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Act 213

Dewan Bahasa dan Pustaka Act 1959

Akta dewan bahasa dan pustaka 1959

In force · 20 sections

Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.

An Ordinance to institute and establish a body to be known as the Board of Control of the Dewan Bahasa dan Pustaka to promote the development of language and literature in the Federation. 1.8.19591 IT IS HEREBY ENACTED by the Yang di-Pertuan Agong with the advice and consent of the Legislative Council as follows: 1. This Ordinance may be cited as the Dewan Bahasa Shorttitle: dan Pustaka Ordinance, 1959, ard shall come into operation and com- mencement. on such date as the Minister may by notification in the Gazelle appoint. Imfuceae l:8. 57- 64.270159 2. In this Ordinance unless the context otherwise Interpreta- tion. requires..- "Board of Control" or "Board" means the Board of Control of the Dewan Bahasa dan Pustaka established under section 3; "Chairman" means the Chäirman of the Board and includes a Vice-Chairman; "financial year" means a period of twelve months ending on the 31st day of December; established nedor secti De 18, Bahasa dan Pustaka Fund "member" means any member of the Board appointed under section 4 and includes the Chairman, Vice-Chairman d/Ad.A.79/71 and-an alternate-member, "Minister" means the Minister for the time being charged with the responsibility for education. p: which shall have an office in the Federation. succession and a common seal. 4. (1) Tho Board shall consist f the Kollowing members: Coniee (a) a Chairman appointed by the Minister; (b) three public officers appointed by the Minister; (c) a public officer appointed by..the Minister of Finance;

English text is authoritative (National Language Acts 1963/67, s 7(2) — enacted before 1 September 1967, so no Malay text is authoritative until one is prescribed).

