Approval of totalizator agency scheme
(1) The Board shall, not later than a day to be appointed in that behalf by the Minister by notice in writing addressed to the Chairman of the Board, submit to the Minister for his approval a scheme for the establishment and operation of totalizators and totalizator agencies in respect of race meetings.
(2) Any scheme prepared under this section may provide for—
(a) the administration of the scheme, and for the establishment, maintenance and operation of totalizators and totalizator agencies and for the carrying out of the functions of the Board under the scheme;
(b) the receiving at totalizators and totalizator agencies of totalizator investments in respect of horse races, the credit facilities in respect of such investments, the manner in which such investments may be made and the times at which and the conditions upon or subject to which such investments may be made and received;
(c) the transmission or not, as the case may be, of particulars of the investments referred to in paragraph (b) to the totalizator on the race course where the race meeting is being held, and for failure of such transmission;
(d) the payment at or from totalizators and totalizator agencies of dividends payable in respect of totalizator investments received and the times at which and the manner in which such dividends may be paid;
(e) the method of calculation of the dividends payable as aforesaid out of moneys received as totalizator investments;
(f) the method of accounting as between the Board, turf clubs and totalizator agencies in respect of investments, dividends and commission;
(g) such other matters as may be necessary for the proper operations and control of totalizators and totalizator agencies, or for the operation of the scheme.
(3) The Board may from time to time submit to the Minister for his approval any variation of any scheme or any part thereof for the time being in force under this section, or any new scheme in substitution for any such scheme as aforesaid.
(4) No scheme or any part thereof, and no variation of any such scheme or part thereof, shall come into force until approved in writing by the Minister.
(5) Every approved scheme and any variation thereof shall be published in the Gazette.
(6) The Yang di-Pertuan Agong may by order notified in the Gazette suspend or revoke any approved scheme or variation of an approved scheme, or any part thereof, and any such suspension or revocation shall have the effect of a repeal of such scheme or part, as the case may be.
Calculation of dividend
(1) Except as may be provided under any approved scheme it shall be the duty of the Board and of any turf club operating a
totalizator on behalf of the Board under an approved scheme to pay out by way of dividend all moneys received from investments on the totalizator after deducting—
(a) the amount of any duty charged under section 2 of the Betting and Sweepstake Duties Act 1948 [Act 201]; and
(b) by way of commission ten per centum, or such other amount (whether greater or lesser than ten per centum) as may be prescribed by any regulations made under section 29, of all such moneys:
Provided that—
(i) it shall not be necessary to pay out fractions of a ringgit;
(ii) any investment on any horse which is scratched or otherwise withdrawn in accordance with the rules of racing applied by any approved scheme shall be refunded without deduction of such duty and commission.
(iii) (Deleted by Act 65).
(2) No money received by the Board pursuant to any approved scheme through any turf club in the Republic of Singapore referred to in any declaration under section 18 for investment on horse races in Malaysia shall be liable for duty or commission in accordance with subsection (1).
Special provisions relating to Singapore
(1) Where the Minister is satisfied—
(a) that the members and officers of any turf club in the Republic of Singapore are exempted generally from the provision of any law relating to common gaming houses for the time being in force in that Republic; and
(b) that the Board is willing to receive in accordance with an approved scheme totalizator investments from any such club for investment on horse races in Malaysia; and
(c) that suitable arrangements have been or are being made in the Republic of Singapore in order to exempt from the provisions of any law relating to betting and sweepstake
duties for the time being in force in that Republic any investments made by or on behalf of the Board with any club referred to in paragraph (a) on horse races in the Republic of Singapore,
he may by notification in the Gazette declare that this section shall apply to any money received by the Board from or through the agency of any such club for investment on horse races in Malaysia.
(2) Where any declaration under subsection (1) is in force all moneys received by the Board from or through the agency of any club specified in such notification for investment on horse races in Malaysia shall be exempt from paragraphs 17(1)(a) and (b), and section 2 of the Betting and Sweepstake Duties Act 1948.
Proportion of deduction from investment to belong to the Board
(1) The sum deducted by way of commission in accordance with paragraph 17(1)(b), together with any fractional money arising pursuant to the operation of paragraph (i) of the proviso to subsection 17(1) shall be deemed for all purposes to belong to and form part of the general funds of the Board and may be apportioned between the Board and the turf clubs in such proportion and in such manner as may be approved by the Minister under an approved scheme.
(2) (Deleted by Act 47/1967).
Distribution of funds of the Board
Subject to any regulations made under section 29, the Board may from time to time distribute any moneys forming part of the funds of the Board and not required by it in the exercise of its powers under section 4 for all or any of the following purposes:
(a) social and welfare purposes including the welfare of the blind, handicapped and under-privileged, the relief of poverty, the treatment of tuberculosis and the fostering of non-political youth movements; and
(b) the promotion of sport generally in Malaysia including the provision of playing fields.
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).
