DEWAN BAHASA DAN PUSTAKA ACT 1959

This Act shall apply throughout Malaysia.

Interpretation

The Board shall be a body corporate with perpetual succession and a common seal.

Constitution of the Board

a Chairman who shall be appointed by the Minister;

the Secretary General of the Ministry of Education or his representative;

the Director General of Education or his representative;

the Secretary General of the Treasury or his representative;

one person appointed by the Conference of Rulers; and

not more than 10 persons appointed by the Minister who in his opinion possess wide knowledge or have gained extensive experience in any field of activities which can be beneficial to the Board.

The Minister may appoint any member of the Board to be

Vice Chairman of the Board.

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The Board may appoint a Secretary under section 16 who shall not be a member of the Board.

Subject to the provisions of this Act, every member shall hold office for a term not exceeding three years from the date of his appointment and shall be eligible for reappointment.

Any member who—

The appointor concerned may at any time revoke the appointment of any member if he thinks it expedient so to do without assigning any reason therefor.

The appointor concerned may at any time accept the resignation of any member.

If any vacancy occurs by death, absence, insanity, bankruptcy, resignation or otherwise, the appointor concerned may appoint a person to fill such vacancy for the unexpired period of office of the member in respect of whom the vacancy occurred.

The appointor may appoint any suitable person to act as a member of the Board during the continued illness, incapacity or absence from Malaysia of any member.

Objects

to develop and enrich the national language in all fields including science and technology;

to encourage the proper usage of the national language;

and

For the purpose of paragraphs (1)(v) and (vi), “to encourage”

includes giving direction, commentary, advice, assistance, guidance, training or supervision.

Duties of the Board

(Deleted by Act A930).

Board to be sole co-ordinating authority

the Director General; or

any of the officers or servants of the Board.

A delegation under subsection (1)—

Without prejudice to the generality of subsection (1), the

Board shall have the power—

For the purpose of this section—

The Board may make rules to regulate the activities of such person or body and prescribe the rates and charges that may be fixed by such person or body in respect of the activity or duty of such person or body under subsection (1).

Common seal

Until a seal is provided by the Board under this section, a stamp bearing the description “Board of Control: Dewan Bahasa dan Pustaka” may be used as and shall be deemed to be the common seal.

The common seal shall be kept in the custody of the Chairman and all deeds, documents and other instruments requiring the seal of the Board shall be sealed with the seal of the Board in the presence of the Chairman or the Vice Chairman and of a member or an officer of the Board authorized by the Board to act in that behalf, who shall sign every such deed, document or other instrument to which such seal is affixed and such signing shall be sufficient evidence that such seal was duly and properly fixed and that the same is, or is used as, the lawful seal of the Board.

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

Quorum

In the event of the votes on any question being equal, the

Chairman shall have a casting vote in addition to his original vote.

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The Board may invite any one or more persons to attend any particular meeting of the Board for the purpose of assisting or advising the Board, but such invited persons shall have no right to vote.

Procedure of the Board

The Board shall meet at least once in the first and third quarter of each year for the purpose of considering, in addition to any other business of which due notice shall be given, a report of the work of the Board during the half year ending on the thirty-first day of December and the thirtieth day of June, as the case may be, immediately preceding such quarter.

Appointment and procedure of committees

Subject to this Act, and to any directions given by the

Board, a committee may regulate its own procedure.

A committee may, after consultation with the Board, invite any one or more persons to attend any particular meeting of the committee for the purpose of assisting or advising the committee, but such invited person shall have no right to vote.

A committee shall conform to any instructions from time to time given to it by the Board and the Board may, at any time, discontinue or alter the constitution of the committee so appointed.

Appointment and procedure of subcommittees

Subject to this Act, and to any directions given by the committee, a subcommittee may regulate its own procedure.

A subcommittee may, after consultation with the committee and with the approval of the Board, invite any one or more persons to attend any particular meeting of the subcommittees for the purpose of assisting or advising the subcommittee, but such invited person shall have no right to vote.

A subcommittee shall conform to any instructions from time to time given to it by the committee and the committee may, at any time, discontinue or alter the constitution of the subcommittee so appointed.

