MALAYSIA TOURISM PROMOTION BOARD ACT 1992

LAWS OF MALAYSIA REPRINT Act 481 MALAYSIA TOURISM PROMOTION BOARD ACT 1992 Incorporating all amendments up to 1 May 2010 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2010 2 Laws of Malaysia ACT 481 MALAYSIA TOURISM PROMOTION BOARD ACT 1992 Date of Royal Assent … … … … 30 January 1992 Date of publication in the Gazette … 20 February 1992 PREVIOUS REPRINTS First Reprint … … … … … 2001 Second Reprint … … … … … 2006 Malaysia Tourism Promotion Board 3 LAWS OF MALAYSIA Act 481 MALAYSIA TOURISM PROMOTION BOARD ACT 1992 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE MALAYSIA TOURISM PROMOTION BOARD 3. Establishment of the Board 4. Functions and powers of the Board 5. Membership of the Board 6. Public Authorities Protection Act 1948 7. Public servants 8. Power of the Minister to give directions 9. Reports and information PART III DIRECTOR GENERAL, DEPUTY DIRECTOR GENERALS, DIRECTORS AND OTHER OFFICERS AND SERVANTS 10. Appointment of the Director General, Deputy Director Generals, Directors and other officers and servants 11. Ineligibility for appointment 12. Regulations with respect to conditions of service 13. Regulations with respect to discipline 4 Laws of Malaysia ACT 481 PART IV FINANCE Section 14. The Fund 15. Conservation of Fund 16. Expenditure to be charged on the Fund 17. Expenditure and preparation of estimates 18. Statutory Bodies (Account and Annual Reports) Act 1980 PART V OTHER POWERS OF THE BOARD 19. Delegation by the Board 20. Power to borrow 21. Investment 22. Power to employ PART VI GENERAL 23. Obligation of secrecy 24. Power to make regulations PART VII REPEAL AND TRANSITIONAL PROVISIONS 25. Repeal 26. Continuance of members of the Board of Management and officers and servants 27. Transfer of fund, assets, property, rights, liabilities and obligations 28. Construction 29. Continuance of laws, etc. 30. Existing contracts 31. Continuance of criminal and civil proceedings 32. Prevention of anomalies SCHEDULE Malaysia Tourism Promotion Board 5 LAWS OF MALAYSIA Act 481 MALAYSIA TOURISM PROMOTION BOARD ACT 1992 An Act to establish the Malaysia Tourism Promotion Board and to provide for matters connected therewith. [1 May 1992; P.U. (B) 198/1992] 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 and commencement 1. (1) This Act may be cited as the Malaysia Tourism Promotion Board Act 1992. (2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint. Interpretation 2. (1) In this Act, unless the context otherwise requires— “appointed day” means the day appointed by the Minister under section 1; “Board” means the Malaysia Tourism Promotion Board established under section 3; 6 Laws of Malaysia ACT 481 “Chairman” means the Chairman of the Board appointed under section 5; “Commissioner of Tourism” means the Commissioner of Tourism appointed under section 4 of the Tourism Industry Act 1992 [Act 482]; “Corporation” means the Tourist Development Corporation of Malaysia established under the Tourist Development Corporation of Malaysia Act 1972 [Act 72]; “Deputy Chairman” means the Deputy Chairman appointed under section 5; “Deputy Director General” means a Deputy Director General appointed under section 10; “Director” means a Director appointed under section 10; “Director General” means the Director General appointed under section 10; “Fund” means the fund established under section 14; “Minister” means the Minister for the time being charged with the responsibility for tourism; “repealed Act” means the Tourist Development Corporation of Malaysia Act 1972 and includes any regulations made thereunder; “tourism enterprise” has the same meaning assigned to it under the Tourism Industry Act 1992. (2) Any reference in this Act to “this Act” shall, unless otherwise expressly stated, be deemed to include a reference to any regulations, rules, order, notification or other subsidiary legislation made under this Act. PART II THE MALAYSIA TOURISM PROMOTION BOARD Establishment of the Board 3. There is hereby established a body corporate by the name of “Malaysia Tourism Promotion Board” with perpetual succession Malaysia Tourism Promotion Board 7 and a common seal, which may sue and be sued in its name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may 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 therein vested in the Board upon such terms as it deems fit. Functions and powers of the Board 4. (1) The functions of the Board shall be— (a) to stimulate and promote tourism to and within Malaysia; (b) to stimulate, promote and market, internationally and locally, Malaysia as a tourist destination; (c) to coordinate any marketing or promotion activity in relation to tourism conducted by any government department or governmental or non-governmental agencies or organizations; and (d) to make recommendations to the Minister as to the methods, measures and programmes to be adopted to facilitate and stimulate the development and promotion of the tourism industry in Malaysia and where approved by the Minister, to implement or assist in the implementation of the methods, measures and programmes in question. (2) The Board shall have power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions, and in particular, but without prejudice to the generality of the foregoing— (a) to carry on all activities relating to tourism which are commercial or industrial in nature and activities of research and training, the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the performance of its functions; (b) to