"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;

[Rectification: PU(A)71/2003 - Applies to the 2001 Reprint Version incorporating all the amendments up until 30 April 2001]

  "disciplinary committee"  means the disciplinary committee of the Board referred to in section 18A(2);

  "financial year"  means a period of twelve months ending on the 31st day of December;

  "Fund"

3 PART II THE BOARD-3. Establishment of the Board of Control of the Dewan Bahasa dan Pustaka.

(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.

4 PART II THE BOARD-4. Constitution of the Board.

(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.

(3) The Board

5 PART II THE BOARD-5. Objects.

(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;

(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 pronounciation, 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.

6 PART II THE BOARD-6. Duties of the Board.

(1) It shall be the duty of the Board to formulate and implement policies in the carrying out of its objects.

(2) (Deleted).

6A PART II THE BOARD-6A. Board to be sole co-ordinating authority.

The Board shall be the sole co-ordinating authority pertaining to composing, devising and standardising of terminoiogies in the national language.

6B PART II THE BOARD-6B. Delegation.

(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

(b) shall not prevent the Board from itself performing the duty or exercising the power so delegated where it appears expedient to do so.

7 PART II THE BOARD-7. General Powers of the Board to enter into contract, etc.

(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 section 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

7A PART II THE BOARD-7A. Powers of the Board to transfer or dispose of activity or duty.

(1) The Board may, in relation to the carrying out of its object under section 5(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).

8 PART II THE BOARD-8. Common seal.

(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 authorised 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 use

9 PART II THE BOARD-9. Quorum.

(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.

(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.

10 PART II THE BOARD-10. Procedure of the Board.

(1) Subject to the provisions of this Act, the Board may make standing orders regulating its own procedure generally and in particular regarding the holding of meetings, the notice to be given of such meetings, the proceedings thereat, the custody, production and inspection of the minutes thereof and the opening, keeping, closing and audit of accounts.

(2) The Board shall meet at least once in the first and third quarter of each year for the purpose of considering, in addition to any other business of which due notice shall be given, a report of the work of the Board during the half year ending on the thirty-first day of December and the thirtieth day of June, as the case may be, immediately preceding such quarter.

11 PART II THE BOARD-11. Appointment and procedure of committees.

(1) The Board may appoint one or more committees as it thinks fit to assist it in performing its duties and exercising its powers on any matter arising out of or connected with any of its duties and powers under this Act.

(2) Subject to this Act, and to any directions given by the Board, a committee may regulate its own procedure.

(3) A committee may, after consultation with the Board, invite any one or more persons to attend any particular meeting of the committee for the purpose of assisting or advising the committee, but such invited person shall have no right to vote.

(4) A committee shall conform to any instructions from time to time given to it by the Board and the Board may, at any time, discontinue or alter the constitution of the committee so appointed.

11A PART II THE BOARD-11A. Appointment and procedure of sub-committees.

(1) Subject to such limitations, restrictions or conditions as may be prescribed by the Board, a committee may appoint one or more sub-committees to assist it in performing its duties and exercising its powers.

(2) Subject to this Act, and to any directions given by the committee, a sub-committee may regulate its own procedure.

(3) A sub-committee may, after consultation with the committee and with the approval of the Board invite any one or more persons to attend any particular meeting of the sub-committee for the purpose of assisting or advising the sub-committee, but such invited person shall have no right to vote.

(4) A sub-committee shall conform to any instructions from time to time given to it by the committee and the committee may, at any time, discontinue or alter the constitution of the sub-committee so appointed.

11B PART II THE BOARD-11B. Remuneration or allowance.

Where any person not being a member, officer or servant of the Board is invited to attend a meeting of the Board, any committee or sub-committee for the purpose of giving assistance or advice under section 9(3), 11(1) or 11A(1) the Board may by resolution declare the remuneration or allowance of such person, and such sums shall be payable out of the Fund.

12 PART II THE BOARD-12. Expenses payable to members of the Board.

There may be paid to each member of the Board out of the Fund such travelling, lodging or other out of pocket expenses as may be incurred by him on the business of the Board as the Board may from time to time determine subject to such limits and conditions as the Minister may prescribe.

