MALAYSIA TOURISM PROMOTION BOARD ACT 1992

This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

Any reference in this Act to “this Act” shall, unless otherwise expressly stated, be deemed to include a reference to any regulations, rules, order, notification or other subsidiary legislation made under this Act.

to stimulate and promote tourism to and within

Malaysia;

to stimulate, promote and market, internationally and locally, Malaysia as a tourist destination;

to coordinate any marketing or promotion activity in relation to tourism conducted by any government department or governmental or non-governmental agencies or organizations; and

to make recommendations to the Minister as to the methods, measures and programmes to be adopted to facilitate and stimulate the development and promotion of the tourism industry in Malaysia and where approved by the

Minister, to implement or assist in the implementation of the methods, measures and programmes in question.

The Board shall have power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions, and in particular, but without prejudice to the generality of the foregoing—

a Chairman;

a Deputy Chairman;

the Director General; and

not less than six but not more than ten members of whom—

at least four shall be persons who are connected with any tourism enterprise but shall not hold any public office;

The Minister shall appoint the Chairman and the Deputy

Chairman from amongst persons who in the opinion of the Minister has had extensive experience in tourism enterprises or in other fields of activities which is of great service to the development of tourism.

The Board may delegate any of its functions and powers to the Chairman.

The provisions of the Schedule shall apply to the Board.

Public Authorities Protection Act 1948

The Board shall, not later than the 30th day of June of each year, cause to be made and transmitted to the Minister a report dealing with the activities of the Board during the preceding year and the report shall contain such information relating to the proceedings and policy of the Board as the Minister may from time to time specify.

The Board shall—

The Director General shall, subject to the direction of the Board on matters of policy, be charged with the day to day administration and management of the affairs of the Board.

The Director General shall be responsible to the Chairman acting on behalf of the Board.

The Director General shall have the general control of the Deputy Director Generals, Directors and other officers and servants of the Board.

The Board may, with the approval of the Minister, vest the

Director General, the Deputy Director Generals and the Directors with such powers and impose upon them such duties as may be determined by the Board.

The Director General, Deputy Director Generals and

Directors shall perform such further duties as the Board may from time to time direct.

If the Director General is temporarily absent from Malaysia or is temporarily incapacitated through illness or for any other sufficient reason from the performance of his duties, the Board may direct any Deputy Director General to perform his duties during such temporary absence or incapacity.

Ineligibility for appointment

The regulations made under this section may include provisions for—

The regulations made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Board may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank.

The regulations made under this section shall, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for representations to be made by the person against whom the disciplinary proceedings are taken before a decision is arrived at by the Board on the disciplinary charge laid against such person.

The Fund shall consist of—

paying any expenditure lawfully incurred by the Board, including legal fees and other fees and costs, and the remuneration of officers and servants appointed and employed by the Board, including superannuation allowances, pensions and gratuities;

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paying any other expenses, costs or expenditure properly incurred or accepted by the Board in the performance of its functions or the exercise of its powers under section 4;

purchasing or hiring equipment, machinery, stores and any other materials, acquiring land and erecting buildings, and carrying out any other works and undertakings in the performance of its functions or the exercise of its powers under section 4;

repaying any monies borrowed under this Act and the interest due thereon; and

generally, paying any expenses for carrying into effect the provisions of this Act.

Expenditure and preparation of estimates

Before the beginning of September of each year, the Board shall submit to the Minister an estimate of the expenditure for the following year in such form and containing such particulars as the Minister may direct; and the Minister shall, before the beginning of the following year, notify the Board of the amount authorized for expenditure generally or the amounts 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.

Statutory Bodies (Account and Annual Reports) Act 1980

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

Power to make regulations

Without prejudice to the generality of subsection (1), regulations may be made for—

Regulations under this section—

Every person who immediately before the appointed day was employed as an officer or servant of the Corporation shall on that day be deemed to be employed as such officer or servant, as the case may be, of the Board upon the same terms and conditions of service as before the appointed day.

All disciplinary proceedings which, immediately before the appointed day, were pending against any officer or servant of the

Corporation on or after that day, may be continued against the officer or servant by the appropriate authority of the Board.

Transfer of fund, assets, property, rights, liabilities and obligations

All assets, property, rights, liabilities and obligations which immediately before the appointed day were those of the

Corporation shall as from that day devolve on the Board.

Construction

in the case of matters relating to licensing or registration, the Commissioner of Tourism; and

in any other case, the Board.

Continuance of laws, etc.

Any application for a licence or certificate of registration, approval or consent, or for any purpose whatsoever, or any appeal, made by any person to the Minister or the Corporation before the appointed day, and pending immediately before such day, shall, if there is a corresponding provision under this Act or the

Tourism Industry Act 1992 be dealt with as if made under that provision, and if there is no such corresponding provision, such application or appeal shall lapse on the appointed day.

Any licence or certificate of registration granted under the repealed Act shall be deemed to be a licence or certificate of registration granted under the Tourism Industry Act 1992 and shall remain valid for a period of six months from the appointed day and be subject to the provisions of the said Act applicable to a licence or a certificate of registration or any other condition, limitation or restriction that may be imposed as if it were a licence or certificate of registration granted under that Act.

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All transactions or dealings lawfully entered into or executed, and all business lawfully done, under or in accordance with the repealed Act by any person who is licensed or registered or deemed to be licensed or registered under the Tourism Industry Act 1992, shall be deemed to have been lawfully and validly entered into, executed or done, under and in accordance with the Tourism

Industry Act 1992, and accordingly any right or liability under such transaction, dealing or business existing immediately before the appointed day, shall be deemed to continue to be lawful and valid under the Tourism Industry Act 1992.

Existing contracts

Any proceedings, whether civil or criminal, or cause of action pending or existing immediately before the appointed day by or against the Corporation may be continued or instituted by or against the Board or the Commissioner of Tourism, as the case may be, as it might have been by or against the Corporation as if this Act or the Tourism Industry Act 1992 had not been passed.

Any appeal brought or any leave to appeal applied on or after the appointed day against a decision given in any legal proceedings before that day may be brought by or against the

Board or the Commissioner of Tourism, as the case may be, as it might have been brought by or against the Corporation as if this

Act or the Tourism Industry Act 1992 had not been passed.

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Prevention of anomalies

In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, variations, alterations and non-application of any provision of this Part.