DEWAN BAHASA DAN PUSTAKA ACT 1959

Dewan Bahasa dan Pustaka LAWS OF MALAYSIA REPRINT Act 213 DEWAN BAHASA DAN PUSTAKA ACT 1959 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 1 2 DEWAN BAHASA DAN PUSTAKA ACT 1959 First enacted Revised ... ... ... … ... ... 1959 (Ordinance No. 25 of 1959) ... ... ... … ... ... ... 1978 (Act 213 w.e.f. 15 November 1978 National language text to be authoritative ... ... … ... ... ... P.U. (B) 501/1994 PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 3 LAWS OF MALAYSIA Act 213 DEWAN BAHASA DAN PUSTAKA ACT 1959 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation PART II THE BOARD 3. Establishment of the Board of Control of the Dewan Bahasa dan Pustaka 4. Constitution of the Board 5. Objects 6. Duties of the Board 6A. Board to be sole co-ordinating authority 6B. Delegation 7. General powers of the Board to enter into contract, etc. 7A. Powers of the Board to transfer or dispose of activity or duty 8. Common seal 9. Quorum 10. Procedure of the Board 11. Appointment and procedure of committees 11 A. Appointment and procedure of subcommittees 11 B. Remuneration or allowance 12. Expenses payable to members of the Board 13. Disclosure by member of the Board of interest in transaction with the Board and disqualification of such a member from voting 4 Laws of Malaysia Section 14. 15. Powers of the Minister in relation to the Board Disposal of capital assets P ART III ADMINISTRATION, DISCIPLINE AND FINANCE Administration 16. Appointment of officers and servants 16 A. Duties of the Director General 17. Control of officers and servants 18. Power to employ agents Discipline 18 A. Disciplinary committees 18B. Power to make disciplinary regulations Finance 19. Establishment of Fund 20. Duty of Board to conserve the Fund 21. Fund to be deposited with a bank 22. Expenses to be paid from the Fund 23. Annual estimates 24. Accounts and audit 24 A. Imposition of surcharge 24B. Notification of surcharge 24C. Withdrawal of surcharge 24 D. Recovery of surcharge PART IV GENERAL 25. Annual report 25 A. Public servants 26. Public Authorities Protection Act 27. Power to make regulations 28. Power to make rules ACT 213 Dewan Bahasa dan Pustaka 5 LAWS OF MALAYSIA Act 213 DEWAN BAHASA DAN PUSTAKA ACT 1959 An Act to institute and establish a body to be known as the Board of Control of the Dewan Bahasa dan Pustaka to promote the development of language and literature in Malaysia. [Peninsular Malaysia—1 August 1959, L.N. 270/1959; Sabah, Sarawak and Federal Territory of Labuan—11 January 1996, Act A930] PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Dewan Bahasa dan Pustaka Act 1959. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “Board of Control” or “Board” means the Board of Control of the Dewan Bahasa dan Pustaka established under section 3; “Chairman” means the Chairman of the Board and includes a Vice Chairman; “Director General” means the Director General of the Board appointed under section 16; “disciplinary committee” means the disciplinary committee of the Board referred to in subsection 18A(2); “financial year” means a period of twelve months ending on the 31 December; 6 Laws of Malaysia ACT 213 “Fund” means the Dewan Bahasa dan Pustaka Fund established under section 19; “member” means any member of the Board appointed under section 4 and includes the Chairman and Vice Chairman; “Minister” means the Minister for the time being charged with the responsibility for education. PART II THE BOARD Establishment of the Board of Control of the Dewan Bahasa dan Pustaka 3. (1) There shall be established a Board to be called the “Board of Control of the Dewan Bahasa dan Pustaka” which shall have an office in Malaysia. (2) The Board shall be a body corporate with perpetual succession and a common seal. Constitution of the Board 4. (1) The Board shall consist of the following members— (a) a Chairman who shall be appointed by the Minister; (b) the Secretary General of the Ministry of Education or his representative; (c) the Director General of Education or his representative; (cc) the Attorney General or his representative; (d) the Secretary General of the Treasury or his representative; (dd) the Director General of Public Services or his representative; (e) one person appointed by the Conference of Rulers; and (f) not more than 10 persons appointed by the Minister who in his opinion possess wide knowledge or have gained extensive experience in any field of activities which can be beneficial to the Board. (2) The Minister may appoint any member of the Board to be Vice Chairman of the Board. Dewan Bahasa dan Pustaka 7 (3) The Board may appoint a Secretary under section 16 who shall not be a member of the Board. (4) Subject to the provisions of this Act, every member shall hold office for a term not exceeding three years from the date of his appointment and shall be eligible for reappointment. (5) Any member who— (a) without reasonable cause absents himself from three consecutive meetings of the Board and any of its committees of which he is a member; (b) has been found or declared to be of unsound mind; (c) has become bankrupt or made an arrangement with his creditors; or (d) has been sentenced to imprisonment, shall be deemed to have vacated office. (6) The appointor concerned may at any time revoke the appointment of any member if he thinks it expedient so to do without assigning any reason therefor. (7) The appointor concerned may at any time accept the resignation of any member. (8) If any vacancy occurs by death, absence, insanity, bankruptcy, resignation or otherwise, the appointor concerned may appoint a person to fill such vacancy for the unexpired period of office of the member in respect of whom the vacancy occurred. (9) The appointor may appoint any suitable person