NATIONAL SPORTS COUNCIL OF MALAYSIA ACT 1971

The functions of the Council shall be—

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 generality of the foregoing—

to engage or assist in the development of sports, and in the provision or improvement of sports facilities within Malaysia and outside Malaysia, where international co-operation can stimulate the development of sports in Malaysia;

with the approval of the Minister in consultation with the Minister of Finance, to enter into equity participation in the development of sporting enterprises, and the provision of sports facilities and attractions;

subject to the provision of any regulations made under section 15, to regulate standards to be maintained by sports enterprises;

to acquire, purchase, take on lease, hire, hold and enjoy movable and immovable property of every description and to convey, assign, surrender, and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with or to develop any movable or immovable property belonging to the

Council upon such terms as the Board deems fit;

to enter into any contract;

to receive, in consideration of the services rendered by it, such commission or payment as may be agreed upon;

to exercise all functions and powers and perform all duties which, under or by virtue of any other written law, may be vested or delegated to it; and

generally to do such acts as it thinks fit for the purpose of achieving any of the aforesaid objects.

Members of the Council

The Council shall consist of the members specified in subsections (2) and (3).

The Minister shall be the Chairman of the Council.

The other members of the Council shall be appointed by the Minister and shall consist of the following:

three representatives nominated by the Olympic Council of Malaysia;

one representative nominated by the Malaysian Schools

Sports Council;

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

not less than three but not more than five members appointed from amongst Ministries which the Minister considers necessary to be represented.

Part I of the First Schedule shall apply to the members of the Council.

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).

The members of the Board shall be appointed as follows:

At any meeting of the Board one third of the total membership of the Board shall constitute a quorum.

Part II of the First Schedule shall apply to members of the

Board.

There shall be established in the Federal Territory a

Federal Territory Sports Council and in every State a State Sports

Council in respect of which the provisions of the Second Schedule shall have effect.

All the provisions of this Act which refer or apply to a

State Sports Council shall, with such modification as the circumstances may require, be deemed to refer or apply to the

Federal Territory Sports Council.

Power of Minister to make modification to provisions of Act

The Minister may by order amend the First and Second

Schedules.

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:

The Board may appoint such other officers and servants as it may consider necessary for the efficient conduct of the affairs of the Council.

The Director General and other officers and servants of the

Board shall be responsible to the Board.

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 Board.

into which shall be paid—

such sums as may be provided from time to time by Parliament;

all other 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;

out of which shall be defrayed—

all expenditure (including capital expenditure)

incurred by the Board in carrying out its functions; and

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 029e.fm Page 11 Monday, March 27, 2006 2:29 PM

12

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.

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.

Accounts and audit

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.

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.

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.

Penal Code

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.

Delegation by the Board

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

Ineligibility for employment as officers of the Council

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.

FIRST SCHEDULE

if he dies;

if he ceases to be qualified;

if he becomes bankrupt, lunatic or of unsound mind;

if he absents himself from three consecutive meetings without leave of the

Council; or 029e.fm Page 14 Monday, March 27, 2006 2:29 PM

National Sports Council of Malaysia 15

in the event of his resignation being accepted by the Minister.

if he dies;

if he ceases to be qualified;

if he becomes bankrupt, lunatic or of unsound mind;

if he absents himself from three consecutive meetings without leave of the

Board; or

in the event of his resignation being accepted by the Minister.

to promote the general interest of sports in the state and in particular to provide adequate facilities for the advancement of all branches of sports at the State and District level;

to raise and administer any fund for the furtherance of the objectives of the

Council with the National Sports Council of Malaysia.

Functions of the Council 4.

The functions of the Council shall be—

to carry out the objects of the Council;

to establish District Sports Council to provide adequate facilities for the promotion of sports at District level;

to make recommendation to the State 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

to take all steps as are deemed necessary for the proper attainment of the objectives of the Council.

Powers of the Council 5.

The Council shall have power to do all things expedient or reasonably necessary or incidental to but without prejudice to the generality of the aforesaid rule—

to conduct surveys and investigation in respect of sports;

to require government departments, and governmental and non-governmental agencies dealing in sports to submit reports regarding their activities;

to engage or assist in the development of sports, and in the provision or improvement of sports facilities;

to acquire, purchase, take on lease, hire, hold and enjoy movable and immovable property of every description and to convey, assign, surrender and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with or to develop any movable or immovable property belonging to the Council upon such terms as the Council deems fit;

to enter into any contract;

to receive in consideration of the services rendered by it, such commission or payment as may be agreed upon; and

generally to do such acts as it thinks fit for the purpose of achieving any of the aforesaid objects.

Membership of the Council 6.