13 PART II THE BOARD-13. Disclosure by member of the Board of interest in transaction with the Board and disqualification of such a member from voting.

(1) Any member who has or acquires, directly or indirectly by himself, his partner or agent-

(a) any share or interest-

(i) in any contract made with, or work done for, the Board, or

(ii) in any company or firm with which, or with any person with whom, or in respect of any undertaking with which, the Board proposes to enter into any contract; or

(b) any beneficial interest in land proposed to be acquired, purchased, leased or otherwise dealt in by the Board or which he knows to be affected, or is likely to be affected by any project, scheme or enterprise approved or proposed to be approved by the Board,

shall declare the nature and extent of his share or interest to the Board.

(2) The declaration required to be made by a member by subsection (1) shall be made at a meeting of the Board at which any question relating to such contract, a

14 PART II THE BOARD-14. Powers of the Minister in relation to the Board.

(1) The Minister may give to the Board directions of a general character not inconsistent with the provisions of this Act as to the exercise and performance of its duties and functions in relation to matters which appear to him to affect the interests of Malaysia and the Board shall give effect to all such directions.

(2) The Board shall furnish the Minister with such returns, accounts and other information with respect to the property and activities of the Board as he may from time to time require.

(3) The Minister may at his discretion at any time appoint a committee of enquiry to investigate the affairs of the Board and such committee shall submit its report to the Minister.

15 PART II THE BOARD-15. Disposal of capital assets.

The power conferred on the Minister by section 14 to give directions to the Board shall extend to the giving of directions-

(a) as to the disposal of capital assets; or

(b) as to the application of the proceeds of such disposal notwithstanding that the directions may be of a specific character:

Provided that no such direction shall, so long as any sum borrowed by the Board in accordance with the provisions of this Act remains outstanding, be given except with the concurrence of the Minister of Finance.

16 PART III ADMINISTRATION, DISCIPLINE AND FINANCE Administration-16. Appointment of officers and servants.

The Board may-

(a) with the approval of the Minister, appoint on such terms and conditions as the Board and the Minister may think fit an executive officer who shall be called the Director General; and

(b) appoint on such terms and conditions as it may think fit such other officers and servants as may be necessary for the purpose of this Act.

16A PART III ADMINISTRATION, DISCIPLINE AND FINANCE Administration-16A. Duties of the Director General.

The Director General shall, subject to the direction and control of the Board, be responsible for-

(a) the day to day administration and management of the affairs of the Board;

(b) the preparation of programmes, schemes, projects and activities of the Board;

(c) the execution of all programmes, schemes, projects and activities of the Board;

(d) keeping the Board fully informed of the progress of the programmes, schemes, projects and activities of the Board;

(e) the issue of policy guidance or elucidation of the decisions of the Board to officers and servants of the Board;

(f) implementing the policy decisions of the Board; and

(g) the supervision and control over the implementation of the decisions of the Board.

17 PART III ADMINISTRATION, DISCIPLINE AND FINANCE Administration-17. Control of officers and servants.

The officers and servants of the Board shall be under the administrative control of the Director General and, subject to any regulations made under section 27, the power of appointing, promoting, reducing or granting leave to the officers and servants of the Board shall be exercised by the Board after consultation with the Director General.

18 PART III ADMINISTRATION, DISCIPLINE AND FINANCE Administration-18. Power to employ agents.

The Board may employ and pay agents and technical advisers, whether advocates and solicitors, bankers, stockbrokers, surveyors or valuers or other persons, to transact any business or to do any act required to be transacted or done in the execution of the powers and duties of the Board or for the better carrying into effect the purposes of this Act, and may pay from the Fund all charges and expenses so incurred.

18A Discipline-18A. Disciplinary committees.

(1) The Board shall have disciplinary authority over all its officers and servants and shall exercise disciplinary control in respect of all such persons in accordance with this Act and any regulations made under section 18B.

