RACING (TOTALIZATOR BOARD) ACT 1961

Racing (Totalizator Board) LAWS OF MALAYSIA REPRINT Act 494 RACING (TOTALIZATOR BOARD) ACT 1961 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 RACING (TOTALIZATOR BOARD) ACT 1961 First enacted Revised ... ... ... … … … … 1961 (Act No. 10 of 1961) … … … … … … … … 1992 (Act 494 w.e.f. 15 October 1992) PREVIOUS REPRINT First Reprint ... ... ... ... ... 2002 3 LAWS OF MALAYSIA Act 494 RACING (TOTALIZATOR BOARD) ACT 1961 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation PART I THE TOTALIZATOR BOARD 3. Establishment and incorporation of the Board 4. Powers of the Board 5. Constitution of the Board 6. Tenure of office 7. Chairman 8. Procedure, etc., of the Board 9. Officers, agents, etc., of the Board 10. Contracts of the Board 11. Financial duties of the Board 12. Borrowing powers of the Board 13. Statutory Bodies (Accounts and Annual Reports) Act 14. Rules of the Board 15. Report of the Board PART II TOTALIZATORS AND TOTALIZATOR AGENCIES 16. Approval of totalizator agency scheme 17. Calculation of dividend 4 Laws of Malaysia A CT 494 Section 18. Special provisions relating to Singapore 19. Proportion of deduction from investment to belong to the Board 20. Distribution of funds of the Board PART III MISCELLANEOUS 21. Admission to race cources 22. Authority of totalizator operations and investments in accordance with approved scheme 23. Certain advertisements relating to totalizator agencies not unlawful 24. Laying of totalizator odds, etc., prohibited 25. Investment on totalizator after time of race prohibited 26. Power of arrest 27. Inspection of totalizators and totalizator agencies 28. Restriction on prosecution 29. Power to make regulations Racing (Totalizator Board) 5 LAWS OF MALAYSIA Act 494 RACING (TOTALIZATOR BOARD) ACT 1961 An Act to provide for the establishment of a Totalizator Board, the powers of such Board, the conduct of betting by agencies of such Board, and for matters incidental thereto. [Peninsular Malaysia—27 March 1961, L.N. 93/1961; Sabah, Sarawak and Federal Territory of Labuan—15 April 1992, P.U.(B) 165/1992] 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: Short title 1. This Act may be cited as the Racing (Totalizator Board) Act 1961. Interpretation 2. In this Act, unless the context otherwise requires— “approved scheme” means a scheme for the establishment and operation of totalizators and totalizator agencies for the time being approved by the Minister pursuant to section 16; “Board” means the Totalizator Board established by section 3; “horse race” includes a pony race; “Minister” means the Minister for the time being charged with the responsibility for the Board; 6 Laws of Malaysia A CT 494 “race course” means any land used for the purpose of a race meeting; “race meeting” means a meeting for the purpose of horse racing; “Senior Police Officer” means any police officer not below the rank of Assistant Superintendent, and includes any other public officer authorized by the Minister by notification in the Gazette to exercise the powers of a Senior Police Officer under this Act; “totalizator” means the instrument for wagering or betting known by that name, and any other instrument, device, machine or method of a like nature and conducted on the same principles, and includes a numbers forecast totalizator paying a fixed minimum dividend; “totalizator agency” means any totalizator agency operated in accordance with an approved scheme, and includes any premises in which totalizator investments may be received pursuant to such scheme; “totalizator investment” means any money, currency note or cheque received for investment on the totalizator or invested pursuant to any facilities provided under an approved scheme; “turf club” means any club, association or other body of persons (whether incorporated or unincorporated) established for the purpose of promoting, conducting and controlling the sport of horse racing. PART I THE TOTALIZATOR BOARD Establishment and incorporation of the Board 3. (1) There is hereby established a Board, which shall be a body corporate, by the name of the Totalizator Board. (2) The Board shall have perpetual succession and a common seal and may sue and be sued in its said name and, subject to and for the purposes of this Act, may enter into contracts and 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 Racing (Totalizator Board) 7 of or deal with any movable or immovable property or any interest therein vested in the Board upon such terms as the Board may think fit. Powers of the Board 4. The Board shall, subject to this Act, have the following powers— (a) the powers specified in any approved scheme; (b) power to conduct equine research and to establish, maintain and improve turf clubs, training centres for apprentices, jockeys, blacksmiths and others employed in connection with racing, and other places used in connection with racing; (c) power to carry on all other activities which appear to the Board requisite, advantageous or convenient for or in connection with the objects of this Act and their powers thereunder and for the improvement of racing generally in Malaysia. Constitution of the Board 5. (1) The Board shall consist of the following members, appointed by the Minister— (a) two members who shall be appointed upon the nomination of the governing body of the Selangor Turf Club; (b) two members who shall be appointed upon the nomination of the governing body of the Perak Turf Club; (c) two members who shall be appointed upon the nomination of the governing body of the Penang Turf Club; (d) members appointed pursuant to any order made under subsection (3); (e) two other members. (2) If at any time any of the bodies referred to in subsection (1) fails to submit to the Minister a nomination of a person or persons for the purposes of this section within twenty-eight days after the receipt of a request in writing from the Minister in that behalf the Minister may without such nomination appoint any person or persons to be a member or members of the Board, and the person or persons so appointed shall for all purposes be deemed to be duly appointed. 