Second Schedule SECOND SCHEDULESupplementary
[Subsection 7(1)] RULES FOR THE ESTABLISHMENT OF SPORTS COUNCIL IN THE STATES OF THE FEDERATION OF MALAYSIA Interpretation 1. In the interpretation of the Rules and any by-laws made thereunder, unless the context otherwise requires— “Committee” means the Committee of Management appointed under rule 9; “Council” means the Sports Council of the State; “Director” means the Director of State Sports Council appointed under subrule 10(1); “District Sport Council” means the District Sports Council set up in the State by the State Sports Council or in the case of Federal Territory, Sabah and Sarawak, by the Sports Council of each administrative area; “State Sports Association” means any association, club, institution or other body exercising exclusive control over any branch of sport within any State, on the State wide basis. Name 2. The Council shall be called “THE STATE SPORTS COUNCIL”. Objectives of the Council 3. The objectives of the Council shall be— (a) to promote the general interest of sports in the state and in particular to provide adequate facilities for the advancement of all branches of sports at the State and District level; b) to undertake the coordination of all State Sports Association and other sports agency within the State; and (c) to raise and administer any fund for the furtherance of the objectives of the Council with the National Sports Council of Malaysia. Functions of the Council 4. The functions of the Council shall be— (a) to carry out the objects of the Council; (b) to establish District Sports Council to provide adequate facilities for the promotion of sports at District level; (c) to make recommendation to the State Government as the methods, measures and policies to be adopted to facilitate the development of sports, and where approved by Government, to implement and assist in the implementation thereof; and (d) to take all steps as are deemed necessary for the proper attainment of the objectives of the Council. Powers of the Council 5. The Council shall have power to do all things expedient or reasonably necessary or incidental to but without prejudice to the generality of the aforesaid rule— (a) to conduct surveys and investigation in respect of sports; (b) to require government departments, and governmental and non- governmental agencies dealing in sports to submit reports regarding their activities; (c) to engage or assist in the development of sports, and in the provision or improvement of sports facilities; (d) to acquire, purchase, take on lease, hire, hold and enjoy movable and immovable property of every description and to convey, assign, surrender and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with or to develop any movable or immovable property belonging to the Council upon such terms as the Council deems fit; (e) to enter into any contract; (f) to receive in consideration of the services rendered by it, such commission or payment as may be agreed upon; and (g) generally to do such acts as it thinks fit for the purpose of achieving any of the aforesaid objects. Membership of the Council 6. Membership shall be open to any State Sports Association or District Sports Association within the State. Members of the Council 7. (1) The Council shall consist of the following members: *(a) a Chairman who shall be appointed by the Minister in consultation with the Menteri Besar or Chief Minister of the State; **(b) two Deputy Chairman, who shall be appointed by the Menteri Besar or Chief Minister of the State, one of them is the Secretary of the State Government; (c) a representative nominated by each State Sports Association; (d) the Chairman of each District Sport Council; ***(e) the Director of the State Education Department or his representative; *NOTE—In its application to the Federal Territory Sports Council is modified by substituted with “a Chairman who shall be appointed by the Minister;” – see National Sports Council of Malaysia (Modification) Order 1988 [P.U.(A)367/1988]. **NOTE—In its application to the Federal Territory Sports Council is modified by substituted with “two Deputy Chairman who shall be appointed by the Minister, one of them is the Chief Secretary or his representative;” – see [P.U.(A)367/1988]. ***NOTE—In its application to the Federal Territory Sports Council is modified by substituted for the word “State” the words “Federal Territory” – see [P.U.(A)367/1988]. *(f) the State Finance Director or his representative; **(g) the Director of the State Youth and Sports Department or his representative; and (h) not less than three and not more than six persons who in the opinion of the Chairman can contribute to the development and promotion of sports. (2) Members of the Council, except the Chairman shall be appointed by the Minister, Menteri Besar or Chief Minister for a period of two years and may be reappointed. (3) Where any casual vacancy of the Council under subparagraphs (c) and (d) arises, the appropriate authority in question shall appoint any person to fill the vacancy. (4) Where any casual vacancy of the Council under subparagraph (h) above arises, the Chairman shall appoint any person to fill the vacancy. Meetings of the Council 8. (1) The Council shall meet at least once in every 3 months or more often as is considered necessary. (2) At least fourteen days notice in writing shall be given to members. (3) One third of the members of the Council present and entitled to vote at such meeting shall constitute a quorum. (4) Every member of the Council present shall be entitled to one vote. (5) In the event of an equality of votes the Chairman shall be entitled to a second or casting vote. (6) The Chairman shall chair all the meetings of the Council and of the Committee. In the absence of the Chairman one of the Deputy Chairman shall become the Chairman of such meeting. In the absence of the Deputy Chairman, the members present shall elect one of their members to be chairman of that meeting. Committee of Management 9. (1) The management of the affairs of the Council shall be vested in a Committee of Management which shall consist of— *NOTE—In its application to the Federal Territory Sports Council is modified by substituted with “a representative from the Treasury;” – see [P.U.(A)367/1988]. **NOTE—In its application to the Federal Territory Sports Council is modified by substituted for the word “State” the words “Federal Territory” – see [P.U.