(2) For the purposes of this section-

(a) there shall be established a disciplinary committee of the Board in respect of the Director General consisting of-

(i) the Chairman, who shall be the chairman of the Committee; and

(ii) two members of the Board to be appointed by the Board; and

(b) the Board may, by notification in the Gazette, establish different disciplinary committees for different categories of officers or servants of the Board.

(3) The following shall apply to any disciplinary committee established pursuant to subsection (2)(b):

(a) such committee shall consist

18B Discipline-18B. Power to make disciplinary regulations.

(1) The Board may, with the approval of the Minister, make such regulations as it deems necessary or expedient to provide for the discipline of the Director General, officers and servants of the Board.

(2) The disciplinary regulations made under this section-

(a) may create disciplinary offences;

(b) may provide for disciplinary punishments as the Board may deem appropriate, and the punishments may extend to forfeiture of emoluments, deferment of salary movement, reduction of salary, reduction in rank and dismissal; and

(c) shall provide for an opportunity to the person against whom disciplinary proceedings are taken to make representations against the disciplinary charge laid against him before a decision is arrived at by the disciplinary committee except in the following cases:

[Rectification: PU(A)71/2003 - Applies to the 2001 Reprint Version incorporat

19 Finance-19. Establishment of Fund.

(1) For the purposes of this Act there is hereby established a Fund to be known as the Dewan Bahasa dan Pustaka Fund which shall be administered and controlled by the Board.

(2) The Fund shall consist of-

(a) such sums as may be provided as a grant from time to time by Parliament;

(b) such sums as may from time to time be lent to the Board by the Government of Malaysia;

(c) monies earned by the operation of any project, scheme or enterprise financed from the Fund;

(d) all 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;

(e) any voluntary gift to the Board or to the Dewan Bahasa dan Pustaka.

(3) The charges on any amount which may be allocated to the Board from loan funds shall be met by the Board.

20 Finance-20. Duty of Board to conserve the Fund.

It shall be the duty of the Board to conserve the Fund by so exercising and performing its functions and duties under this Act as to secure that the total revenues of the Board are sufficient to meet all sums properly chargeable to its revenue account including, without prejudice to the generality of that expression, provisions in respect of its obligations under section 19(3), depreciation and interest on capital taking one year with another.

21 Finance-21. Fund to be deposited with a bank.

The Fund may be placed on deposit with a bank in Malaysia holding a valid licence under the provisions of the Banking Act, 1958*, or invested in the securities of the Government of Malaysia or such other securities as may be approved in writing by the Minister of Finance.

*[Now the Banking and Financial Institutions Act 1989 (Act 372)]

22 Finance-22. Expenses to be paid from the Fund.

In addition to the provisions of sections 11B, 12, 18 and 19(3), the Board may apply the Fund-

(a) for the payment of any expenses lawfully incurred by it and the remuneration of any officer or servant employed by the Board, including superannuation allowances, pensions or gratuities;

(b) for the payment of any other expense, cost or expenditure properly incurred or accepted by it in the exercise of the powers conferred on the Board by this Act;

(c) for the making of loans to officers and servants of the Board for the purpose of acquiring means of conveyance for their personal use;

(d) for the making of loans to officers and servants of the Board for the purpose of acquiring, building or purchasing houses for their accommodation or that of their families or for the purpose of repairing their houses; and in every case where the Board is making loans to its officers and serv

23 Finance-23. Annual Estimates.

(1) The Chairman shall, not later than one month before the commencement of each financial year, lay before the Board an estimate of the Board's revenue and expenditure, including capital expenditure, for the ensuing year in such detail and form as the Board may require.

(2) A copy of such estimate shall be sent to each member of the Board not less than fourteen days prior to the meeting before which the estimate is to be laid.

(3) The Board shall consider the estimate so submitted and shall sanction the same either unaltered or subject to such alterations as it thinks fit.

(4) Such estimate as sanctioned by the Board shall be submitted to the Minister who may, at any time within one month after receipt of the same, disallow such estimate, or any portion thereof, and return the same for amendment.