8 Laws of Malaysia A CT 494 (3) In the event of there being established in Malaysia any turf club additional to any of the turf clubs referred to in subsection (1) the Yang di-Pertuan Agong may by order provide for representation of such club upon the Board; and subsection (2) shall thereupon apply to the governing body of every such club. (4) The Minister of Finance may from time to time appoint a public officer to take part in the proceedings of the Board and any committee thereof, but such officer shall not have any vote in any such proceedings. Tenure of office 6. (1) The members of the Board shall, subject to this Part, be appointed to hold office for such term, not exceeding three years, as the Minister shall determine upon making the appointment. (2) A member of the Board shall be eligible for reappointment. (3) If any member of the Board— (a) is absent without the permission of the Board from four consecutive meetings of the Board; (b) becomes bankrupt or compounds with his creditors; (c) is convicted of any offence by a court of law in Malaysia and sentenced to imprisonment for a term of not less than one year, and has not received a free pardon; (d) becomes insane; (e) accepts or holds any office of profit under the Board or is directly or indirectly concerned in any contract with the Board or participates in or derives or is entitled to any benefit either directly or indirectly from any work done or to be done for or goods supplied to or to be supplied to the Board; (f) resigns; (g) dies; or (h) in the case of any member nominated by any of the bodies referred to in subsection 5(1), ceases to be a nominee of such body, his seat shall thereupon become vacant, and every such vacancy shall be deemed to be an extraordinary vacancy. Racing (Totalizator Board) 9 (4) On the occurrence of any vacancy in the office of a member of the Board a person shall be appointed pursuant to this Part to fill the vacancy; and any person appointed to fill an extraordinary vacancy shall, subject to this Part, hold office for the remainder of the term of office of the person in whose place he is appointed. Chairman 7. (1) The Chairman of the Board shall be appointed by the Minister from among the members of the Board and shall hold office for such period, not exceeding three years, as the Minister may direct. (2) The Chairman shall vacate his office as Chairman if he ceases to be a member of the Board. (3) Any vacancy occurring in the office of Chairman, otherwise than by effluxion of the period for which he was appointed, shall be filled by the appointment of a member of the Board for the balance of the term of office of the person in whose place he is appointed. (4) A person ceasing to be Chairman of the Board shall be eligible for re-appointment as Chairman. (5) At any meeting the Board— (a) held during any vacancy in the office of Chairman; or (b) at which the Chairman is not present, a person elected for that purpose from the members by the members present at the meeting shall act as chairman of the meeting and may exercise the powers conferred on the Chairman. Procedure, etc., of the Board 8. (1) The quorum of the Board shall be five members. (2) All questions at meetings of the Board shall be determined by a majority of the members personally present and voting; each member present shall be entitled to cast one vote, and in the event of an equality of votes the member presiding shall have a second or casting vote. 10 Laws of Malaysia A CT 494 (3) Members of the Board shall not be entitled to any remuneration but may be paid by the Board allowances in respect of such matters and at such rates as may from time to time be fixed by the Board with the approval of the Minister. (4) The Board may invite any person to attend meetings of the Board and to take part in proceedings of the Board, but such person shall not be entitled to cast a vote in such proceedings. Officers, agents, etc., of the Board 9. (1) The Board may appoint such officers, agents and employees as it deems necessary for the efficient carrying out of its functions under this Act. (2) Except in accordance with and subject to an approved scheme, the Board shall not make or agree to make to any officer, agent or employee of the Board any payment by way of commission, fee, reward or other remuneration which is calculated or determined or affected by reference, directly or indirectly, to the amount of any totalizator investment received by the Board or by that officer, agent or employee on behalf of the Board. (3) Subsections 26(1) and (2) of the Civil Law Act 1956 [Act 67] (which relate to agreements by way of gaming and wagering) shall not be deemed to apply to any contract or agreement between the Board and any officer, agent or employee of the Board. Contracts of the Board 10. (1) Any contract which, if made between private persons— (a) must be by deed shall, when made by the Board, be in writing under the common seal of the Board; (b) must be in writing signed by the parties to be charged therewith shall, when made by the Board, be either in writing under the seal of the Board or in writing signed by any person acting on behalf and under the express or implied authority of the Board; (c) may be made orally may, in the case of any c