Data synced

Find Act 213 on lom.agc.gov.my ↗

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s 1Open ↗
This Ordinance may be cited as the Dewan Bahasa Shorttitle: dan Pustaka Ordinance, 1959, ard shall come into operation and commencement. on such date as the Minister may by notification in the Gazelle appoint. Imfuceae l:8. 57- 64.270159
s 2Open ↗
In this Ordinance unless the context otherwise Interpretation. requires..- "Board of Control" or "Board" means the Board of Control of the Dewan Bahasa dan Pustaka established under section 3; "Chairman" means the Chäirman of the Board and includes a Vice-Chairman; "financial year" means a period of twelve months ending on the 31st day of December; established nedor secti De 18, Bahasa dan Pustaka Fund "member" means any member of the Board appointed under section 4 and includes the Chairman, Vice-Chairman d/Ad.A.79/71 and-an alternate-member, "Minister" means the Minister for the time being charged with the responsibility for education. p: which shall have an office in the Federation. succession and a common seal.
s 4Open ↗
(1) Tho Board shall consist f the Kollowing members: Coniee (a) a Chairman appointed by the Minister; (b) three public officers appointed by the Minister; (c) a public officer appointed by..the Minister of Finance; idl three persons of literary reputation appointed by the Minister 1o oio eges g oe igi ay angerngi in oline (f) a representative of the States who shall be appointed by the Minister in consultation with the States; (g) a representative of the Department of Malay Studies of the University of Malaya appointed by the (2) The Minister may appoint any member of the Board to be Vice-Chairman of the Board. Subs. ft.53/66. 13) The Minister may appoint a Secretary, who shall not (28.7.66). be a member of the Board. (4) The appointor specified in each of paragraphs (D) to (g) .... of sub-section (1) may appoint one or more persons to be alternate members who may attend any meeting of the Board or of a committee thereof when the substantive member is temporarily unable to attend and when so attending such alternate member shall be deemed for all purposes to be a substantive member. () Subject to the provisious of this Ordinance, every fucl. Act.A.74/71 member shall hold office for a term not exceeding three years from the date of his appointment and shall be eligible lor re-appomtment (6) Ihe appointment of an alternate member under the provisions of sub-section (4) shall be effective for the same period as the appointment of the substantive member. ()) Any member who without reasonable cause absents himselt trom three consecutive meetings of the Board and any member who has been found or declared to be of unsound mind or has become bankrupt or made an arrangement with his creditors or has been sentenced to imprisonment shall be deemed to have vacated office. (8) 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. (9) The appointor concerned may at any time accept the resignation of any member. (O) any vacancy oecurs by death, absence, insanity, bankruptcy, resignation or otherwise, the appointor concerned may appoint a person to fill such vacancy for the unexpirea penod of office of the member in respect of whom the vacancy occurred.
s 5Open ↗
The objects of the Board shall be- (1) to develop and entich the national language; Objects. (il) to develop literary national language; talent, particularly in the (il1) to print or publish or assist in the printing or publication of books, magazines, pamphlets and other forms of literature in the national language and in other languages; (iv) to standardize spelling and pronunciation, and devise appropriate technical terms in the national language!- (V) to prepareand publish a national language d/Ack.A.79/T1 dietionary.
s 6Open ↗
(1) The Board shall havela commnon seal which saall conmon Act.A.79/71 bear such device as the Board may approve and such seai may from time to time be broken, changed, altered and made anew by the Board as the Board may think fit. (2) 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. (3) 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 jor an officer of the Board authorised by the Board to act in that behalf, who shall sıgn every such deed, document or other instrument to which such seal is affixed and such signing shall be suflicient evidence that such seal was duly and properly fixed and that same is, or is used as, the lawful seal of the Dewan. (4) The seal of the Board shall be officially and judicially noticed. tvz. (1) The quorum for a meeting of the Board shall be Quorum. Leight members present in addition to the Chairman. Acl.A.T9/71 (2) In the event of the votes on any question being equal, the Chairman shall have a casting vote in addition to his original vote. (3) The Board may invite any one or more persons to attend any particular meeting ot the Board for the min of assisting or advising the Board, but such inviten shall have no right to vote.
s 8Open ↗
(1) Subject to the provisions of this Orfifance, the Proceduro make standing orders regulating its own procedure generally and in particular regarding the holding Board. of meetings, the notice to be given of such meetings, the proceedings thereat, the custody, production and inspection p: : Committees Board. Expenses payable to members of the Board. Disclosure by member Board of Cafiond such a member from voting. No. 25 OE 1959 of the minutes thereof and the opening, keeping, closing and audit of accounts. (2) The Board shall meet at least once in the first and hird quarter of each year tor the purpose ot considerins n addition to any other business of which due notice shai 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
s 9Open ↗