Remuneration or allowance

any share or interest—

in any contract made with, or work done for, the

Board; or

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any beneficial interest in land proposed to be acquired, purchased, leased or otherwise dealt in by the Board or which he knows to be affected, or is likely to be affected by any project, scheme or enterprise approved or proposed to be approved by the Board, shall declare the nature and extent of his share or interest to the

Board.

The declaration required to be made by a member by subsection

shall be made at a meeting of the Board at which any question relating to such contract, acquisition, purchase, lease, dealing, project or scheme is first taken into consideration, or if such member had not at the date of such meeting any such share or interest, at the next such meeting held after he acquired such share or interest, and in a case where such member acquires any such share or interest in any contract with the Board after it has been made, the said declaration shall be made at the first such meeting held after such member acquires such share or becomes so interested.

For the purposes of this section, a general notice given to the other members by a member to the effect that he is a member of any specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with or by that company or firm, shall be deemed to be a sufficient declaration of interest in relation to any contract so made:

Provided that such notice shall be of no effect unless either it is given at a meeting of the Board or the member concerned takes reasonable steps to secure that it is brought up and read at the next meeting of the Board after it is given.

Every declaration made in pursuance of this section shall be recorded in the minutes of the meeting at which it was made or read.

A member shall not vote upon any resolution or question relating to any contract, acquisition, purchase, lease, dealing, project or scheme in which he has any share or interest, whether or not he has declared the same, nor shall he take part in any deliberation

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(except by the invitation of the Board) or decision relating thereto or to any matter incidental thereto, and if he shall do so his vote shall not be counted nor shall he be counted in the quorum present at the meeting.

The provisions of this section shall apply, with such adaptations and modifications as may be necessary to make it applicable and effective, to a member of a committee or sub-committee appointed by the Board in respect of any contract or any acquisition, purchase, lease or dealing in land or any project or scheme with which such committee or sub-committee is concerned in the same manner as it applies to a member in respect of the like matters in relation to the Board.

Powers of the Minister in relation to the Board

The Board shall furnish the Minister with such returns, accounts and other information with respect to the property and activities of the Board as he may from time to time require.

The Minister may at his discretion at any time appoint a committee of enquiry to investigate the affairs of the Board and such committee shall submit its report to the Minister.

Disposal of capital assets

as to the disposal of capital assets; or

as to the application of the proceeds of such disposal notwithstanding that the directions may be of a specific character:

Provided that no such direction shall, so long as any sum borrowed by the Board in accordance with the provisions of this Act remains outstanding, be given except with the concurrence of the Minister of Finance.

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with the approval of the Minister, appoint on such terms and conditions as the Board and the Minister may think fit an executive officer who shall be called the Director

General; and

appoint on such terms and conditions as it may think fit such other officers and servants as may be necessary for the purposes of this Act.

Duties of the Director General

the day to day administration and management of the affairs of the Board;

the preparation of programmes, schemes, projects and activities of the Board;

the execution of all programmes, schemes, projects and activities of the Board;

keeping the Board fully informed of the progress of the programmes, schemes, projects and activities of the Board;

the issue of policy guidance or elucidation of the decisions of the Board to officers and servants of the Board;

implementing the policy decisions of the Board; and

the supervision and control over the implementation of the decisions of the Board.

Control of officers and servants

For the purposes of this section—

The following shall apply to any disciplinary committee established pursuant to paragraph (2)(b):

A committee established under paragraph (2)(b) shall exercise its powers in all matters relating to the discipline of officers and servants placed under its jurisdiction.

In the exercise of its disciplinary functions and powers, a disciplinary committee referred to under subsection (2) shall have the power to take disciplinary action and impose disciplinary punishment as may be provided for under any regulations that may be made under section 18B.

A decision of—

When the Board considers an appeal under subsection (6), a member of the disciplinary committee against whose decision the appeal is made who is also a member of the Board shall not be present or in any way participate in any proceedings relating to that appeal.

A decision of the Minister or the Board under subsection

shall be final and conclusive.

