SARAWAK CRAFT COUNCIL ORDINANCE, 2023

This Ordinance shall come into force on such date as the

Minister may, by notification in the Gazette, appoint, and the Minister may appoint different dates for the coming into force of different parts or provisions of this Ordinance.

Interpretation

suing and being sued;

5

acquiring, holding, owning property, both moveable and immovable and the development thereof; and

carrying out such acts and having such obligations and incurring such liabilities as bodies corporate may lawfully do.

The Council shall for all purposes of the Land Code [Cap.

(1958 Ed.)] be deemed a native.

Composition of the Council

a Chairman;

a Deputy Chairman; and

not less than five and not more than nine other members, with appropriate knowledge, experience, and expertise in the development of craft and any matters connected therewith.

The members referred to in section 4(1) shall be appointed by the Majlis Mesyuarat Kerajaan Negeri.

The members shall hold office for a term not exceeding three years but are eligible for reappointment.

Notwithstanding subsection (3), the appointment of a member shall cease⎯

The Council may, subject to such conditions or restrictions as it thinks fit, delegate to the Chairman, any committee or the Chief

Executive Officer, the power and authority to exercise and carry out on its behalf such powers or functions vested in the Council under this

Ordinance as the Council may determine, and any power or function so delegated may be exercised or performed by the Chairman, any committee or the Chief Executive Officer, as the case may be, in the name and on behalf of the Council, but subject to the direction and control of the Council.

Remuneration, allowances, etc.

The common seal of the Council shall be authenticated by the signatures of its Chairman (or any other member duly authorized by resolution passed by the Council) and the Secretary, and when so authenticated, such common seal shall be judicially and officially noticed.

All documents and instruments which are not required by any written law to be executed under seal, to which the Council is a party, may be signed on behalf of the Council by the Chairman (or any other member authorized in writing by the Council) and the Secretary.

Functions of the Council

to promote traditional cultural expression and traditional knowledge;

to develop and stimulate the growth and maintain the standards of craft by various means, including the provision of research and advice;

to guide and assist craftsmen towards the use of modern methods of production, management, marketing and digital technology;

to monitor, develop and improve the quality and production of craft and maintain the standards thereof for local and foreign markets;

to promote marketing and export of craft;

to provide incentives, by way of awards, grants or other forms of monetary rewards, to any person or body of persons, actively involved in the promotion, perpetuation and development of craft;

to promote and encourage public interest, knowledge, appreciation, understanding, enjoyment, participation and involvement in the craft industry;

to advise Government on any matters connected with the development and promotion of craft;

to propose strategies and policies on the development of the craft industry; and

to do all such matters and things as may be incidental to or consequential upon the exercise of its functions under this

Ordinance.

Powers of the Council

Without prejudice to the generality of subsection (1), the

Council may⎯

8

The Council shall furnish the Minister such information, properties and records of its activities, accounts and financial affairs, as he may require from time to time.

10

The Chief Executive Officer shall:-

The Chief Executive Officer shall, subject to any policy or direction of the Council in relation to the execution of functions vested in the Council by this Ordinance, be responsible for the administration and management of the affairs of the Council and to carry out such other duties and responsibilities as the Council or the Minister may from time to time assign to him.

If the Chief Executive Officer is temporarily absent or incapacitated by reason of illness or for other sufficient reasons temporarily unable to perform his duties, any other officer may be appointed by the Minister to act in the place of the Chief Executive

Officer or to cover the duties of the post during any such period of absence from duty.

Appointment of other officers, employees and other persons

appoint such number of other officers and employees on such terms as to remuneration or otherwise as the Council may determine and may terminate their service or exercise disciplinary control over them in accordance with their terms of service, and subject to the provisions of this Ordinance; and

11

engage and remunerate such agents, advisors, consultants or other persons for their services as the Council considers necessary for carrying out its functions and powers under this Ordinance.

Standing Orders

their terms and conditions of service;

their pensions or other superannuation benefits of their employment;

other privileges and benefits which may be accorded to them; and

any other matters affecting their welfare and interests.

For the purpose of this section, “officers” shall include the

Chief Executive Officer.

Until and unless Standing Orders are made pursuant to subsection (1), the State Public Service General Orders, 1996 [Swk.

L.N. 1/96], which are not inconsistent with the provisions of this

Ordinance, shall apply, with such modifications as the Minister may direct, to all officers and employees of the Council.

Conduct and disciplinary procedure

The Fund shall include monies belonging to the Sarawak

Craft Council immediately before the commencement of this

Ordinance.

All monies including gifts, donations, contributions, fees, commissions, rentals or other levies collected by the Council or any other income or revenue obtained, received, raised, collected or earned by the Council shall forthwith be paid into such banks or other financial institutions as may from time to time be decided by the Council to the

Fund which shall be controlled and administered by the Council, subject to the directions of the Majlis Mesyuarat Kerajaan Negeri.

The Council shall open and maintain one or more accounts with such banks or other financial institutions in Malaysia as the

Council thinks fit, and any such accounts shall be operated by such persons as may from time to time be authorized in that behalf by the

Council.

Expenditure from the Fund

pay for expenses for carrying out all activities of the Council and generally for carrying out the provisions of this Ordinance;

pay all remunerations, benefits and privileges of or accorded to members, officers and employees of the Council and for payment of fees and other sums due to or claimed by agents, advisors, consultants, or other persons engaged or appointed by the Council;

13

repay any loans, liabilities or other borrowings of the Council including interests and financial charges accrued thereon;

pay for any other expenses lawfully incurred in the discharge or performance of its functions or the exercise of its powers under this

Ordinance; and

monies not immediately required to be expended in the meeting of any obligation or the discharge of any function of the

Council may be invested in any bank or financial institution licensed under the Financial Services Act 2013 [Act 758] or Islamic Financial

Services Act 2013 [Act 759], or in such other investments or securities as may from time to time be approved by the Council.

the State Attorney-General or any public officers authorized by him;

an advocate appointed by the Council; or

an officer of the Council duly authorized in writing by the Council , may appear and represent the Council in such proceedings before any court.

For the purpose of this section “civil proceedings” include an arbitration conducted under the Arbitration Act 2005 [Act 646] and any proceedings where the court exercises its additional powers under section 25(2) of the Courts of Judicature Act 1964 [Act 91].

Public Authorities Protection Act 1948

Any person who contravenes the provision of subsection (1)

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding three years or to both.

15

Rules

Without prejudice to the generality of subsection (1), rules may be made for the following purposes: