhibition and advancement of works of visual arts in Malaysia and for matters connected therewith, to repeal the National Art Gallery Act 1959, to dissolve the Board of Trustees of the National Art Gallery and to provide for consequential and incidental matters. [27 August 2011, P.U. (B) 463/2011] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the National Visual Arts Development Board Act 2011. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act. 8 Laws of Malaysia ACT 724 Interpretation 2. In this Act, unless the context otherwise requires— “Gallery” includes a branch of the National Visual Arts Gallery established under section 30; “national visual arts collection” and “national collection” means all works of visual arts acquired by the Board; “Fund” means the National Visual Arts Fund established under section 22; “Board” means the National Visual Arts Development Board established under section 3; “acquire” means acquire by way of purchase, transfer, grant, exchange, gift, settlement or otherwise; “officer of the Board” includes the Director General; “visual arts operator” means any person who carries on any visual arts business or operation; “visual art” means art created from a suitable medium, technique, process or technology, appeals to the visual sense and exists in tangible form; “appointed date” means the date on which this Act comes into operation. PART II NATIONAL VISUAL ARTS DEVELOPMENT BOARD Establishment of the National Visual Arts Development Boards 3. (1) A body corporate by the name of “National Visual Arts Development Board” is established. Nasional Visual Arts Development Board (2) seal. (3) 9 The Board shall have perpetual succession and a common The Board may sue and be sued in its name. (4) Subject to and for the purposes of this Act, the Board 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 (c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Board. Functions of the Board 4. The functions of the Board shall be— (a) to make recommendations to the Minister as to the policies, methods, measures and strategies to be adopted to promote, nurture and facilitate the development of visual arts in Malaysia; (b) to establish, operate and maintain the Gallery; (c) to purchase or acquire any works of visual arts; (d) to preserve the visual arts objects in the Gallery; (e) to maintain the standard and quality of the visual arts; (f) to provide assistance in monetary term or otherwise to visual arts operators in Malaysia; 10 Laws of Malaysia ACT 724 (g) to initiate activities either with or without the participation of visual arts operators towards the advancement of visual arts development in Malaysia; (h) to promote, assist and co-ordinate the activities of visual arts operators; (i) to provide support, including, but not limited to, financial support, advice and information, to any person, organization or institution towards the advancement of visual arts development in Malaysia; (j) to conduct activities for the purpose of stimulating public interest in visual arts, promoting knowledge, appreciation and practice of the visual arts and improving standards in such art; and (k) to act in any capacity or role towards the advancement of visual arts development Malaysia. Powers of the Board 5. (1) Subject to and for the purposes of this Act, the Board shall have the following powers: (a) to employ consultants, appoint agents and attorneys; (b) to hold any works of visual arts upon trust; (c) to provide training schemes and facilities, to control and supervise the implementation of training projects and programmes relating to the development or advancement of visual arts in Malaysia; (d) to employ such number of officers and servants on such terms and conditions as the Minister may approve; (e) to manage and control the Gallery and for that purpose may employ such number of officers and servants to run Nasional Visual Arts Development Board 11 the Gallery, on such terms and conditions as the Minister may approve; (f) to impose fees or any other charges it deems fit in respect of any entrance to any exhibition held at the Gallery or any other services rendered by the Gallery; (g) to lend any object belonging to the Gallery to any gallery, museum or exhibition on such terms and subject to such conditions as the Board thinks fit: Provided that the approval in writing of the Minister shall first be obtained if such gallery, museum or exhibition is outside Malaysia; (h) with the written consent of the Minister, and subject to any restrictions which the Minister may impose, to invest, borrow money or charge any movable or immovable property or any interest therein vested in the Board, upon such terms and conditions as the Board thinks fit; (i) to make available services in relation to the visual arts including the carrying out of investigations and the giving of advice; and (j) to do all things reasonably necessary for the performance of its duties under this Act. (2) Without prejudice to the generality of subsection (1) the Board, subject to any directive made by the Minister from time to time, shall have power to participate and promote participation in international collaborative projects, the participation whereof appears to it to be requisite, advantageous or convenient for or in connection with the performance of its functions under this Act. Membership of the Board 6. (1) The Board shall consist of the following members: 12 Laws of Malaysia ACT 724 (a) a Chairman to be appointed by the Minister; (b) the Secretary General of the Ministry charged with the responsibility for the development of visual arts, or his representative; (c) the Secretary General of the Ministry charged with the responsibility for finance, or his representative; and (d) not less than five but not more than ten other members to be appointed by the Minister of which half shall be practising artists or academics in the visual arts field who in the opinion of the Minister, would be able to contribute to the development of visual arts. (2) A member of the Board appointed by the Minister shall, unless his appointment is sooner revoked or he sooner resigns, hold office for a term not exceeding three years as the Minister may determine and is eligible for reappointment. (3) Members of the Board shall be paid such allowances as the Minister may determine. (4) The provisions of the Schedule shall apply to the Board. Revocation of appointment and resignation 7. (1) The appointment of any member appointed under paragraph 6(1)(a) or (d) may at any time be revoked by the Minister without assigning any reasons for the revocation. (2) A member appointed by the Minister may at any time resign his office by giving a written notice addressed to the Minister. Vacation of office 8. The office of a member appointed under paragraph 6(1)(a) or (d) shall be vacated if— Nasional Visual Arts Development Board 13 (a) he dies; (b) 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; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of afine) for more than two years; (c) he becomes a bankrupt; (d) he is of unsound mind or is otherwise incapable of discharging his duties; (e) he absents himself from three consecutive meetings of the Board without leave of the Chairman or in the case of the Chairman, without leave of the Minister; (f) his resignation is accepted by the Minister; or (g) his appointment is revoked by the Minister. Temporary exercise of functions of Chairman 9. (1) Where the Chairman is for any reason unable to perform the functions of the Chairman or during any period of vacancy in the office of the Chairman, the Minister may appoint any member of the Board to perform the functions of the Chairman. (2) A member appointed under subsection (1) shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman. 14 Laws of Malaysia ACT 724 (3) Where any person ceases to be a member of the Board by reason of any of the provisions of this Act, another person shall be appointed in his place in accordance with the provisions applying. Common seal 10. (1) The Board shall have a common seal which shall bear such device as the Board shall approve and such seal may be broken, changed, altered or made anew as the Board deems fit. (2) Until a seal is provided by the Board, a stamp bearing the words “National Visual Arts Development Board” may be used and shall be deemed to be the common seal of the Board. (3) The common seal shall be kept in the custody of the Director General or such other person as may be auth