to act as a member of the Board during the continued illness, incapacity or absence from Malaysia of any member. Objects 5. (1) The objects of the Board shall be— (i) to develop and enrich the national language in all fields including science and technology; (ii) to develop literary talent, particularly in the national language; 8 Laws of Malaysia ACT 213 (iii) to print or publish or assist in the printing or publication of books, magazines, pamphlets and other forms of literature in the national language and in other languages; (iv) to standardize spelling and pronunciation, and devise appropriate terminologies in the national language; (v) to encourage the proper usage of the national language; and (vi) to encourage the usage of the national language so that it will be extensively used for all purposes in accordance with the law for the time being in force. (2) For the purpose of paragraphs (1)(v) and (vi), “to encourage” includes giving direction, commentary, advice, assistance, guidance, training or supervision. Duties of the Board 6. (1) It shall be the duty of the Board to formulate and implement policies in the carrying out of its objects. (2) (Deleted by Act A930). Board to be sole co-ordinating authority 6A. The Board shall be the sole co-ordinating authority pertaining to composing, devising and standardizing of terminologies in the national language. Delegation 6B. (1) The Board may, by an instrument in writing under its common seal and subject to such conditions or restrictions as may be prescribed therein, delegate any of its duties or powers imposed or conferred on it, except the powers under sections 18A , 18B, 19 and 27, to— (a) the Director General; or (b) any of the officers or servants of the Board. (2) A delegation under subsection (1)— (a) may be revoked or varied at any time by the Board; and Dewan Bahasa dan Pustaka 9 (b) shall not prevent the Board from itself performing the duty or exercising the power so delegated where it appears expedient to do so. General powers of the Board to enter into contract, etc. 7. (1) The Board shall have the power to do anything and to enter into any contract or business transaction (whether or not involving expenditure, the acquisition, use and disposal of any movable, immovable, tangible or intangible property) which in its opinion is calculated to facilitate the performance of its duties or the exercise of its powers effectively: Provided that this power shall not include the power to borrow other than as provided in subsection 19(2). (2) Without prejudice to the generality of subsection (1), the Board shall have the power— (a) to carry out any commercial, industrial, research or training activity or any other activity the carrying out whereof appears to it to be requisite, advantageous or convenient for or in connection with the performance of its duties or the exercise of its powers; (b) to impose fees or any other charges it deems fit for services that the Board is requested to carry out, render or perform; (c) to receive in consideration of the services carried out, rendered or performed by it such commission or payment as may be agreed upon; and (d) to perform all duties and exercise all powers which, under any written law, are or may be, or may become, vested in the Board or are delegated to the Board. (3) For the purpose of this section— (a) “acquisition”, in relation to property, includes the purchasing, taking on lease and hiring of such property; and (b) “disposal”, in relation to property, includes the conveying, selling, assigning, surrendering and yielding up, charging, mortgaging, demising, letting and subletting, reassigning and transferring of such property. 10 Laws of Malaysia ACT 213 Powers of the Board to transfer or dispose of activity or duty 7 A. (1) The Board may, in relation to the carrying out of its object under paragraph 5(1)(iii), transfer or dispose of any of its activity or duty to any person or body subject to such terms and conditions as it may impose. (2) The Board may make rules to regulate the activities of such person or body and prescribe the rates and charges that may be fixed by such person or body in respect of the activity or duty of such person or body under subsection (1). Common seal 8. (1) The Board shall have a common seal which shall bear such device as the Board may approve and such seal may from time to time be broken, changed, altered and made anew by the Board as the Board may think fit. (2) Until a seal is provided by the Board under this section, a stamp bearing the description “Board of Control: Dewan Bahasa dan Pustaka” may be used as and shall be deemed to be the common seal. (3) The common seal shall be kept in the custody of the Chairman and all deeds, documents and other instruments requiring the seal of the Board shall be sealed with the seal of the Board in the presence of the Chairman or the Vice Chairman and of a member or an officer of the Board authorized by the Board to act in that behalf, who shall sign every such deed, document or other instrument to which such seal is affixed and such signing shall be sufficient evidence that such seal was duly and properly fixed and that the same is, or is used as, the lawful seal of the Board. (4) The seal of the Board shall be officially and judicially noticed. Quorum 9. (1) The quorum for a meeting of the Board shall be five members present in addition to the Chairman. (2) In the event of the votes on any question being equal, the Chairman shall have a casting vote in addition to his original vote. Dewan Bahasa dan Pustaka 11 (3) The Board may invite any one or more persons to attend any particular meeting of the Board for the purpose of assisting or advising the Board, but such invited persons shall have no right to vote. Procedure of th