*NATIONAL VISUAL ARTS DEVELOPMENT BOARD ACT 2011

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

8 Laws of Malaysia ACT 724

Interpretation

The Board shall have perpetual succession and a common seal.

The Board may sue and be sued in its name.

Subject to and for the purposes of this Act, the Board may, upon such terms as it deems fit—

to make recommendations to the Minister as to the policies, methods, measures and strategies to be adopted to promote, nurture and facilitate the development of visual arts in Malaysia;

to establish, operate and maintain the Gallery;

to purchase or acquire any works of visual arts;

to preserve the visual arts objects in the Gallery;

to maintain the standard and quality of the visual arts;

to provide assistance in monetary term or otherwise to visual arts operators in Malaysia;

10 Laws of Malaysia ACT 724

to initiate activities either with or without the participation of visual arts operators towards the advancement of visual arts development in Malaysia;

to promote, assist and co-ordinate the activities of visual arts operators;

to provide support, including, but not limited to, financial support, advice and information, to any person, organization or institution towards the advancement of visual arts development in Malaysia;

to conduct activities for the purpose of stimulating public interest in visual arts, promoting knowledge, appreciation and practice of the visual arts and improving standards in such art; and

to act in any capacity or role towards the advancement of visual arts development Malaysia.

Powers of the Board

to employ consultants, appoint agents and attorneys;

to hold any works of visual arts upon trust;

to provide training schemes and facilities, to control and supervise the implementation of training projects and programmes relating to the development or advancement of visual arts in Malaysia;

to employ such number of officers and servants on such terms and conditions as the Minister may approve;

to manage and control the Gallery and for that purpose may employ such number of officers and servants to run

Nasional Visual Arts Development Board 11

the Gallery, on such terms and conditions as the Minister may approve;

to impose fees or any other charges it deems fit in respect of any entrance to any exhibition held at the Gallery or any other services rendered by the Gallery;

to lend any object belonging to the Gallery to any gallery, museum or exhibition on such terms and subject to such conditions as the Board thinks fit:

Provided that the approval in writing of the Minister shall first be obtained if such gallery, museum or exhibition is outside Malaysia;

with the written consent of the Minister, and subject to any restrictions which the Minister may impose, to invest, borrow money or charge any movable or immovable property or any interest therein vested in the

Board, upon such terms and conditions as the Board thinks fit;

to make available services in relation to the visual arts including the carrying out of investigations and the giving of advice; and

to do all things reasonably necessary for the performance of its duties under this Act.

Without prejudice to the generality of subsection (1) the

Board, subject to any directive made by the Minister from time to time, shall have power to participate and promote participation in international collaborative projects, the participation whereof appears to it to be requisite, advantageous or convenient for or in connection with the performance of its functions under this Act.

Membership of the Board

a Chairman to be appointed by the Minister;

the Secretary General of the Ministry charged with the responsibility for the development of visual arts, or his representative;

the Secretary General of the Ministry charged with the responsibility for finance, or his representative; and

not less than five but not more than ten other members to be appointed by the Minister of which half shall be practising artists or academics in the visual arts field who in the opinion of the Minister, would be able to contribute to the development of visual arts.

A member of the Board appointed by the Minister shall, unless his appointment is sooner revoked or he sooner resigns, hold office for a term not exceeding three years as the Minister may determine and is eligible for reappointment.

Members of the Board shall be paid such allowances as the

Minister may determine.

The provisions of the Schedule shall apply to the Board.

Revocation of appointment and resignation

A member appointed by the Minister may at any time resign his office by giving a written notice addressed to the Minister.

Vacation of office

he dies;

there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

he becomes a bankrupt;

he is of unsound mind or is otherwise incapable of discharging his duties;

he absents himself from three consecutive meetings of the Board without leave of the Chairman or in the case of the Chairman, without leave of the Minister;

his resignation is accepted by the Minister; or

his appointment is revoked by the Minister.

Temporary exercise of functions of Chairman

A member appointed under subsection (1) shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman.

14 Laws of Malaysia ACT 724

Where any person ceases to be a member of the Board by reason of any of the provisions of this Act, another person shall be appointed in his place in accordance with the provisions applying.

Common seal

Until a seal is provided by the Board, a stamp bearing the words “National Visual Arts Development Board” may be used and shall be deemed to be the common seal of the Board.

