PRELIMINARY
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SUBANG GOLF COURSE CORPORATION ACT 1968 (REVISED 2018) is Malaysia Act, cited as Act 810 1968, currently marked in force and first recorded in 1968.
Opening note
Part I
Short title
This Act may be cited as the Subang Golf Course Corporation
Act 1968.
Interpretation
“member” means a member of the Corporation appointed under section 6;
“revenue” includes—
grants, contributions, endowments, gifts or bequests made to or in favour of the Corporation;
any moneys and proceeds of the moneys raised under section 9;
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“Corporation” means the Subang Golf Course Corporation established under section 3.
Part II
Establishment of Corporation
The Corporation shall have perpetual succession and may sue and be sued in its name and may enter into contracts.
Common seal
Until a seal is provided under this section, a stamp bearing the inscription “Subang Golf Course Corporation” may be used as the common seal of the Corporation.
The seal of the Corporation shall when affixed to a deed, document or other instrument be affixed in the presence of and attested by the Chairman or Deputy Chairman and one other member.
Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed on behalf of the
Corporation by any person generally or especially authorized by the Corporation for that purpose subject to such restrictions as to the value or otherwise as may be imposed in such authorization.
Any deed, document or other instrument purporting to be duly executed or issued under the seal of the Corporation or on behalf of the Corporation shall, until the contrary is proved, be deemed to be so executed or issued.
Subang Golf Course Corporation 7
Powers of the Corporation
to establish, manage and maintain or cause to be managed and maintained any golf course for use in connection with golf or such other sports, games, recreation or pastimes, as the Corporation deems fit;
to acquire by purchase, gift or otherwise movable and immovable property and any interest therein, and to dispose of or otherwise deal with any movable or immovable property or any interest therein so acquired by the Corporation;
to erect any building on any immovable property of the Corporation or on any immovable property with respect to which any contract or arrangement has been made under paragraph (d) and lay out and prepare such property for any sports, games, recreation or pastimes which may suitably or conveniently be held thereon, to provide stands, pavilions, gymnasiums, refreshment rooms, shops, stalls, lavatories and such other amenities and conveniences in connection therewith as the Corporation deems fit;
to enter into any contract or arrangement by way of lease or otherwise with respect to any golf course or any building or amenities thereon or with respect to any property with any person, body of persons or any public authority subject to such terms and conditions as may be approved by the Minister;
to sell, lease or sublease or otherwise dispose of such land as may not be required for sporting activities upon such terms and conditions as may be approved by the
Minister;
to hold or promote any sports, games, athletics, recreation or pastimes, and to grant or contribute towards prizes, awards and distinctions;
to carry on the business of licensed victuallers and refreshment purveyors;
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with the approval of the Minister, to use or permit the use of any property of the Corporation for such purposes as the Corporation may determine in addition to the purposes which are referred to in this section;
to appoint such officers, agents and servants on such terms as to remuneration and otherwise as the Corporation may determine; and
with the approval of the Minister, to develop all such land as may not be required for golf course or other sporting or recreational activities for industrial or housing purposes or as parks, gardens or other social amenities;
and for the purpose of this paragraph the Corporation may enter into any contract or arrangement with any person, body of persons or public authority.
Without prejudice to the generality of subsection (1), the
Corporation shall be responsible for the management and control of the Subang Golf Course in accordance with this Act.
Membership of the Corporation
four persons appointed by the Minister by name or office, of whom at least one shall be the representative of the
Ministry of Youth and Sports, and one shall be the representative of the Treasury;
two persons appointed by the Minister on the nomination of the Menteri Besar of the State of Selangor; and
five persons appointed by the Minister being persons in the opinion of the Minister likely to contribute towards the promotion of the game of golf.
A Chairman and Deputy Chairman of the Corporation shall be appointed by the Minister from among the members.
Unless he sooner resigns his office by writing under his hand addressed to the Minister or his appointment is revoked in accordance with section 7, a member shall hold office for such term, not exceeding three years at any one time, as may be specified in the letter appointing him to be a member.
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A member shall, except as provided in section 7, be eligible for reappointment.
Vacation of office
If the Minister is satisfied that a member—
holds any office or appointment in which his duties or interests are likely to conflict with his duties or his interests to the Corporation;
having been appointed under paragraph 6(1)(c), has ceased in the opinion of the Minister to be eligible to be appointed under that paragraph;
has been absent from three consecutive meetings of the
Corporation without the permission of the Chairman;
is otherwise unable or unfit to discharge the functions of a member, he may revoke the appointment of the member.