Membership shall be open to any State Sports Association or District Sports

Association within the State.

Members of the Council 7.

The Council shall consist of the following members:

*(a) a Chairman who shall be appointed by the Minister in consultation with the Menteri Besar or Chief Minister of the State;

**(b) two Deputy Chairman, who shall be appointed by the Menteri Besar or

Chief Minister of the State, one of them is the Secretary of the State

Government;

not less than three and not more than six persons who in the opinion of the

Chairman can contribute to the development and promotion of sports.

Members of the Council, except the Chairman shall be appointed by the

Minister, Menteri Besar or Chief Minister for a period of two years and may be reappointed.

Where any casual vacancy of the Council under subparagraphs (c) and (d)

arises, the appropriate authority in question shall appoint any person to fill the vacancy.

Where any casual vacancy of the Council under subparagraph (h) above arises, the Chairman shall appoint any person to fill the vacancy.

Meetings of the Council 8.

The Council shall meet at least once in every 3 months or more often as is considered necessary.

At least fourteen days notice in writing shall be given to members.

One third of the members of the Council present and entitled to vote at such meeting shall constitute a quorum.

Every member of the Council present shall be entitled to one vote.

In the event of an equality of votes the Chairman shall be entitled to a second or casting vote.

The Chairman shall chair all the meetings of the Council and of the

Committee. In the absence of the Chairman one of the Deputy Chairman shall become the Chairman of such meeting. In the absence of the Deputy Chairman, the members present shall elect one of their members to be chairman of that meeting.

Committee of Management 9.

The management of the affairs of the Council shall be vested in a Committee of Management which shall consist of—

*NOTE—In its application to the Federal Territory Sports Council is modified by substituted with “a representative from the Treasury;” – see [P.U.(A)367/1988].

**NOTE—In its application to the Federal Territory Sports Council is modified by substituted for the word “State” the words “Federal Territory” – see [P.U.(A)367/1988].

the Chairman;

the two Deputy Chairmen pursuant to paragraph 7(1)(b);

four members appointed under paragraph 7(1)(c);

two members appointed under paragraph 7(1)(d);

*(e) the Director of the State Education Department or his representative;

**(f) the State Finance Director or his representative;

*(g) the State Youth and Sports Director; and

not more than three other persons who in the opinion of the Chairman can contribute to the development and promotion of sports.

The committee shall meet at least once every 3 months and seven days notice in writing thereof shall be given to all members.

The Committee shall be responsible for the carrying out of the functions and administration of the affairs and business of the Council.

At any meeting of the Committee one third of the total membership of the

Committee shall constitute a quorum.

Any member of the Committee who absents himself from three consecutive meetings, either without satisfactory explanation or without leave of the Committee shall ipso facto cease to be a member thereof.

Where any vacancy arises in the Committee, the Committee shall appoint any person to fill the vacancy.

Administration of the Committee

The Committee may appoint such other officers and servants as it may consider necessary for the efficient conduct of the affairs of the Council.

*NOTE—In its application to the Federal Territory Sports Council is modified by substituted for the word “State” the words “Federal Territory” – see [P.U.(A)367/1988].

**NOTE—In its application to the Federal Territory Sports Council is modified by substituted with “the representative from the Treasury;” – see [P.U.(A)367/1988].

The Director and other officers and servants of the Council shall be responsible to the Committee.

The Director, officers and servants of the Council shall hold office for such period, receive such salaries and allowances and be subject to such condition of service as may be determined by the Committee.

Finance Fund

into which shall be paid—

*(i) such sums as may be provided from time to time by the State

Authority;

**(ii) all moneys earned by the operation of any project, scheme or enterprise financed from the Fund;

all gifts, donation and bequests from individuals companies, foundation and other sources;

out of which shall be defrayed—

all expenditure incurred by the Council in carrying out its functions;

and

The Director shall be responsible for the custody of all funds of the Council which shall be deposited with a bank approved by the Chairman.

All cheques drawn on the Account of the Council shall be signed by the

Director and officers approved by the Committee.

The Financial Year of the Council shall be from the 1st January to the 31st

December.

Account and audit

The accounts of the Council shall be audited annually by the Auditor

General or his representative, State Auditor or auditors appointed by the Council with the approval of the Minister, Menteri Besar or Chief Minister of the State.

The accounts of the Council shall be audited within six months of the end of each financial year and within such period the Committee shall cause a copy of the statement of accounts in such manner as the Minister, Menteri Besar or Chief

Minister of the State may require to be transmitted to them, together with a copy of any observation made by the State Auditor or auditors appointed by the Committee.

Annual report

Any member knowingly contravening the above paragraph (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.

Penal Code