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1 PART I PRELIMINARY-1. Short title.

This Act may be cited as the National Sports Council of Malaysia Act 1971 .

2 PART I PRELIMINARY-2. Interpretation.

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.

[Am. Act A460]

3 PART II COUNCIL-3. The Council.

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.

4 PART II COUNCIL-4. Functions of the Council.

(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 gener

5 PART II COUNCIL-5. Members of the council.

(1) The Council shall consist of the members specified in subsections (2) & (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;

(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) Par

6 PART III BOARD OF MANAGEMENT-6. Board of management.

(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.

[Sub. Act A460]

7A PART IV FEDERAL TERRITORY AND STATE SPORTS COUNCILS-7A. Power of Minister to make modification to provisions of Act.

(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.

[Ins. Act A460]

8 PART V ADMINISTRATION-8. Appointment of Director General and other servants of the Board.

(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:

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 Boar

9 PART VI FINANCE-9. Fund of the Council.

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;

(iv a ) all gifts, donations and bequests from individuals, companies, foundations and other sources; and

(v) all other sums or property

10 PART VI FINANCE-10. Borrowing powers.

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.

[Am. Act A460]

11 PART VI FINANCE-11. Investment.

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 manner as the Minister may approve:

Provided that the Board shall not make any investment in securities issued or registered or other properties situated outside Malaysia except with the approval of the Minister of Finance.

12 PART VI FINANCE-12. Estimates of expenditure.

(1) The expenses of the Board up to such amount as may be authorised by the Minister for any one year shall be defrayed out of the Fund.

(2) Before the beginning of September of each year, the Board shall submit to the Minister an estimate of the expenses (including those for development projects) for the following year in such form and with such particulars as the Minister may require; and the Minister shall before the beginning of November of that year notify the Board of the amount authorized for expenses generally or of the amount authorized for each description of expenditure.

(3) The Board may, at any time, submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.

13 PART VI FINANCE-13. Accounts and audit.

(1) The Board shall keep proper accounts and other records in respect of its operation and shall prepare 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 auditors appointed by the Board with the approval of the Minister.

(3) The accounts of the Board shall be audited within six months of the end of each financial year and within such period, the Board shall cause a copy of the statement of accounts in such manner as the Minister may require to be transmitted to the Minister, together with a copy of any observations made by the Auditor General or other auditors appointed under subsection (2) on any statement or on the accounts of the Board.

[Am. Act A460]

14 PART VII GENERAL-14. Annual report.

The Council shall not later than the 30 day of June of each year, cause to be made and transmitted to the Minister, a report dealing with the activities of the Council during the preceding year and containing such information relating to the proceedings and policy of the Council.

15 PART VII GENERAL-15. Regulations.

The Minister may make such regulations as may be expedient or necessary for prescribing anything required by this Act and for the better carrying out of the provisions of this Act.

16 PART VII GENERAL-16. Secrecy and penalty.

(1) Except for the purposes of this Act or of any criminal proceedings under this Act, no member, officer or servant of the Council shall disclose any information with respect to any individual business, which has been obtained by him in the course of his duties and which is not published in pursuance of this Act.

(2) Any member knowingly contravening subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year.

17 PART VII GENERAL-17. Penal Code.

The Director General and any officer or servant of the Council appointed under section 8 shall be deemed to be a public servant within the meaning of the Penal Code [ Act 574 ].

[Am. Act A460]

18 PART VII GENERAL-18. Protection against legal proceedings.

(1) No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the Council or Board or against the Director General, officer of the Council or Board or against any director, officer or servant appointed by the Board in respect of any act done or statement made bona fide in pursuance or execution or intended execution of this Act.

(2) Where any person is exempted from liability by reason only of the provisions of this section, the Council is liable to the extent that it would be if such person were a servant or agent of the Council.

19 PART VII GENERAL-19. Delegation by the Board.

The Board may, by an instrument in writing, delegate to any person or body such of its duties as may be necessary to be performed in or outside Malaysia:

Provided that any such person or body shall have no control over the Fund and shall act in all respects in accordance with the direction of the Board.

20 PART VII GENERAL-20. Directions by the Minister.

(1) The Minister may give to the Council or the Board such directions, not inconsistent with the provisions of this Act, as he may deem fit, as to the exercise and performance by the Council or the Board of its powers, duties and functions under this Act, and the Council or the Board shall give effect to all such directions.

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

21 PART VII GENERAL-21. Ineligibility for employment as officers of the Council.

(1) No person shall be eligible for employment as an officer or servant of the Council who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, for or on behalf of the Council.

(2) Any officer or servant appointed by the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.