Establishment of the Perbadanan Kemajuan Filem Nasional Malaysia
There shall be established a corporation by the name of “Perbadanan Kemajuan Filem Nasional Malaysia” which shall have perpetual succession and a common seal and which may sue and be sued in the same name and, subject to and for the purposes of this Act, may enter into contracts and hold and deal in or with any movable or immovable property and do all other matters and things incidental or appertaining to a body corporate.
Membership of the Perbadanan
(1) The Perbadanan shall consist of a Chairman, a Deputy Chairman and not less than seven but not more than ten other members, to be constituted as follows— (a) a Chairman and a Deputy Chairman to be appointed by the Minister from amongst persons who, in his opinion, by reason of their knowledge and extensive experience, would be of substantial service to the film industry; (b) four members to be appointed by the Minister from amongst persons who are connected with the film and related industries and are not public officers; (c) the Secretary General of the Ministry charged with the responsibility for the development of the film industry, or his representative; (d) the Secretary General of the Ministry charged with the responsibility for finance, or his representative; (e) the Secretary General of the Ministry charged with the responsibility for information, or his representative; and (f) such other persons, being not more than three in number, as the Minister considers fit and proper persons to be members of the Perbadanan, to be appointed by the Minister. (2) A member of the Perbadanan appointed under paragraph (a), (b) or (f) shall, unless his appointment is sooner revoked or he sooner resigns, hold office for such period not exceeding three years as the Minister may determine and he shall be eligible for reappointment. (3) The members of the Perbadanan may be paid such remuneration or allowances as the Minister may determine. (4) The Schedule shall apply in respect of the Perbadanan and its members.
Seal of the Perbadanan
(1) The Perbadanan shall have a common seal and such seal may, from time to time, be broken, changed, altered or made anew as the Perbadanan deems fit: Provided that until a seal is provided under this section a stamp bearing the inscription “Perbadanan Kemajuan Filem Nasional Malaysia” may be used as a common seal. (2) All deeds, documents and other instruments requiring the seal of the Perbadanan shall be sealed accordingly in the presence of two members of the Perbadanan who shall sign every deed, document or instrument to which the seal is affixed; and such signing shall without further attestation be sufficient evidence that the seal was duly and properly affixed and that the same is the lawful seal of the Perbadanan: Provided that a deed, document or other 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 Perbadanan; and such deed, document or instrument may be executed on behalf of the Perbadanan by any of its officers or servants generally or specially authorised in writing so to act. (3) The seal of the Perbadanan shall be officially and judicially noticed.
Functions of the Perbadanan
(1) The functions of the Perbadanan shall be— (a) to make recommendations to the Minister as to the policies, methods and measures to be adopted to promote, nurture and facilitate the development of the film industry; (b) to develop, and stimulate the growth and maintain the standards of, the film industry by various means, including the provision of research and advisory services; (c) to regulate and co-ordinate the activities of persons and bodies relating to matters pertaining to the film industry; (d) generally to promote and assist, both inside and outside Malaysia, in the development of the film industry; (e) to regulate and control the production, distribution and exhibition of films in Malaysia, and in relation thereto to provide for the issue of licences; and (f) to manage and control the maintenance and operation of places and equipment belonging to the Perbadanan for the purposes of paragraph (2)(c). (2) The Perbadanan shall have power to do all things expedient or reasonably necessary for or incidental to the discharge of its functions and in particular, but without prejudice to the generality of the foregoing, it shall have the power— (a) to conduct surveys in respect of the film industry and carry out feasibility studies for the development of film production locally; (b) to provide training facilities and to control and supervise the implementation of training projects and programmes relating to the film industry; (c) to provide or assist in the production of services, facilities and filming equipment to film producers, distributors and exhibitors and cinema hall owners, but not itself to participate in film production, directly or indirectly; (d) to receive, in consideration of the services rendered by it, such commission or payment as may be agreed upon; (e) to grant any subsidy or credit facility but in no way as to enable itself to participate in film production, directly or indirectly; (f) to prescribe and levy fees or other charges in relation to the performance of its functions and the exercise of its powers under this Act; (g) to participate in international organisations relating to the film industry and to hold, promote and participate in film festivals, exhibitions and seminars or in any activity of a similar nature both inside and outside Malaysia; (h) to establish institutions, centres, sub-centres and workshops for the undertaking of research and other activities necessary for or related to the development of the film industry; (i) to provide incentives in respect of the film industry; (j) to disseminate information to the public on the various aspects of the film industry; and (k) to do such other matters as may be directed by the Minister.
Delegation
(1) The Perbadanan may delegate any of its functions and powers to the Chairman. (2) Without prejudice to subsection (1), the Perbadanan may, by an instrument in writing under its common seal, delegate to any other person or any body such of its functions and powers as may be necessary to be performed inside or outside Malaysia except the power to make regulations: Provided that any such person or body shall not have control over the Fund and shall act in all respects in accordance with the directions of the Perbadanan.
Directions by the Minister
(1) The Minister may give to the Perbadanan any direction not inconsistent with this Act as to the exercise and performance of its functions and powers in relation to any matter which appears to him to concern the film industry and the Perbadanan shall give effect to any such direction. (2) The Perbadanan shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
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).