(1) There shall be an Executive Committee of the Board which shall consist of the Chairman and four other members to be elected by and from the members.. (2) The Board may appoint such other committees as it may think fit to examine and report on any matter whatsoever arising out of or connected with any of its powers and duties under this Ordinance. (3) Any committee appointed iunder sub-section (2) may invite any one or more persons to attend any particular meeting of the committee for the purpose of assisting or advising the committee. (4) Where any person not being a member, officer or servant of the Board is invited to attend a meeting of the Board or of any committee of the Board for the purpose of giving assistance or advice under the provisions oi subsection (3) of this section or sub-section (3) of section 7, the Board may by resolution declare the remuneration allowance of such person, and such sums shall be payable out of the Fund.
s 10Open ↗
There may be paid to each member of the Board out of the Fund such travelling, lodging or other out of pocket expenses as may be incurred by him on the business of the Board as the Board may from time to time determine subject to such limits and conditions as the Minister may prescribe.
s 11Open ↗
(I) Any member who has or acquires, directly or indirectly by himself, his partner or agent— (a) any share or interest in any contract made with or work done for the Board or in any company or m or with any person, or in respect of any dertaking with which the Board proposes to der into any contract; or (b) any beneficial interest in land proposed to be acquired, purchased, leased or otherwise dealt in by the Board of which he knows to be affected, or is likely to be affected by any project, scheme it. DEWAN. BAHASA DAN PUSTAKA or enterprise approved by the Board, approved or proposed to be shall declare the nature and extent of his share or interest to the Board. (2) The declaration required to be made by a member by sub-section (1) of this section 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, lor 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 sucheshare or interest in aneresuract wnhthe Boardser 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 (3) For the purposes of this section, a general notice. given to the other members by à member to the effect that neis 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 or application 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. (4) Every declaration made in pursuance of this section shall be recorded in the minutes of the meeting at which it was made or read. (5) A member shall not vote upon any resolution or question relating to any contract, acquisition, purchase, lease, dealing, project or schemé in which he has any share or interest, whether or not he has declared the same, nor shall he take part in any deliberation (except by the invitation of the Board) or decision relating tnereto or to any matter incidental thereto, and if he shall do so his vote shall not be counted nor shall hẹ be counted in the quorum present at the meeting. (6) The provisions of this section shall apply, with such adaptations and modifications aș 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 it land or any project or scheme with which such committe or sub-comimittée is concerned in the same manner as it 3. Disposal of capital isscts. Appointment of officers and seryants. 1- General (Act.A. 47) Control of officers and servants. K-General (Act. A.47) d/Ad.1.79/71 diAc.A.79/71 applies to a member in respect of the like matters in relation tô the Board.
s 12Open ↗
(1) The Minister may, give to the Board directions of a general character not inconsistent with the provisions of this Ordinance as to the exercise and performance of its duties and functions in relation to matters which appear to him to afiect the interests of the Federation and the Board shall give effect to all such directions. (2) The Board shail 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 requite. 3) The Minister may at his discretion at any time appoin a conumittee of enquiry to investigate the altairs of the Boar‹ and such committee shall submit its report to the Minister.
s 13Open ↗
The power conferred on the Minister by section 12 to give diréctions to the Board shall extend to the giving of directions— (a) as to the disposal of capital assets; or (b) as to the application oi 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 Ordinance remains outstanding be given except with the concurrence of the Ministeriof Finance.
s 14Open ↗
The Board may- (a) 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 Directot and (b) appoint on such terms jand conditions as it may think fit such other ofticers and servants as may be necessary for the purposes of this Ordinance.
s 15Open ↗
(1) The officers and servants of the Board shall be under the administrative control bf the Director and subject to any regulations made under|section 26, the power of appointing, promoting, suspending, reducing or proming eavsuspending dismissing,antingt the Board shali be exercised by the Board after consultation Provided that the Directorkmay, at any time, appoint of dismiss any officer or servan whose monthly basic month. maximum salary does not exceed|three hundred dollars per (2) Any oficer or servant aggrleved by a decision of the Directorin the exercise of his powers under the proviso to sub-section (1) may appeal to the Board in such manner as may be prescribed by regulations made under section 26; and the decision of the Board shall be final. 16, (1) For the purposes of this Ordinance there is hereby Reabirh establshed a runa to be known as the Dewan Bahasa dan Fund Pustaka Fund which shall be jadministered and controlled by the Board (2) The Fund shall consist of (a) such sums as may be provided as a grant from time to time by Parliament (b) such sums as may from time to time be lent to the Board by the Government of the Federation; (c) monies earned by the operation of any project scheme or enterprise financed from the Fund (d) all sums or property which may in any mannez become payable to or vested in the Board in respect of any matter incidental to its powers anc duties; (e) any voluntary gift to the Board or to the Dewan Bahasa dan Pustaka. (3) The charges on any amount which may be allocated to the Board from loan funds shall be met by the Board.
