MARTIAL ARTS SOCIETIES ACT 1976

This Act shall apply throughout Malaysia.

Interpretation

generally to advise the Minister on matters pertaining to martial arts; and

to advise the Minister on any matter referred to the Council by the Minister.

The Council shall consist of the following members who shall be appointed by the Minister:

The Minister may in respect of each member appointed under paragraph (2)(c) appoint one person to be an alternate member to attend in place of the member at meetings of the Council that the member is for any reason unable to attend.

When attending meetings of the Council an alternate member shall for all purposes be deemed to be a member of the Council.

An alternate member shall unless he sooner resigns or his appointment is sooner revoked cease to be an alternate member when the member in respect of whom he was an alternate member ceases to be a member of the Council.

Terms and conditions of appointment, revocation and resignation

The appointment of any member may at any time be revoked by the Minister without assigning any reason therefor.

A member may at any time resign his office by letter addressed to the Minister.

Office deemed vacated

if he dies;

if there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

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if he becomes bankrupt;

if he is of unsound mind or is otherwise incapable of performing his duties;

if he absents himself from three consecutive meetings without leave of the Council;

in the event of his resignation being accepted by the

Minister; or

if his appointment is revoked.

Where any member ceases to be a member by reason of any of the provisions of this Act, a person shall be appointed in his place in accordance with the provisions applying.

Remuneration and allowances

The quorum of the Council shall be the Chairman or Deputy

Chairman and seven other members.

At all meetings of the Council the Chairman or, in his absence, the Deputy Chairman shall preside.

If on any question to be determined by the Council there is an equality of votes, the Chairman or Deputy Chairman shall have a casting vote in addition to his deliberative vote.

Subject to the provisions of this Act, the Council shall determine its own procedure.

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Council may invite others to meetings

Any minutes made of meetings of the Council shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every meeting of the Council in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

Validity of acts and proceedings

of any vacancy in the membership or of any defect in the constitution of the Council;

of the contravention by any member of the Council relating to the disclosure of interest by such member; or

of any omission, defect or irregularity not affecting the merits of the case.

The name and constitution of the national controlling body and the procedure to be followed in electing or appointing the persons to the national controlling body shall be determined by the majority of representatives of martial arts societies studying that form of martial arts, each society sending only one representative.

Where on the date of coming into operation of this Act, there is already, in respect of any form of martial arts, a national controlling body, such body shall be deemed to have been formed and shall function as if formed under this Act.

Where on the date of coming into operation of this Act, there are, in respect of any form of martial arts, more than one national controlling body, the Registrar may within three months thereof, by notice served on each of such bodies, require them to form one national controlling body.

Where on the date of coming into operation of this Act, there is, in respect of any form of martial arts, no national controlling bodies or there are more than one national controlling bodies and such bodies have failed to form a national controlling body within the period of three months, the Minister may establish a national controlling body which shall be deemed to be the national controlling body in respect of that form of martial arts.

A national controlling body established by the Minister shall consist of—

It shall be the function and duty of national controlling body—

Every member of a national controlling body shall be a

Federal citizen and where a non-citizen has been elected or appointed, his election or appointment shall be deemed to be void.

Registration of martial arts societies

Where on the date of coming into force of this Act any society registered under the Societies Act 1966 has as one of its objects or activities the study by its members of any form of martial arts, such society shall, within three months thereof, apply for registration as a martial arts society under this Act.

An application for registration as a martial arts society shall—

The Registrar may approve or reject the application without assigning any reason therefor.

Where the Registrar approves the application he shall register the society or body of persons as a martial arts society and shall issue a certificate of registration in the prescribed form.

The place specified in the application for registration as the place at which martial arts will be studied shall be registered as the place of study.

Any society registered under the Societies Act 1966 or body of persons which contravenes subsection (1) shall be guilty of an offence under this Act and shall be liable to a fine not exceeding two thousand ringgit.

New members, instructors and cessation from instruction or membership

the full name, identity card number, citizenship status, address and vocation of every new member who applies to study or practise the form of martial arts studied or practised by other members of that martial arts society;

the name of every person who ceases to be a member;

the name, identity card number, citizenship status, address and particulars of registration of the instructor, and of any new or additional instructor;

the name of the person who ceases to be an instructor and the date of cessation.

