NATIONAL SPORTS COUNCIL OF MALAYSIA ACT 1971

029e.fm Page 1 Monday, March 27, 2006 2:29 PM LAWS OF MALAYSIA REPRINT Act 29 NATIONAL SPORTS COUNCIL OF MALAYSIA ACT 1971 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 MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD 2006 029e.fm Page 2 Monday, March 27, 2006 2:29 PM 2 NATIONAL SPORTS COUNCIL OF MALAYSIA ACT 1971 Date of Royal Assent … … … … … 27 April 1971 Date of publication in the Gazette … … … 29 April 1971 PREVIOUS REPRINTS First Reprint … … … … … 1993 Second Reprint … … … … 1999 PREPARED FOR PUBLICATION BY MALAYAN LAW JOURNAL SDN BHD AND PRINTED BY PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 029e.fm Page 3 Monday, March 27, 2006 2:29 PM National Sports Council of Malaysia LAWS OF MALAYSIA Act 29 NATIONAL SPORTS COUNCIL OF MALAYSIA ACT 1971 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II COUNCIL 3. The Council 4. Functions of the Council 5. Members of the Council PART III BOARD OF MANAGEMENT 6. Board of Management PART IV FEDERAL TERRITORY AND STATE SPORTS COUNCILS 7. Establishment of Federal Territory and State Sports Councils 7A. Power of Minister to make modification to provisions of Act PART V ADMINISTRATION 8. Appointment of Director General and other servants of the Board 3 029e.fm Page 4 Monday, March 27, 2006 2:29 PM 4 Laws of Malaysia PART VI FINANCE Section 9. Fund of the Council 10. Borrowing powers 11. Investment 12. Estimates of expenditure 13. Accounts and audit PART VII GENERAL 14. Annual Report 15. Regulations 16. Secrecy and penalty 17. Penal Code 18. Protection against legal proceedings 19. Delegation by the Board 20. Directions by the Minister 21. Ineligibility for employment as officers of the Council FIRST SCHEDULE SECOND SCHEDULE A CT 29 029e.fm Page 5 Monday, March 27, 2006 2:29 PM 5 LAWS OF MALAYSIA Act 29 NATIONAL SPORTS COUNCIL OF MALAYSIA ACT 1971 An Act to establish the National Sports Council of Malaysia and to provide for matters connected with it. [Throughout Malaysia—30 April 1971] 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: P ART I PRELIMINARY Short title 1. This Act may be cited as the National Sports Council of Malaysia Act 1971. Interpretation 2. In this Act, unless the context otherwise requires— “Council” means the National Sports Council of Malaysia established under section 3; “Board” means the Board of Management established under section 6; “Federal Territory Sports Council” and “State Sports Council” mean respectively the Federal Territory Sports Council and a State Sports Council duly established under section 7; “Minister” means the Minister charged with the responsibility for sports. 029e.fm Page 6 Monday, March 27, 2006 2:29 PM 6 Laws of Malaysia A CT 29 PART II COUNCIL The Council 3. A body by the name “The National Sports Council of Malaysia” is established with power to acquire and hold movable or immovable property, and to dispose thereof or otherwise deal therewith. Functions of the Council 4. (1) The functions of the Council shall be— (a) to advise the Minister on matters pertaining to sports generally and to the proper and more effective implementation of the provisions of this Act; (b) to co-ordinate the activities in respect of sports conducted by government departments or governmental or non-governmental agencies; (c) to make recommendations to the Government as the methods, measures and policies to be adopted to facilitate the development of sports, and where approved by Government, to implement and assist in the implementation thereof; and (d) generally to promote locally and internationally, and participate in, the development of sports in Malaysia. (2) The Council shall have power to do all things expedient or reasonably necessary or incidental to the discharge of its functions, and in particular, but without prejudice to the generality of the foregoing— (a) to conduct surveys and investigations in respect of sports; (b) to conduct and carry out feasibility studies for the development of sports; (c) to require government departments, and governmental and non-governmental agencies dealing in sports to submit reports regarding their activities; 029e.fm Page 7 Monday, March 27, 2006 2:29 PM National Sports Council of Malaysia 7 (d) to engage or assist in the development of sports, and in the provision or improvement of sports facilities within Malaysia and outside Malaysia, where international co-operation can stimulate the development of sports in Malaysia; (e) with the approval of the Minister in consultation with the Minister of Finance, to enter into equity participation in the development of sporting enterprises, and the provision of sports facilities and attractions; (f) subject to the provision of any regulations made under section 15, to regulate standards to be maintained by sports enterprises; (g) to acquire, purchase, take on lease, hire, hold and enjoy movable and immovable property of every description and to convey, assign, surrender, and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with or to develop any movable or immovable property belonging to the Council upon such terms as the Board deems fit; (h) to enter into any contract; (i) to receive, in consideration of the services rendered by it, such commission or payment as may be agreed upon; (j) to exercise all functions and powers and perform all duties which, under or by virtue of any other written law, may be vested or delegated to it; and (k) generally to do such acts as it thinks fit for the purpose of achieving any of the aforesaid objects. Members of the Council 5. (1) The Council shall consist of the members specified in subsections (2) and (3). (2) The Minister shall be the Chairman of the Council. (3) The