Establishment of the Board
There is hereby established a body corporate by the name of “Malaysia Tourism Promotion Board” with perpetual succession
and a common seal, which may sue and be sued in its name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with any movable or immovable property or any interest therein vested in the Board upon such terms as it deems fit.
Functions and powers of the Board
(1) The functions of the Board shall be—
(a) to stimulate and promote tourism to and within Malaysia;
(b) to stimulate, promote and market, internationally and locally, Malaysia as a tourist destination;
(c) 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
(d) 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.
(2) 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) to carry on all activities relating to tourism which are commercial or industrial in nature and activities of research and training, the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the performance of its functions;
(b) to co-operate with or act as agent of, or otherwise act in association with or on behalf of any agency or organization, international or otherwise;
(c) to secure local and overseas publicity for the promotion of Malaysia as a tourist destination;
(d) to promote and co-ordinate the carrying on of such activities which are connected or related to its functions by any government department, or governmental or non-governmental agency or organization;
(e) to conduct researches, surveys and investigations which are requisite, advantageous or convenient for or in connection with the performance of its functions;
(f) to require any government department, or governmental or non-governmental agency or organization to submit information, programmes and reports in respect of its tourism promotion and marketing activities;
(g) to enter into such negotiations and arrangements as the Board considers necessary for the performance of its functions;
(h) to assist in the development of tourism enterprises in Malaysia, and in the provision or improvement of tourist facilities and attractions in Malaysia;
(i) to give assistance to any governmental or non-governmental agency or organization appearing to the Board to have facilities for the carrying on of any such activities, including, with the approval of the Minister, financial assistance by the taking up of share or loan capital or by loan or otherwise;
(j) to dispose of capital assets and to use the proceeds from such disposal as the Board deems fit;
(k) to appoint such agents as it may deem fit for the purpose of performing its functions;
(l) to impose fees or any other charges it deems fit for giving effect to any of its functions or powers;
(m) to do such other things as it deems fit to enable it to carry out its functions and powers effectively; and
(n) to exercise all powers and perform all duties which, under or by virtue of any other written law, may be vested or delegated to it.
Membership of the Board
(1) The Board shall consist of the following members who shall be appointed by the Minister:
(a) a Chairman;
(b) a Deputy Chairman;
(c) the Director General; and
(d) not less than six but not more than ten members of whom—
(i) at least four shall be persons who are connected with any tourism enterprise but shall not hold any public office;
(ii) at least two shall be representatives of the Ministry of Tourism and the Ministry of Finance respectively; and
(iii) any other persons as the Minister considers fit and proper to be members of the Board.
(2) 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.
(3) The Board may delegate any of its functions and powers to the Chairman.
(4) The provisions of the Schedule shall apply to the Board.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Board or any member, officer, servant or agent of the Board in respect of any act, neglect or default done or committed by him in such capacity.
Public servants
All members, officers and servants of the Board, while discharging their duties as such members, officers and servants, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Power of the Minister to give directions
The Board shall be responsible to the Minister, and the Minister may from time to time give directions not inconsistent with the provisions of this Act and the Board shall give effect to all such directions.
Reports and information
(1) The Board shall furnish to the Minister such information with respect to its property and activities as the Minister may from time to time require or direct.
(2) 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.
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).