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A martial arts society shall not except with prior permission of the Registrar change or add to the form of martial arts to be studied by its members.

Any martial arts society which fails to comply with the requirements of subsection (1) or (2) shall be guilty of an offence under this Act and shall be liable to a fine not exceeding two thousand ringgit.

Restriction on place of study

he is registered as an instructor under this Act;

the place where instruction is carried out is a place of instruction of martial arts or is a place of study of a martial arts society; and

the person instructed is a member of a martial arts society.

An application for registration as an instructor shall—

The Registrar may, if satisfied that the applicant has the necessary qualifications and is a fit and proper person to be an instructor, register him as an instructor and shall issue a certificate of registration in the prescribed form.

The place specified in the application for registration as the place at which the instructor intends to instruct the form of martial arts shall be registered as the place of instruction and shall not be changed without the prior written permission of the Registrar.

A registered instructor shall from time to time inform the

Registrar in writing of—

if he is satisfied that the instructor—

has ceased to provide instruction in any form of martial arts to which the registration relates;

if he considers it in the public interest to do so.

The Registrar shall, before cancelling or suspending the registration of an instructor under subsection (1), give the instructor concerned a notice in writing of his intention to do so, specifying a date, not less than fourteen days after the date of the notice, upon which such cancellation or suspension shall be made and calling upon the instructor to show cause to the Registrar why such registration should not be cancelled or suspended.

If before the date referred to in subsection (2) the instructor fails to show cause to the Registrar why his registration should not be cancelled or suspended, his registration shall be cancelled or suspended but if the instructor shows cause, the Registrar shall decide and shall inform the instructor in writing of his decision.

If an instructor, after showing cause, is aggrieved by the decision of the Registrar he may within fourteen days after the receipt of the decision of the Registrar appeal to the Minister charged with the responsibility for registration of societies in writing whose decision shall be final.

Notwithstanding that an appeal had been made the decision of the Registrar shall take effect until it is reversed or varied by such Minister.

Restriction on study of martial arts

Notwithstanding subsection (1), the Registrar may exempt from the provisions of this Act, any organization or association in respect of which there is for the time being in force a certificate

(which may be granted, refused or cancelled at his discretion) by a person or authority appointed under the provisions of the written

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law for the time being in force relating to the registration of schools that such organization or association forms part of the curriculum of a school.

Any person who falls within any of the classes of persons mentioned in the Second Schedule shall not—

The Minister charged with the responsibility for registration of societies may by order published in the Gazette amend the

Second Schedule as he thinks fit.

Any person who contravenes subsection (1) or (3) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment not exceeding five years or to both.

Use of weapons

Any person who contravenes any order made under subsection

commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment not exceeding one year or to both.

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Application of Societies Act 1966 to this Act

applies for registration as a martial arts society; or

subsequent to its application, is registered as a martial arts society under this Act, shall in addition to the requirements of this Act, comply with the provisions of the Societies Act 1966:

Provided that no separate application shall be required for registration of a body of persons as a society under the Societies

Act 1966 and that upon the registration of such body of persons as a martial arts society under this Act, it shall be deemed to have been also registered as a society under the Societies Act 1966.

The expression “society” in the Societies Act 1966 shall, unless the context of this Act otherwise requires, be deemed to include a martial arts society registered under this Act and the power of the Minister charged with the responsibility for registration of societies to make regulations under section 67 of the Societies

Act 1966 shall be deemed to extend to and to include martial arts societies registered under this Act.

Effect of cancellation under Societies Act and this Act on societies and martial arts societies

Where the registration of a martial arts society under this

Act has been cancelled, such cancellation shall not, if it was a society registered under the Societies Act 1966 and subsequent to such registration was registered as a martial arts society under this

Act, affect its registration as a society under that Act.

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Restrictions on registration and licensing of societies, business, etc.

any society under the Societies Act 1966 which has as one of its objects or activities the instruction or study of any form of martial arts;

any business, partnership, proprietorship or firm under the *Registration of Businesses Act 1956 [Act 197], the

Trades Licensing Ordinance of Sabah [Cap. 144], or the

Businesses, Professions and Trade Licensing Ordinance of Sarawak [Cap. 33] one of whose purpose is the instruction or study of any form of martial arts; or

any company under the Companies Act 1965 [Act 125]

which has as one of its objects the instruction or study of any form of martial arts, without the approval in writing of the Registrar and such applicant shall submit together with his application such approval.