other members of the Council shall be appointed by the Minister and shall consist of the following: (a) one representative nominated by the Federal Territory Sports Council and each State Sports Council; 029e.fm Page 8 Monday, March 27, 2006 2:29 PM 8 Laws of Malaysia A CT 29 (b) three representatives nominated by the Olympic Council of Malaysia; (c) one representative nominated by the Malaysian Schools Sports Council; (d) not less than five but not more than ten members appointed from amongst persons who in the opinion of the Minister can contribute to the development and promotion of sports; and (e) not less than three but not more than five members appointed from amongst Ministries which the Minister considers necessary to be represented. (4) Part I of the First Schedule shall apply to the members of the Council. PART III BOARD OF MANAGEMENT Board of Management 6. (1) The management of the affairs of the Council shall be vested in a Board of Management which shall consist of the Chairman of the Council who shall also be the Chairman of the Board, and not less than six but not more than ten members to be appointed by the Minister in the manner specified in subsection (2). (2) The members of the Board shall be appointed as follows: (a) four members shall be persons who are members of the Council appointed under section 5; (b) one representative each of the Ministry of Youth and Sports and the Ministry of Finance respectively; and (c) any other persons the Minister considers fit and proper persons to be members of the Board. (3) At any meeting of the Board one third of the total membership of the Board shall constitute a quorum. (4) Part II of the First Schedule shall apply to members of the Board. 029e.fm Page 9 Monday, March 27, 2006 2:29 PM National Sports Council of Malaysia 9 P ART IV FEDERAL TERRITORY AND STATE SPORTS COUNCILS Establishment of Federal Territory and State Sports Councils 7. (1) There shall be established in the Federal Territory a Federal Territory Sports Council and in every State a State Sports Council in respect of which the provisions of the Second Schedule shall have effect. (2) All the provisions of this Act which refer or apply to a State Sports Council shall, with such modification as the circumstances may require, be deemed to refer or apply to the Federal Territory Sports Council. Power of Minister to make modification to provisions of Act 7A. (1) The Minister may by order make any modification he considers necessary to the provisions of this Act in their application to the Federal Territory Sports Council and the State Sports Councils of Sabah and Sarawak having regard in general to circumstances prevailing in the Federal Territory and in the States of Sabah and Sarawak and in particular to the division of the Federal Territory and the States of Sabah and Sarawak into areas by whatever name they may be known. (2) The Minister may by order amend the First and Second Schedules. PART V ADMINISTRATION Appointment of Director General and other servants of the Board 8. (1) The Board may appoint a Director General who shall be responsible for the day to day administration and management of the affairs of the Council and to perform such duties and exercise such powers as may be entrusted or delegated by the Board or the Chairman of the Board acting on behalf of the Board: 029e.fm Page 10 Monday, March 27, 2006 2:29 PM 10 Laws of Malaysia A CT 29 Provided that the first Director General immediately after the coming into force of this Act shall be a person appointed by the Minister. (2) The Board may appoint such other officers and servants as it may consider necessary for the efficient conduct of the affairs of the Council. (3) The Director General and other officers and servants of the Board shall be responsible to the Board. (4) The Director General, officers and servants of the Council shall hold office for such period, receive such salaries and allowances and be subject to such conditions of service as may be determined by the Board. P ART VI FINANCE Fund of the Council 9. For the purpose of this Act, a National Sports Fund (hereinafter referred to as “the Fund”) is established to be administered and controlled by the Board— (a) into which shall be paid— (i) such sums as may be provided from time to time by Parliament; (ii) such sums as may from time to time be borrowed by the Board upon terms and conditions approved by the Minister in consultation with the Minister of Finance for the purpose of meeting any of its obligations or discharging any of its duties; (iii) all moneys earned by the operation of any project, scheme or enterprise financed from the Fund; (iv) all moneys earned or arising from any property, investment, mortgage, charges or debentures acquired by or vested in the Board; 029e.fm Page 11 Monday, March 27, 2006 2:29 PM National Sports Council of Malaysia (b) 11 (iva) all gifts, donations and bequests from individuals, companies, foundations and other sources; and (v) all other sums or property which may in any manner become payable to, or vested in, the Board in respect of any matter incidental to its powers and duties; out of which shall be defrayed— (i) all expenditure (including capital expenditure) incurred by the Board in carrying out its functions; and (ii) moneys for the repayment of any loan made to the Board pursuant to its power to borrow. Borrowing powers 10. The Board may, upon conditions approved by the Minister in consultation with the Minister of Finance, borrow such sums as it may require for carrying out any of its functions under this Act. Investment 11. The assets of the Board shall, insofar as they are not required to be expended by the Board under this Act, be invested in such m