(A)367/1988]. (a) the Chairman; (b) the two Deputy Chairmen pursuant to paragraph 7(1)(b); (c) four members appointed under paragraph 7(1)(c); (d) two members appointed under paragraph 7(1)(d); *(e) the Director of the State Education Department or his representative; **(f) the State Finance Director or his representative; *(g) the State Youth and Sports Director; and (h) not more than three other persons who in the opinion of the Chairman can contribute to the development and promotion of sports. (2) The committee shall meet at least once every 3 months and seven days notice in writing thereof shall be given to all members. (3) The Committee shall be responsible for the carrying out of the functions and administration of the affairs and business of the Council. (4) At any meeting of the Committee one third of the total membership of the Committee shall constitute a quorum. (5) Any member of the Committee who absents himself from three consecutive meetings, either without satisfactory explanation or without leave of the Committee shall ipso facto cease to be a member thereof. (6) Where any vacancy arises in the Committee, the Committee shall appoint any person to fill the vacancy. Administration of the Committee 10. (1) The Committee may appoint a Director who shall be responsible for the day to day administration and management of the affairs of the Council and to perform such duties and exercise such powers as may be entrusted or delegated by the Committee or Chairman of the Committee acting on behalf of the Committee. (2) The Committee may appoint such other officers and servants as it may consider necessary for the efficient conduct of the affairs of the Council. *NOTE—In its application to the Federal Territory Sports Council is modified by substituted for the word “State” the words “Federal Territory” – see [P.U.(A)367/1988]. **NOTE—In its application to the Federal Territory Sports Council is modified by substituted with “the representative from the Treasury;” – see [P.U.(A)367/1988]. (3) The Director and other officers and servants of the Council shall be responsible to the Committee. (4) The Director, officers and servants of the Council shall hold office for such period, receive such salaries and allowances and be subject to such condition of service as may be determined by the Committee. Finance Fund 11. For the purpose of this Schedule, there is hereby established a State Sports Fund to be administered and controlled by the Committee— (a) into which shall be paid— *(i) such sums as may be provided from time to time by the State Authority; **(ii) all moneys earned by the operation of any project, scheme or enterprise financed from the Fund; (iii) such sums as may from time to time be borrowed by the Council upon terms and conditions approved by the Minister after consultation with the Minister of Finance and State Authority for the purpose of meeting any of its obligation or discharging any of its duties; (iv) all moneys earned or arising from any property, investment, mortgage, charges or debentures acquired by or vested in the Council; and (v) all gifts, donation and bequests from individuals companies, foundation and other sources; (b) out of which shall be defrayed— (i) all expenditure incurred by the Council in carrying out its functions; and (ii) moneys for the repayment of any loan made to the Council pursuant to its power to borrow. *NOTE—In its application to the Federal Territory Sports Council is modified by substituted for the word “State” the words “Federal Territory” – see [P.U.(A)367/1988]. **NOTE—In its application to the Federal Territory Sports Council is modified by substituted with “such sums as may from time to time be borrowed by the Council upon terms and conditions approved by the Minister of Finance and Federal Government for the purpose of meeting any of its obligations or discharging any of its duties;” – see [P.U.(A)367/1988]. Borrowing powers *12. The Council may, upon the conditions approved by the Minister, in consultation with the Minister of Finance and the State Authority borrow such sums as it may require for carrying out any of its function under this Act. Estimate of expenditure 13. (1) The Council shall provide the estimates of expenditure for every financial year and it shall be paid from the State Sports Fund. The estimate of expenditure shall be approved by the Minister, Menteri Besar or Chief Minister of the State. (2) The Director shall be responsible for the custody of all funds of the Council which shall be deposited with a bank approved by the Chairman. (3) All cheques drawn on the Account of the Council shall be signed by the Director and officers approved by the Committee. (4) The Financial Year of the Council shall be from the 1st January to the 31st December. Account and audit 14. (1) The Council shall keep proper accounts and other records in respect of its operation and shall prepare Statement of Accounts in respect of each financial year. (2) The accounts of the Council shall be audited annually by the Auditor General or his representative, State Auditor or auditors appointed by the Council with the approval of the Minister, Menteri Besar or Chief Minister of the State. (3) The accounts of the Council shall be audited within six months of the end of each financial year and within such period the Committee shall cause a copy of the statement of accounts in such manner as the Minister, Menteri Besar or Chief Minister of the State may require to be transmitted to them, together with a copy of any observation made by the State Auditor or auditors appointed by the Committee. Annual report 15. The Council shall not later than the 30th day of June of each year, cause to be made and transmitted to Minister, Menteri Besar or Chief Minister, a report dealing with the activities of the Council during the preceding year and containing such information relating to the proceedings and policy of the Council. *NOTE—In its application to the Federal Territory Sports Council is modified by substituted with “The Council may, upon the conditions approved by the Minister of Finance and the Federal Government borrow such sums as it may require for carrying out any of its function under this Act.” – see [P.U.(A)367/1988]. Secrecy and penalty 16. (1) Except for the purpose of this Act or of any criminal proceedings under this Act, no member, officer or servant of the Council shall disclose any information with respect to any individual business, which has been obtained by him in the course of his duties and which is not published in pursuance of this Act. (2) Any member knowingly contravening the above paragraph (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year. Penal Code 17. All members of the Council and any officer or servant of the Council shall be deemed to be a public servant within the meaning of the Penal Code. General 18. Subject to the provisions of this Act the Council may determine its own procedure. LAWS OF MALAYSIA NATIONAL SPORTS COUNCIL OF MALAYSIA ACT 1971