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Merdeka Stadium Corporation Act 1963 (Revised 1990)

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Act 433

MERDEKA STADIUM

CORPORATION ACT 1963

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

2 Laws of Malaysia ACT 433

MERDEKA STADIUM CORPORATION ACT 1963

First enacted ... ... ... ... ... ... 1963 (Act No. 11 of 1959)

Revised ... ... ... ... ... ... ... 1990 (Act 433 w.e.f. 31 March 1990)

PREVIOUS REPRINT

First Reprint ... ... ... ... ...2001

Merdeka Stadium Corporation 3

LAWS OF MALAYSIA

Act 433

MERDEKA STADIUM CORPORATION ACT 1963

ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Interpretation

3. Establishment of Corporation

4. Powers of the Corporation

5. Members of the Corporation

6. Vacancy in office on declaration of the Minister

7. Procedure of the Corporation

8. Instruments executed or issued by or on behalf of the Corporation

9. Grants-in-aid by Government

10. Finances of the Corporation

11. Accounts and audit

12. Annual reports and periodical returns

13. Corporation's power to make rules

14. Application of Public Authorities Protection Act 4 Laws of Malaysia ACT 433

Merdeka Stadium Corporation 5

LAWS OF MALAYSIA

Act 433

MERDEKA STADIUM CORPORATION ACT 1963

An Act to establish the Merdeka Stadium Corporation and to provide for purposes incidental thereto.

[26 December 1963, L.N. 342/1963]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the Merdeka Stadium Corporation Act 1963.

Interpretation

2. In this Act, unless the context otherwise requires-- "member" means a member of the Corporation appointed under section 5;

"Minister" means the Minister for the time being charged with responsibility for the Corporation;

"revenue" includes grants made to the Corporation. Establishment of Corporation

3. (1) There is hereby established a body which shall be a body corporate by the name of the "Merdeka Stadium Corporation" (hereinafter referred to as "the Corporation") and shall have perpetual succession and may sue and be sued in its corporate name and may enter into contracts.

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(2) The Corporation shall have a common seal and may from time to time make, change, alter, and make anew the said seal as the Corporation deems fit, and until a seal is provided under this section a stamp bearing the inscription "Merdeka Stadium Corporation" may be used as a corporate seal.

Powers of the Corporation

4. (1) The Corporation shall manage and maintain the Merdeka Stadium in accordance with the powers conferred upon it by this section.

(2) The Corporation shall have power--

(a) to establish, manage and maintain any stadium or any facilities for use in connection with any such sports, games, athletics, recreations, pastimes, exhibitions and parades as the Corporation deems fit;

(b) to acquire by purchase, gift or otherwise movable and immovable property and any interest therein, and to dispose of or otherwise deal with any movable or immovable property or any interest therein so acquired by the Corporation;

(c) to erect any building on any immovable property of the Corporation and lay out and prepare such property for any sports, games, athletics, recreations, pastimes, exhibitions and parades which may be suitably or

conveniently be held thereon, to provide stands, pavilions, gymnasiums, refreshment rooms, shops, stalls, lavatories and such other amenities and conveniences in connection therewith as the Corporation deems fit and to maintain, or reconstruct any building standing on the Corporation's land;

(d) to hold or promote any sports, games, athletics, recreations, pastimes, exhibitions and parades, and to grant or contribute toward prizes, awards and distinctions;

(e) to carry on the business of licensed victuallers and refreshment purveyors;

(f) to appoint such officers, agents and servants, on such terms as to remuneration and otherwise as it may determine; Merdeka Stadium Corporation 7

(g) with the consent of the Minister to use or permit the use of the property of the Corporation for such purposes in addition to those hereinbefore referred to as it may determine;

(h) to set up committees, which may consist of or include persons who are not members of the Corporation, to advise or assist the Corporation on such matters concerning its powers and functions as it considers fit, and the Corporation may delegate, subject to such conditions and restrictions as it may impose, such of its powers and functions as it considers fit to any of such committees and any act done or decision made by the committee pursuant to such delegation shall be deemed to be the act or decision of the Corporation; and

(i) to authorize the Chairman to set up ad hoc committees of the Corporation from time to time, for such purposes and upon such terms, conditions and restrictions as the Corporation may consider appropriate.