s 17Open ↗
It shall be the duty of the Board to conserve the Fund Duty of by so exercising and performing its functions and duties conserve under this Ordinance as to secure that the total revenues of the Fund. the Board are sufficient to meet all sums properly chargeable to its revenue account including, without prejudice to the generality of that expression, provisions in respect of its obligations under sub-section (3) of section 16, depreciation and interest on capital taking one year with another.
s 18Open ↗
The Fund may be placed on deposit with a bank in Fundtobe deposited the Federation holding a valid licence under the provisions with a bank. ot the Banking Ordinance, 1958, or invested in the securities 62 of 1958. of the Government of the Federation or such other securities as may be approved in writing by the Minister of Finance. section, sastion 10, sub-secisin (80f ot sececin 164 od Froreniid section 21, the Board may apply the Fund= (a) for the payment of any expenses lawfully incurred by it and the remineration of any officer or servant empioyed |by the Board, including superannuation allowances, pensions or gratuities; (b) 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 Ordinance; flc) for the making of loans to officers and servants of the Board for the purpose of acquiring means of conveyance for their personal use. Lod. Act. 53/66 1.0b "the Board shall have the power to do anything and General nowers al to enter into any transaction (whether or not involving use and disposal of any the Board to transact business. movable or immnoväble property) which in its opinion ny calculated to Tacilifate the proper discharge of its powers and duties under this Ordinance: Provided that this power does not include the power to borrow other than as provided in sub-section (2) of section 10.
s 21Open ↗
The Board may employ and pay agents and technical Power to employ agents. advisers, whether advocates and solicitors, bankers, stockbrokers, surveyors or valuers or other persons, to transact any business or to do any act required to be transacted or done in the execution of the powers and duties of the Board or for the better carrying into effect the purposes of this Ordinance, and may pay from the Fund all charges and expenses so incurred. Annual Eslimates. 22, (1) The Chairman shall, not later than one month hefore the commencement of each financial year, lay betore the Board an estimate of the Board's revenue and expenditure, including capital expenditure, for the ensuring year in such detail and form as the Board may require. (2) 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. (3) The Board shall consider the estimate so submitted and shall sanction the same either unaltered or subject to •such alterations as it thinks fit. (4) 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 estimaté, or any portion thereof, and return the same for amendment. (5) The Board shall, if the estimate is so returned by the Minister, forthwith proceed to amend the same, and shal re-submit the estimate so amended to the Minister. (6) 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. (7) Every such supplementary estimate shall be considered and sanctioned by the Board, and submitted to the Minister, and, if necessary, amended and re-submitted as if it were an original estimate. (8) The Board shall not incur expenditure otherwise than in accordance with estimates or supplementary estimates approved by the Minister.
s 23Open ↗
(1) The Board shall keep or shall cause to be kept AndAudt. proper accounts and other records in respect of its operations and shail cause to be prepared statements of accounts in respect of each financial year. (2) 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. (3) Atter 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 sub-section (2) on any statement or on the accounts of the Dewan. (4) The Minister shall cause a copy of every such statement and comments to be laid on the table of the Dewan Ra'ayat.
s 24Open ↗
(1) The Board shall, not later than thirtieth day of Annual April in each financial year, cause to be made and trans- Report. mitted to the Minister a report dealing with the activities Board, during the preceding financial yeat and containing such information relating to the proceedings and Poicy of the Board as the Minister may trom time tà time (2) The Minister shall cause a copy of every such report to be laid on the table of the Dewan Ra'ayat.
s 25Open ↗
The Public Authorities Protection Ordinance, 1948, Public doe agen or ese Dewerige od ia erporitio o raeig e, any act, neglect or default done or committed by him in such capacity.
s 26Open ↗
The Board may, with the approval of the Minister, Powerto make regulations not inconsistent with the provisions of make regulations. this Ordinance (a) 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; (b) iegulating the responsibilities and control of officers and servants of the Board; Gci. A. 79/71 Add. Nato Act. 53/66 ell > (c) 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; (d) imposing fees in such cases as may be determined by the Board; , Let generally for the exercise of their powers and duties under the provisions of this Ordinance. 27.

Cite this legislation

Official citation
Act 213
Source
lom.agc.gov.my
Data synced
Licence
Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗

Dewan Bahasa dan Pustaka Act 1959 [Act 213] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-213

This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.

View on lom.agc.gov.my ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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