Meetings
The Chairman or in his absence, the Deputy Chairman or in the absence of both of them, such member as the members present may elect shall preside at the meeting of the Corporation.
All questions arising at a meeting of the Corporation shall be decided by a majority of the members present and voting at that meeting and, in the case of an equality of votes, the person presiding at the meeting shall have a casting vote.
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A member present at a meeting of the Corporation shall, if he is in any way, directly or indirectly, pecuniarily interested in any contract, proposed contract or any other matter discussed at such meeting, declare the nature of his interest to the Corporation and shall not thereafter be present during the consideration or discussions of the matter and shall not vote on any question relating to the matter.
Part III
Revenues
The Corporation shall with the approval of the Minister of Finance have the power to borrow or raise moneys for the purpose of all or any of its functions.
The Government may make to the Corporation such grants or loans as it deems fit.
The Subang Golf Course Corporation Fund
The revenues of the Corporation for any financial year shall be applied in defraying the following charges for that year:
the maintenance and renewal of the property, and the discharge of the functions, of the Corporation properly chargeable to revenue.
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The amount remaining of the revenues of the Corporation for any financial year, after defraying the charges referred to in subsection (2), shall be applied in making good any deficiencies in the revenue carried forward from previous years, and the balance, if any, of that amount, after making good those deficiencies, shall as soon as may be after the end of the year be carried to a general reserve account.
Moneys standing to the credit of the general reserve account at the end of each financial year may be applied to the purposes of the Corporation.
Moneys of the Fund which are not required to be expended in the discharge of any of the functions of the Corporation shall, if invested, be invested by the Corporation in investments authorized by law for the investment of trust funds.
The Corporation shall not make any investment in securities issued or registered, or in other property situated, outside Malaysia except with the approval of the Minister of Finance.
Statutory Bodies (Accounts and Annual Reports) Act 1980
The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Corporation.
Part IV
Power to make rules
The Corporation may, subject to the approval of the Minister, make rules—
to regulate the proceedings of the Corporation, the calling of meetings and the transaction of business;
to allocate duties to, and to regulate the exercise of executive powers by, the Corporation, committees and the officers of the Corporation;
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to regulate the transaction of all business conducted with the management of any golf course;
to regulate the appointment and terms and conditions of service of officers and servants of the Corporation;
to prescribe the charges to be made for admission to a golf course managed or maintained by or on behalf of the Corporation; and
All members, officers and servants of the Corporation shall be deemed to be public servants within the meaning of the Penal
Code [Act 574].
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the
Corporation or against any member, officer, servant or agent of the Corporation in respect of any act, neglect or default done or committed by the Corporation or any member, officer, servant or agent of the Corporation in such capacity.
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(Revised—2018)
Particulars under paragraphs 7(ii) and (iii) of the
Revision of Laws Act 1968 [Act 1]
LIST OF AMENDMENTS
Amending law
Short title
In force from-NIL-LIST OF LAWS OR PARTS THEREOF SUPERSEDED
No.
Title
Act 509
Subang Golf Course Corporation Act 1968
Act 810
Act 810
(Revised—2018)
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from-NIL-Subang Golf Course Corporation 15
Act 810
(Revised—2018)
LIST OF AMENDMENTS MADE BY THE COMMISSIONER OF LAW
REVISION UNDER SECTION 6 OF THE REVISION OF LAWS ACT
1968 [ACT 1]
Provision
Particulars of amendment
Authority for amendment
Table of contents
Altered paragraph 6(1)(vii)
Enacting clause
Omitted subparagraph 6(1)(i)(f)
section 2
In the definition of
“member”, words “section 6”
substituted for “section 5”
paragraph 6(1)(xii)
In the definition of
“revenue”, divided into paragraphs (a), (b) and