Power to make disciplinary regulations

The disciplinary regulations made under this section—

For the purpose of subsection (2), “officer” includes the

Director General.

Finance

Establishment of Fund

The Fund shall consist of—

The charges on any amount which may be allocated to the

Board from loan funds shall be met by the Board.

Duty of Board to conserve the Fund

for the payment of any expenses lawfully incurred by it and the remuneration of any officer or servant employed by the Board, including superannuation allowances, pensions or gratuities;

for the payment of any other expense, cost or expenditure properly incurred or accepted by it in the exercise of the powers conferred on the Board by this Act;

for the making of loans to officers and servants of the

Board for the purpose of acquiring means of conveyance for their personal use;

for the making of loans to officers and servants of the

Board for the purpose of acquiring, building or purchasing houses for their accommodation or that of their families or for the purpose of repairing their houses; and in every case where the Board is making loans to its officers and servants under this paragraph the houses including the lands on which they stand shall be mortgaged to the

Board as security for such loans;

for the making of loans to officers and servants of the

Board for any other purpose aprroved by the Board.

Annual estimates

A copy of such estimate shall be sent to each member of the Board not less than fourteen days prior to the meeting before which the estimate is to be laid.

*NOTE—This Act has been repealed by the Banking and Financial Institutions Act 1989 [Act 372]–see subsection 128(1) Act 372.

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The Board shall consider the estimate so submitted and shall sanction the same either unaltered or subject to such alterations as it thinks fit.

Such estimate as sanctioned by the Board shall be submitted to the Minister who may, at any time within one month after receipt of the same, disallow such estimate, or any portion thereof, and return the same for amendment.

The Board shall, if the estimate is so returned by the Minister, forthwith proceed to amend the same, and shall resubmit the estimate so amended to the Minister.

The Board may, at any time during the year for which such estimate has been sanctioned, cause a supplementary estimate to be prepared and submitted to it.

Every such supplementary estimate shall be considered and sanctioned by the Board, and submitted to the Minister, and, if necessary, amended and resubmitted as if it were an original estimate.

The Board shall not incur expenditure otherwise than in accordance with estimates or supplementary estimates approved by the Minister.

Accounts and audit

The accounts of the Board shall be audited annually by the

Auditor General or other auditor appointed by the Board with the approval of the Minister.

After the end of each financial year, as soon as the accounts of the Board shall have been audited, the Board shall cause a copy of the statement of accounts to be transmitted to the Minister, together with a copy of any comments made by the Auditor General or other auditor appointed under subsection (2) on any statement or on the accounts of the Board.

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The Minister shall cause a copy of every such statement and comments to be laid on the table of the Dewan Rakyat.

Imposition of surcharge

has failed to collect any moneys owing to the Board for the collection of which he is responsible;

is or was responsible for any improper payment of moneys from the Fund or for any payment of moneys which is not duly approved;

is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the Board;

being or having been an accounting officer, fails or has failed to keep proper accounts or records; or

has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Fund to any person to whom the payment is due under any contract, agreement or arrangement entered into between that person and the Board.

The Board shall, before such person is surcharged, serve on him a written notice calling on him to show cause why he should not be surcharged.

If a satisfactory explanation is not received within fourteen days from the date of service of the aforesaid notice, the Board may—

from the salary of the person surcharged; or

from the pension of the person surcharged, by equal monthly instalments not exceeding one fourth of the total monthly salary or pension, as the case may be, of that person.

The Minister shall cause a copy of every such report to be laid on the table of the Dewan Rakyat.

Public servants

regulating the manner in which documents, cheques and instruments of any description shall be signed or executed on behalf of the Board or any corporation;

regulating the responsibilities and control of officers and servants of the Board;

regulating the circumstances in which members of the

Board and the officers and servants of the Board may receive travelling and subsistence allowances and fixing the rates of such allowances;

imposing fees in such cases as may be determined by the

Board;

providing procedure for the control and management of the Fund;

generally for the exercise of their powers and duties under the provisions of this Act.

Power to make rules

Rules made under this section may provide—

The following provisions shall apply to any rules made under this section—