(5) The Board shall, if the estimate is so returned by the Minister, forthwith proceed to amend the same, and shall re-submit

24 Finance-24. Accounts and audit.

(1) The Board shall keep or shall cause to be kept proper accounts and other records in respect of its operations and shall cause to be prepared statements of accounts in respect of each financial year.

(2) The accounts of the Board shall be audited annually by the Auditor General or other auditor appointed by the Board with the approval of the Minister.

(3) After the end of each financial year, as soon as the accounts of the Board shall have been audited, the Board shall cause a copy of the statement of accounts to be transmitted to the Minister, together with a copy of any comments made by the Auditor General or other auditor appointed under subsection (2) on any statement or on the accounts of the Board.

(4) The Minister shall cause a copy of every such statement and comments to be laid on the table of the Dewan Rakyat.

24A Finance-24A. Imposition of surcharge.

(1) A person who is or was in the employment of the Board may be surcharged if it appears to the Board that the person-

(a) has failed to collect any moneys owing to the Board for the collection of which he is responsible;

(b) is or was responsible for any improper payment of moneys from the Fund or for any payment of moneys which is not duly approved;

(c) is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the Board;

(d) being or having been an accounting officer, fails or has failed to keep proper accounts or records; or

(e) has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Fund to any person to whom the payment is due under any contract, agreement or arrangement entered into between that person a

24B Finance-24B. Notification of surcharge.

The Board shall notify the person surcharged in respect of any surcharge made under section 24A(3).

24C Finance-24C. Withdrawal of surcharge.

Notwithstanding section 24A(3) and section 24B, the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Board shall at once notify the person of such withdrawal.

24D Finance-24D. Recovery of surcharge.

The amount of any surcharge made under section 24A(3) and not withdrawn under section 24c shall be a debt due to the Board from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the Board and may also if the Board directs be recovered by deduction-

(a) from the salary of the person surcharged; or

(b) from the pension of the person surcharged,

by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of that person.

25 PART IV GENERAL-25. Annual Report.

(1) The Board shall, not later than thirtieth day of April in each financial, year, cause to be made and transmitted to the Minister a report dealing with the activities of the Board, during the preceding, financial year and containing such information relating to the proceedings and policy of the Board as the Minister may from time to time direct.

(2) The Minister shall cause a copy of every such report to be laid on the table of the Dewan Rakyat.

25A PART IV GENERAL-25A. Public servants.

In the performance of their duties and the exercise of their powers, all members, the Director General, officers and servants of the Board shall be deemed to be public servants within the meaning of the Penal Code.

26 PART IV GENERAL-26. Public Authorities Protection.

The Public Authorities Protection Act, 1948 shall apply to any action, suit, prosecution or proceeding against the Board or against 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.

27 PART IV GENERAL-27. Power to make regulations.

The Board may, with the approval of the Minister, for the carrying into effect the provisions of this Act, and in particular, but without prejudice to the generality of the foregoing, with respect to the following matters:

(a) regulating the manner in which documents, cheques and instruments of any description shall be signed or executed on behalf of the Board or any corporation;

(b) regulating the responsibilities and control of officers and servants of the Board;

(c) regulating the circumstances in which members of the Board and the officers and servants of the Board may receive travelling and subsistence allowances and fixing the rates of such allowances;

(d) imposing fees in such cases as may be determined by the Board;

(e) providing procedure for the control and management of the Fund;

(f) generally for the exercise of their powers an

28 PART IV GENERAL-28. Power to make rules.

(1) The Board may, with the approval of the Minister make rules for or in respect of salaries, allowances (except those subject to any regulations made under section 27) and conditions of service of its officers and servants or a pension, gratuity, superannuation or provident fund scheme for such officers and servants.

(2) Rules made under this section may provide-

(a) for the establishment and management of such pension, gratuity, superannuation or provident fund scheme; and

(b) for the transfer into that fund or scheme of contributions or parts of such contributions paid into any other provident fund or fund in anticipation of the establishment of the fund under this section.

(3) The following provisions shall apply to any rules made under this section:

(a) no donation, contribution, gratuity, allowance or other payment payable under such rules,