(3) The Minister may, after consultation with the Corporation, require it to permit the use by the Government of any stadium managed or maintained by it, upon such terms and conditions (which shall include payment of adequate compensation in respect of such use) as may be agreed upon by the Minister and the Corporation or as may be prescribed.

Members of the Corporation

5. (1) The Corporation shall consist of the following members: (a) not less than five and not more than nine persons to be appointed by the Minister; and

(b) five persons appointed by the Minister to represent sports organizations.

(2) There shall be a Chairman of the Corporation who shall be appointed by the Minister from among the members. (3) The Minister may, in his discretion, appoint a Deputy Chairman from among the members.

(4) A member shall hold office for such term (not exceeding three years at any one time) as may be specified in the letter appointing him to be a member.

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(5) A member shall, except as provided in section 6, be eligible for reappointment.

(6) Save as aforesaid and subject to this Act the Chairman, Deputy Chairman or any member may by writing under his hand addressed to the Minister resign his office.

Vacancy in office on declaration of the Minister

6. If the Minister is satisfied that a member-- (a) holds any office or appointment in which his duties or interests are likely to conflict with his duties or his interests to the Corporation; or

(b) having been appointed under paragraph 5(1)(b) has ceased to be eligible to be appointed under that paragraph; or (c) has been absent from three consecutive meetings of the Corporation without the permission of the Chairman; or (d) has become bankrupt or has made an arrangement with his creditors; or

(e) is incapacitated by physical or mental illness; or (f) is otherwise unable or unfit to discharge the functions of a member,

he may declare the office of that member to be vacant and thereupon the office shall become vacant.

Procedure of the Corporation

7. (1) The quorum at any meeting of the Corporation shall be half of the members appointed.

(2) At all meetings the Chairman or, in his absence, the Deputy Chairman or, in the absence of both of them, such member as the members present may elect, shall preside.

(3) All questions arising at a meeting shall be decided by a majority of the members present and voting thereon at that meeting and, in case of equality of votes, the person presiding at the meeting shall have a second or casting vote.

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(4) A member present at a meeting shall if he is in any way, directly or indirectly, pecuniarily interested in any contract, proposed contract or any other matter, discussed at such meeting, declare the nature of his interest to the Corporation and shall not thereafter be present during the consideration or discussion of the matter and shall not vote on any question relating thereto.

Instruments executed or issued by or on behalf of the Corporation

8. (1) The seal of the Corporation shall when affixed to a deed, document or other instrument be affixed in the presence of and attested by the Chairman or Deputy Chairman and one other member. (2) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed on behalf of the Corporation by any person generally or especially authorized by the Corporation for that purpose.

(3) Any deed, document or other instrument purporting to be duly executed or issued under the seal of the Corporation or on behalf of the Corporation shall, until the contrary is proved, be deemed to be so executed or issued.

Grants-in-aid by Government

9. The Government may from time to time make to the Corporation such grants as it deems fit.

Finances of the Corporation

10. (1) There shall be established a fund to be called the National Stadium Corporation Fund (hereinafter referred to as "the Fund") into which shall be paid all revenues and receipts of the Corporation and from which shall be made all payments by the Corporation. (2) The revenues of the Corporation for any financial year shall be applied for--

(a) the payment of salaries, remunerations and allowances of the officers, agents and servants of the Corporation; (b) the payment of allowances to the members of the Corporation or of the committees established under section 4, as may be determined by the Minister;

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(c) meeting the expenses incurred by the Corporation in exercising and discharging its functions; and

(d) the maintenance and renewal of the property of the Corporation chargeable to the revenue.