The common seal shall be kept in the custody of the Director

General or such other person as may be authorized by the Board, and shall be authenticated by the Director General or such authorized person or by any officer authorized by either of them in writing; and all deeds, documents and other instruments purporting to be sealed with that seal, authenticated as specified in this subsection, shall, until the contrary is proved, be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the Board, and any such document or instrument may be executed on behalf of the Board by any officer or servant of the Board generally or specially authorized by the Board in that behalf.

The common seal of the Board shall be officially and judicially noticed.

Power to establish companies

A person delegated with such powers shall be bound to observe and have regard to all conditions and restrictions imposed by the Board and all requirements, procedures and matters specified by the Board.

Any function or power delegated under this section shall be performed or exercised in the name and on behalf of the Board.

A delegation under this section shall not preclude the Board itself from performing or exercising at any time any of the delegated functions or powers.

Power of Minister to give directions and require information

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

16 Laws of Malaysia ACT 724

Meetings and procedures of the Board

The Chairman of the Board or the person appointed to exercise the functions of the Chairman pursuant to subsection 9(1)

shall preside at any meeting of the Board.

If at any meeting of the Board neither the Chairman nor the person appointed to exercise the functions of the Chairman pursuant to subsection 9(1) is present, the members present shall elect one of their members to be the chairman of the meeting.

Every question at a meeting of the Board shall be determined by a majority of the votes of the members present, and in the case of an equality of votes, the chairman of the meeting shall have a casting vote.

The Board may act notwithstanding one or more vacancies among its members.

Subject to this Act, the Board may determine its own procedure.

The quorum for a meeting of the Board shall be five.

Secretary to the Board

The Board may elect any of its members to be the chairman of a committee.

The Board may appoint any person to be a member of any committee established under subsection (1).

A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.

The Board may at any time revoke the appointment of any member of a committee without assigning any reason for the revocation.

A member of a committee may at any time resign by giving notice in writing to the Chairman of the Board.

A committee may regulate its own procedure.

A committee shall be subject to and act in accordance with any direction given to the committee by the Board.

The Board may at any time discontinue or alter the constitution of a committee.

Meetings of a committee shall be held at such times and places as the chairman of the committee may determine.

A committee shall cause—

Any minutes made of a meeting of a committee shall, if duly signed, be admissible in evidence in all legal proceedings without further proof.

18 Laws of Malaysia ACT 724

Every meeting of a committee in respect of the proceedings of which minutes have been made in accordance with subsections

and (12) shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

A committee may invite any person to attend any of its meetings, for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.

Members of a committee or any person invited to attend any meeting of a committee may be paid such allowances and other expenses as the Board may determine.

No act done or proceeding taken under this Act shall be questioned on the ground of—

The terms and conditions of appointment of the Director

General shall be determined by the Minister.

If the Director General is temporarily absent from Malaysia or is temporarily incapacitated through illness or for any other reason from the performance of his duties, the Board may direct any other

Nasional Visual Arts Development Board 19

officer to perform the duties of the Director General during his temporary absence or incapacity.

Duties of Director General

be responsible for the management of the affairs of the

Board subject to the directions of and in accordance with policies determined by the Board;

be responsible for putting into execution the decisions of the Board;

exercise supervision and control over all the other officers and servants of the Board; and

perform such duties and exercise such powers as may from time to time be determined or delegated by the

Board or as the Chairman may direct.

Officers and servants of the Board

The Board shall have power to formulate and regulate the procedure for the appointment of its officers and servants.

An officer or servant of the Board shall hold his office for such period and on such terms and conditions as the Board may from time to time determine.

The Board may, with the approval of the Minister, make regulations with respect to the conditions of service of its officers and servants.

20 Laws of Malaysia ACT 724

Power to grant loans and make advances to officers and servants

The Fund shall consist of—

paying any expenditure lawfully incurred by the Board;

paying for the remuneration, allowances and other expenses of the Chairman, members of the Board, the

Director General, members of the committees, officers and servants appointed and employed by the Board, including retirement benefits, pensions and gratuities;

paying any expenses, costs or expenditure in relation to the management and control of the Gallery lawfully incurred or accepted by the Board;

paying any other expenses, costs or expenditure lawfully incurred or accepted by the Board in the performance of its functions or the exercise of its powers under this Act;

repaying any moneys borrowed under paragraph 22(2)(f)

and the interest due on the borrowed moneys;

granting loans and advances to officers and servants of the Board under section 20; and

22 Laws of Malaysia ACT 724

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

Conservation of the Fund

deposit, either in fixed deposit or in current account, any moneys for the time being uninvested with any bank in

Malaysia holding a valid licence under the provisions of the Banking and Financial Institutions Act 1989 [Act 372] or the Islamic Banking Act 1983 [Act 276]; or

invest in securities of the Government or such other securities, such moneys of the Fund as may not be immediately required to be expended under this Act.