The registration or licensing of such society, business, partnership, proprietorship, firm or company without such approval shall be deemed to be void.

Where on the date of coming into operation of this Act—

No person or company shall, unless the business, partnership, proprietorship or firm or company is registered in accordance with subsection (1) or if in existence on the date of coming into operation of this Act, unless written permission is obtained from the Registrar within the period specified in subsection (3), carry on as one of his business activities or as one of its objects the instruction of any form of martial arts.

Any person who contravenes subsection (4) shall be guilty of an offence and shall be liable to a fine not exceeding five thousand ringgit or to imprisonment not exceeding two years or to both.

a company, every person who at the time the offence was committed was a director, general manager, manager, secretary or other officer of the company concerned in the management of the company in Malaysia or who was purporting to act in any such capacity; or

a society, every person who at the time of the commission of the offence is an office-bearer or a person managing or assisting in the management of the society, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly:

Provided that it shall be a defence for such person, if he proves that the offence was committed without his consent or connivance and that he had exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and to all other circumstances.

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For the purpose of this section—

Where the agent or servant of a person (such person being hereinafter in this section referred to as “the principal”) does anything or omits to do anything (which if done or omitted to be done by the principal would constitute an offence under this Act)

the principal shall, notwithstanding that he has no knowledge of the offence, be deemed guilty of the offence and be liable to punishment for the offence:

Provided that it shall be a defence for the principal, if he proves—

Where the agent or servant of the principal does anything or omits to do anything (which if done or omitted to be done by the principal would constitute an offence under this Act) such agent or servant shall also be guilty of that offence.

The provisions of this section shall be in addition to and not in derogation from any other provisions of this Act.

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Search without warrant

search any person found therein provided that a female may be searched only by another female;

detain any person found therein until the search has been completed;

inspect or make extract from or take possession of any books, accounts, writings, banners, list of members, insignia, arms, and any other articles.

Where an officer exercises the power of search pursuant to subsection (1) he shall prepare a list (signed by him) of all articles seized in the course of the search and shall without undue delay send personally or by post a copy thereof to the owner or occupier of the premises or to his representative.

The officer shall permit the occupier of the premises or his representative to witness the search.

Arrest

prescribe the manner of training and the standards to be attained by person before he can attain any grade in any martial art or before he can be registered as an instructor;

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prescribe the examinations that person may be required to pass before he can qualify as instructor or can attain any grade in any martial art;

specify the qualifications obtained locally or abroad that may be recognized;

establish and regulate centres for the study, practice and instruction of any martial art;

fix fees and exempting any person or class of persons from the payment of such fees; and

prescribe the offences and provide punishments therefor, such punishment not to exceed a fine of one thousand ringgit or imprisonment not to exceed six months or to both.

The Minister charged with the responsibility for registration of societies may after consultation with the Minister make regulations to—

hsing-i

tang lang

karate-do

iai-do

taekwan-do

found guilty of any offence affecting life, offence of hurt for any reason, extortion or robbery or gang robbery under any of the Penal

Code [Act 574] or of an offence of attempt to commit any of the foregoing offences;

subjected to an order by the Chief Police Officer under section 13 of the Public Order (Preservation) Act 1958 [Act 296] and which order have not been cancelled;

registered under section 12 of the Prevention of Crime Act 1959

[Act 297];

placed under police supervision under section 295 of the Criminal

Procedure Code [Act 593], section 12 of the Criminal Procedure Code

[S.S. Cap. 21], or section 247 of the Sabah or Sarawak Criminal

Procedure Code [Sabah 4/59; Sarawak Cap. 58];

detained under an order under section 8 of the Internal Security Act 1960 [Act 82] and which order have not been cancelled or revoked;

subjected to restricted residence under section 2 or placed under police supervision under section 2A of the Restricted Residence Act 1933 [Act 377].

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Act 170

LIST OF AMENDMENTS

Amending law

Short title

In force from

P.U. (A) 281/2002

Revision of Laws (Rectification 12-07-2002

of Martial Arts Societies

Act 1976) Order 2002

P.U. (A) 225/2003

Revision of Laws (Rectification 27-06-2003

of Martial Arts Societies

Act 1976) Order 2003

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Act 170

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

– NIL –

KUALA LUMPUR