with consequential alterations made in the definition of “revenue”
paragraphs 6(1)(xii),
n t e r p r e t a t i o n o f
“Corporation” inserted subparagraph 6(1)(iv)(a)
and paragraph 6(1)(xxiv)
Interpretation section arranged according to the
National Language text subparagraph 6(1)(iv)(a)
subsection 3(1)
Divided into subsections 3(1)
and 3(2) with consequential alterations made paragraphs 6(1)(xii),
Renumbered as section 4
paragraph 6(1)(xii)
In the shoulder note, words
“Common seal” inserted paragraphs 6(1)(iii)
and (xxiv)
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Provision
Particulars of amendment
Authority for amendment
and 4(2) with consequential alterations made paragraphs 6(1)(xii),
and (xxiv)
section 4
Renumbered as section 5
paragraph 6(1)(xii)
paragraph 4(1)(c)
Renumbered as paragraph 5(1)(c)
paragraph 6(1)(xii)
Comma after the word
“pastimes” omitted paragraph 6(1)(xvi)
paragraph 4(1)(d)
Renumbered as paragraph 5(1)(d)
paragraph 6(1)(xii)
Word “whatsoever” omitted paragraphs 6(1)(xxi)
and (xxiv)
paragraph 4(1)(i)
Renumbered as paragraph 5(1)(i)
paragraph 6(1)(xii)
Words “with the approval of the Minister, to use or permit the use of any property of the Corporation for such purposes as the
Corporation may determine in addition to the purposes which are referred to in this section;” substituted for
“with the approval of the
Minister to use or permit the use of any property of the Corporation for such purposes in addition to those hereinbefore referred to as it may determine;”
paragraphs 6(1)(xxi)
and (xxiv)
paragraph 4(1)(j)
Renumbered as paragraph 5(1)(j)
paragraph 6(1)(xvi)
Comma after the word
“servants” omitted paragraph 6(1)(xvi)
Words “the Corporation”
substituted for “it”
paragraphs 6(1)(xxi)
and (xxiv)
paragraph 4(1)(k)
Renumbered as paragraph 5(1)(k)
paragraph 6(1)(xvi)
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Provision
Particulars of amendment
Authority for amendment
“Minister” inserted paragraph 6(1)(xvi)
and (xxiv)
subsection 4(2)
Renumbered as subsection 5(2)
paragraph 6(1)(xii)
Comma after the words
“subsection (1)” inserted paragraph 6(1)(xvi)
section 5
In the shoulder note, word
“Membership” substituted for “Members”
paragraphs 6(1)(iii)
and (xxiv)
Renumbered as section 6
paragraph 6(1)(xii)
subsection 5(2)
Renumbered as subsection 6(2)
paragraph 6(1)(xii)
Words “A Chairman and
Deputy Chairman of the
Corporation shall be appointed by the Minister from among the members.”
substituted for “There shall be a Chairman and Deputy
Chairman of the Corporation who shall be appointed by the Minister from among the members.”
paragraphs 6(1)(xxi)
and (xxiv)
subsection 5(3)
Renumbered as subsection 6(3)
paragraph 6(1)(xii)
Words “Unless he sooner resigns his office by writing under his hand addressed to the Minister or his appointment is revoked in accordance with section 7, a member shall hold office for such term, not exceeding three years at any one time, as may be specified in the letter appointing him to be a member.”
substituted for “Unless he sooner resigns his office by paragraphs 6(1)(xxi)
and (xxiv)
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Provision
Particulars of amendment
Authority for amendment writing under his hand addressed to the Minister or his appointment revoked in accordance with section 6 a member shall hold office for such term (not exceeding three years at any one time)
as may be specified in the letter appointing him to be a member.”
subsection 5(4)
Renumbered as subsection 6(4)
paragraph 6(1)(xii)
Words “A member shall, except as provided in section 7, be eligible for reappointment.” substituted for “A member shall except as provided in section 6 be eligible for reappointment.”
paragraphs 6(1)(xvi),
In the shoulder note, words
“Vacation of” substituted for “Vacancy in”
paragraphs 6(1)(iii) and
Renumbered as section 7
paragraph 6(1)(xii)
paragraph 6(b)
Renumbered as paragraph 7(b)
paragraph 6(1)(xii)
Words “paragraph 6(1)(c),”
substituted for “paragraph 5(1)(c)”
paragraphs 6(1)(xvi)
and (xii)
section 7
In the shoulder note, word
“Meetings” substituted for “Procedure of the
Corporation”
paragraphs 6(1)(iii) and
Renumbered as section 8
paragraph 6(1)(xii)
subsection 7(2)
Renumbered as subsection 8(2)
paragraph 6(1)(xii)
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Provision
Particulars of amendment
Authority for amendment
Chairman or in the absence of both of them, such member as the members present may elect shall preside at the meeting of the Corporation.” substituted
“At all meetings of the
Corporation the Chairman or, in his absence the
Deputy Chairman or, in the absence of both of them, such member as the members present may elect, shall preside.”