co-operate with or act as agent of, or otherwise act in association with or on behalf of any agency or organization, international or otherwise; 8 Laws of Malaysia ACT 481 (c) to secure local and overseas publicity for the promotion of Malaysia as a tourist destination; (d) to promote and co-ordinate the carrying on of such activities which are connected or related to its functions by any government department, or governmental or non-governmental agency or organization; (e) to conduct researches, surveys and investigations which are requisite, advantageous or convenient for or in connection with the performance of its functions; (f) to require any government department, or governmental or non-governmental agency or organization to submit information, programmes and reports in respect of its tourism promotion and marketing activities; (g) to enter into such negotiations and arrangements as the Board considers necessary for the performance of its functions; (h) to assist in the development of tourism enterprises in Malaysia, and in the provision or improvement of tourist facilities and attractions in Malaysia; (i) to give assistance to any governmental or non-governmental agency or organization appearing to the Board to have facilities for the carrying on of any such activities, including, with the approval of the Minister, financial assistance by the taking up of share or loan capital or by loan or otherwise; (j) to dispose of capital assets and to use the proceeds from such disposal as the Board deems fit; (k) to appoint such agents as it may deem fit for the purpose of performing its functions; (l) to impose fees or any other charges it deems fit for giving effect to any of its functions or powers; (m) to do such other things as it deems fit to enable it to carry out its functions and powers effectively; and (n) to exercise all powers and perform all duties which, under or by virtue of any other written law, may be vested or delegated to it. Malaysia Tourism Promotion Board 9 Membership of the Board 5. (1) The Board shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; (b) a Deputy Chairman; (c) the Director General; and (d) not less than six but not more than ten members of whom— (i) at least four shall be persons who are connected with any tourism enterprise but shall not hold any public office; (ii) at least two shall be representatives of the Ministry of Tourism and the Ministry of Finance respectively; and (iii) any other persons as the Minister considers fit and proper to be members of the Board. (2) The Minister shall appoint the Chairman and the Deputy Chairman from amongst persons who in the opinion of the Minister has had extensive experience in tourism enterprises or in other fields of activities which is of great service to the development of tourism. (3) The Board may delegate any of its functions and powers to the Chairman. (4) The provisions of the Schedule shall apply to the Board. Public Authorities Protection Act 1948 6. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Board or any member, officer, servant or agent of the Board in respect of any act, neglect or default done or committed by him in such capacity. 10 Laws of Malaysia ACT 481 Public servants 7. All members, officers and servants of the Board, while discharging their duties as such members, officers and servants, shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Power of the Minister to give directions 8. The Board shall be responsible to the Minister, and the Minister may from time to time give directions not inconsistent with the provisions of this Act and the Board shall give effect to all such directions. Reports and information 9. (1) The Board shall furnish to the Minister such information with respect to its property and activities as the Minister may from time to time require or direct. (2) The Board shall, not later than the 30th day of June of each year, cause to be made and transmitted to the Minister a report dealing with the activities of the Board during the preceding year and the report shall contain such information relating to the proceedings and policy of the Board as the Minister may from time to time specify. PART III DIRECTOR GENERAL, DEPUTY DIRECTOR GENERALS, DIRECTORS AND OTHER OFFICERS AND SERVANTS Appointment of the Director General, Deputy Director Generals, Directors and other officers and servants 10. (1) The Minister shall appoint a fit and proper person, on such terms and conditions as he may determine, to be the Director General who shall be the chief executive officer of the Board. Malaysia Tourism Promotion Board 11 (2) The Board shall— (a) with the approval of the Minister, appoint such number of Deputy Director Generals and Directors as it deems appropriate; and (b) appoint such other officers and servants as it considers necessary for the efficient conduct of the business of the Board, on such terms and conditions, including remuneration, as may be determined by the Board with the approval of the Minister. (3) The Director General shall, subject to the direction of the Board on matters of policy, be charged with the day to day administration and management of the affairs of the Board. (4) The Director General shall be responsible to the Chairman acting on behalf of the Board. (5) The Director General shall have the general control of the Deputy Director Generals, Directors and other officers and servants of the Board. (6) The Board may, with the approval of the Minister, vest the Director General, the