Nasional Visual Arts Development Board 23

Accounts and reports

a statement of accounts of the Board which shall include a balance sheet and an account of its income and expenditure; and

a statement of its activities.

The Board shall as soon as possible send a copy of the statement of accounts and the statement of its activities mentioned in subsection (1) certified by auditors and a copy of the auditor’s report to the Minister who shall cause them to be laid before both Houses of

Parliament.

The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Board.

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 including the expenditure for development projects, for the following year in such form and containing such particulars as the Minister may direct.

The Minister shall, before the beginning of the following year, notify the Board of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure.

24 Laws of Malaysia ACT 724

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 in the supplementary estimate.

Financial year

The Board may establish and maintain such branch or branches of the National Visual Arts Gallery at such place or places in Malaysia as the Board may consider desirable for the purpose of carrying out the provisions of this Act.

All national visual arts collection shall be kept in the

Gallery.

The Gallery may, on behalf of the Board—

is unfit for the national collection; or

is not required as part of the national collection, the Board may, with the approval of the Minister, dispose of such work by sale, gift or destruction.

A work of visual arts shall not be disposed of by way of destruction unless the Board is satisfied that the work has no saleable value.

The disposal of any work of visual arts under this section shall be carried out by the Gallery.

Exchange of works of visual arts

An agreement referred to in subsection (1) may include an undertaking by one party to pay an amount to the other party in recognition of the difference in value between the works of visual arts to be exchanged.

Disposal of works of visual arts left with the Gallery

by delivering the notice to the owner at his last-known place of residence;

by leaving the notice at the usual or last-known place of residence or business of the owner in an envelope addressed to such person; or

by sending the notice by registered letter addressed to such person at his usual or last-known place of residence or business.

If the owner of the work cannot be ascertained, a notice containing particulars of the work shall be affixed on two conspicuous part of the Gallery for the owner to collect his work within the period specified in the notice which shall not be less than one month from the date of the notice.

If the owner fails to collect such work after the expiry of the period specified in the notice, the owner shall be deemed to have abandoned his work and the Board shall have the power to approve for such work to be acquired for the national collection or be disposed of by way of sale, gift or destruction.

Nasional Visual Arts Development Board 27

No person shall, in any proceedings before any court in respect of any work acquired for the national collection or disposed of by way of sale, gift or destruction under subsection (3), be entitled to the costs of such proceedings or to any damages or other relief unless such acquisition, disposal or destruction was made in bad faith.

All proceeds from the sale of any works of visual arts under this section shall devolve to the Fund.

Without prejudice to the generality of subsection (1), regulations may be made for all or any of the following purposes:

All appointments, regulations, rules, orders and directions made or having effect under the law repealed by this section and in force or having effect at the commencement of this Act shall, without prejudice to the power of the Minister to amend the regulations, rules or orders or to amend, revoke or withdraw the directions and subject to such modifications as may be necessary to bring the regulations, rules, orders or directions in conformity with this Act, continue to be in force and have effect as if they had been made, kept or granted under this Act, until otherwise provided for under this Act.

Transfer of powers, etc.

Subject to the provisions of this Act, and to any direction of the Minister, all property and assets, other than land, which

30 Laws of Malaysia ACT 724

immediately before the appointed date were vested in the dissolved

Board shall, on that date, vest in the Board established by this Act.

It is hereby declared that any property, whether movable or immovable, which, immediately before the appointed date, was used for the purposes which after that date become the purposes of the

Board established by this Act shall, on that date, be vested in the

Board.

Existing contracts

Any appeal brought or any leave to appeal applied for on or after the appointed date against a decision given in any legal proceedings before that date may be brought by or against the Board established by this Act.

Nasional Visual Arts Development Board 31

Transfer of Fund

Every person who immediately before the appointed date was employed as an officer or servant of the dissolved Board shall, on the appointed date, be employed as an officer or servant, of the

Board established by this Act upon terms and conditions of service not less favourable than the terms and conditions of service to which he was entitled immediately before the appointed date.

If changes are made on and after the appointed date with respect to the terms and conditions of service of the officers and servants of the dissolved Board who are deemed under subsection (1)

to have been employed by the Board established by this Act, they shall be given an option whether to continue to be subject to the existing terms and conditions of service or to be subject to the new terms and conditions of service.

32 Laws of Malaysia ACT 724