paragraphs 6(1)(xvi),
Renumbered as subsection 8(3)
paragraph 6(1)(xii)
Words “All questions arising at a meeting of the Corporation shall be decided by a majority of the members present and voting at that meeting and, in the case of an equality of votes, the person presiding at the meeting shall have a casting vote.” substituted for “All questions arising at a meeting of the Corporation shall be decided by a majority of the members present and voting thereon at that meeting and, in case of equality of votes, the person presiding at the meeting shall have a casting vote.”
paragraphs 6(1)(xv),
Renumbered as subsection 8(4)
paragraph 6(1)(xii)
Comma after the words “any other matter” omitted paragraph 6(1)(xvi)
Words “to the matter”
substituted for “thereto”
paragraphs 6(1)(xxi)
and (xxiv)
subsection 8(1)
Renumbered as subsection 4(3)
paragraph 6(1)(xii)
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Provision
Particulars of amendment
Authority for amendment subsection 8(2)
Renumbered as subsection 4(4)
paragraph 6(1)(xii)
subsection 8(3)
Renumbered as subsection 4(5)
paragraph 6(1)(xii)
substituted for “FUNDS OF THE
CORPORATION”
paragraphs 6(1)(iii),
and (xxiv)
section 9
In the shoulder note, word
“Revenues” substituted for
“Revenues of the Corporation”
paragraphs 6(1)(iii) and
subsection 9(2)
Word “functions” substituted for “objects”
paragraphs 6(1)(xxi)
and (xxiv)
subsection 9(3)
Words “from time to time”
omitted subparagraph 6(1)(i)(h)
and paragraph 6(1)(xxiv)
section 10
In the shoulder note, words “The
Subang Golf Course Fund”
substituted for “Finances of the Corporation”
paragraphs 6(1)(iii),
and (xxiv)
subsection 10(1)
Words “A fund to be known as the
“Subang Golf Course Corporation
Fund” is established” substituted for “There shall be established a fund to be called the Subang
Golf Course Corporation Fund
(hereinafter referred to as “the
Fund”)”
paragraphs 6(1)(iii) and
paragraph 10(2)(a)
Word “the” before the word
“repayment” inserted paragraph 6(1)(xv)
paragraph 10(2)(b)
Word “the” before the word
“working” inserted paragraph 6(1)(xv)
Word “and” after semicolon inserted paragraph 6(1)(xv)
paragraph 10(2)(c)
Words “the maintenance and renewal of the property, and the discharge of the functions, of the
Corporation properly chargeable to revenue.” substituted for “the maintenance and renewal of the property of and the discharge of the functions of the Corporation properly chargeable to revenue.”
paragraphs 6(1)(xvi),
and (xxiv)
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Provision
Particulars of amendment
Authority for amendment subsection 10(5)
Words “for the time being”
omitted paragraphs 6(1)(xxi)
and (xxiv)
Full stop substituted for colon paragraph 6(1)(xvi)
subsection 10(5)
-Proviso
Rearranged and renumbered as subsection 10(6) with consequential alterations made paragraphs 6(1)(xii),
In the shoulder note, words “Statutory Bodies
(Accounts and Annual
R e p o r t s ) A c t 1 9 8 0 ”
substituted for “Statutory
Bodies (Accounts and
Annual Reports) Act”
paragraphs 6(1)(iii)
and (xxiv)
Words “provisions of the”
omitted paragraphs 6(1)(xxi)
and (xxiv)
section 12
Omitted paragraphs 6(1)(xxb)
and (xxiv)
section 13
In the shoulder note, words “Power to make rules” substituted for
“Corporation’s power to make rules”
paragraphs 6(1)(iii) and
Renumbered as section 12
paragraph 6(1)(xii)
paragraph 13(d)
Renumbered as paragraph 12(d)
paragraph 6(1)(xii)
Words “the management of”
after the words “conducted with” inserted paragraphs 6(1)(xv),
In the shoulder note, words
“Public servant” inserted paragraphs 6(1)(iii) and
Renumbered as section 13
paragraph 6(1)(xii)
section 14
In the shoulder note, words
“Public Authorities Protection
Act 1948” substituted for
“Application of Public
Authorities Protection Act”
paragraphs 6(1)(iii) and
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Provision
Particulars of amendment
Authority for amendment subsection 14(1)
Renumbered as section 14
paragraph 6(1)(xii)
Comma after the words
“[Act 198]” omitted paragraph 6(1)(xvi)
Words “by the Corporation or any member, officer, servant or agent of the Corporation”
substituted for “by it or him”
paragraphs 6(1)(iii) and
subsection 14(2)
Renumbered as section 13
paragraph 6(1)(xii)
KUALA LUMPUR
WJW011835 19-10-2018