(3) The amount remaining of the revenues of the Corporation for any financial year, after defraying the charges referred to in subsection (2), shall be applied in making good any deficiencies in the revenue carried forward from previous years, and the balance, if any, of that amount, after making good those deficiencies, shall as soon as may be after the end of that year be carried to a general reserve account.

(4) Moneys standing to the credit of the general reserve account at the end of each financial year may be employed in the undertakings of the Corporation.

(5) Moneys of the Fund which are not required to be expended in the discharge of any of the functions of the Corporation shall, if invested, be invested by the Corporation in investments for the time being authorized by law for the investment of trust funds: Provided that the Corporation shall not make any investment in securities issued or registered, or other property situated, outside Malaysia except with the approval of the Minister of Finance to the making of that investment.

Accounts and audit

11. (1) The Corporation shall keep proper accounts and records and shall prepare in respect of each financial year a statement of accounts in such form as the Minister of Finance may direct. (2) The accounts of the Corporation shall be audited by an auditor to be appointed by the Corporation with the approval of the Minister of Finance.

(3) So soon as its accounts have been audited the Corporation shall send a copy of the statement of accounts referred to in subsection (1) to the Minister and the Minister of Finance, together with a copy of any observations made by the auditor on any statement of accounts of the Corporation.

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(4) The Minister shall cause a copy of every statement and observations referred to in subsection (3) to be laid before each House of Parliament.

Annual reports and periodical returns

12. (1) The Corporation shall, as soon as may be after the end of each financial year, make a report to the Minister, dealing generally with its activities during that year and its proposed undertakings for the ensuing year and the report shall contain such information with respect of the proceedings and policy of the Corporation as the Minister may require.

(2) The Minister shall cause a copy of every report referred to in subsection (1) to be laid before each House of Parliament. (3) The Corporation shall furnish to the Minister such financial and statistical returns or such other report on the financial position of the Corporation as the Minister may from time to time require. Corporation's power to make rules

13. The Corporation may, subject to the approval of the Minister, make rules--

(a) to regulate the proceedings of the Corporation, the calling of meetings and the transaction of business;

(b) for the appointment of committees;

(c) to allocate duties to, and to regulate the exercise of executive powers by, the Corporation, committees and the officers of the Corporation;

(d) to regulate the transaction of all business connected with any stadium;

(e) to regulate the appointment, conduct and dismissal of officers and servants of the Corporation;

(f) to prescribe the terms and conditions under which a stadium may be used by the Government;

(fa) to prescribe the terms and conditions under which a stadium may be used by any person other than the Government; and

(g) to prescribe the charges to be made for admission to a stadium.

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Application of Public Authorities Protection Act

14. (1) The Public Authorities Protection Act 1948 [Act 198], shall apply to any action, suit, prosecution or proceeding against the Corporation or against any member, officer, servant or agent of the Corporation in respect of any act, neglect or default done or committed by him in such capacity.

(2) All members, officers and servants of the Corporation shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

Merdeka Stadium Corporation 13

LAWS OF MALAYSIA

Act 433

MERDEKA STADIUM CORPORATION ACT 1963

LIST OF AMENDMENTS

Amending law Short title In force from

Act A666 Merdeka Stadium Corporation 16-01-1987

(Amendment) Act 1987

P.U. (A) 406/1991 Revision of Laws (Rectification) 31-03-1990 Order 1991

P.U. (A) 224/2003 Revision of Laws (Rectification of 27-06-2003 Merdeka Stadium Corporation Act

1963) Order 2003

14 Laws of Malaysia ACT 433

LAWS OF MALAYSIA

Act 433

MERDEKA STADIUM CORPORATION ACT 1963

LIST OF SECTIONS AMENDED

Section Amending authority In force from

3 Act A666 16-01-1987

4 Act A666 16-01-1987

5 Act A666 16-01-1987

6 Act A666 16-01-1987

9 Act A666 16-01-1987

12 Act A666 16-01-1987

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA