Sabah Cultural Board Enactment 1996

This Enactment may be cited as the Sabah Cultural Board Enactment 1996, and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint. [01.09.1996]

The Minister may appoint different dates for the coming into operation of different parts or provisions of the Enactment.

Interpretation.

As from the commencement of this Enactment there shall be constituted the

Sabah Cultural Board which shall be a body corporate with perpetual succession, capable of suing and being sued in its corporate name and with power to purchase or otherwise acquire, hold, and exchange or alienate or otherwise deal with in any lawful manner whatsoever, any property movable and immovable and to enter into contracts and generally to do such acts and things as a body corporate may do by law and as are

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necessary for, or incidental to, the carrying out of its objects and the exercise of its powers as set out in this Enactment.

The Board shall have a common seal which shall bear such device as the

Board may approve and such seal may from time to time be broken, changed, altered and made anew by the Board, as the Board may think fit.

Until a common seal is provided under subsection (2), a stamp bearing the inscription "The Sabah Cultural Board" may be used as the common seal of the Board.

Composition of Board.

The Board shall consist of the following members:

The members as specified in paragraphs (a), (b) and (g) of subsection (1)

shall be appointed by the Yang di-Pertua Negeri.

An ex-officio member may by instrument in writing addressed to the

Chairman appoint another officer in the public service of the State or the Federation as an

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alternate member who may attend on his behalf any meeting of the Board which such member is for any reason unable to attend and such alternate member when attending such meeting shall for all purposes be deemed to be a member of the Board.

Subject to the provisions of section 7 of this Enactment, a member, other than an ex-officio member and the General Manager, shall hold office for a period of three years from the date of his appointment, and shall be eligible for re-appointment.

Resignation and removal.

A member, other than an ex-officio member and the General Manager, may at any time resign his office by giving notice in writing to the Chairman.

The appointment of a member may at any time be revoked by the Yang di-Pertua Negeri if he thinks it expedient to do so.

Disqualification from membership.

a person who is of unsound mind or otherwise incapable of performing his duties or managing his affairs;

a person who is prohibited from being a director of a company under the provisions of any written law relating to companies;

a person who has been convicted of any offence involving fraud, dishonesty or moral turpitude; and

a bankrupt.

Vacation of office.

on his death;

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if he is absent from three consecutive meetings of the Board without the special leave of the Chairman or leave of absence granted under this

Enactment and the Board passes a resolution declaring his office vacant;

if he resigns his office;

if he becomes disqualified for membership under section 6 of this

Enactment;

if his appointment is revoked by the Yang di-Pertua Negeri.

Leave of absence.

If the office of a member, other than an ex-officio member and the General

Manager, becomes vacant, the Yang di-Pertua Negeri may appoint another suitably qualified person to fill such vacancy for so long only as the member in whose place he is appointed would have held office.

Where any member, other than an ex-officio member and the General

Manager, is prevented by illness, absence from the State or other like cause from performing his duties as a member, the Yang di-Pertua Negeri may appoint any suitably qualified person to act as deputy for such member during such period as he is so prevented from performing his duties.

Remuneration of members of Board.

The Board shall meet as often as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times as the Chairman may determine:

Provided that the Chairman shall not allow more than three months to elapse between such meetings.

Where not less than three members, by notice in writing signed by them and addressed to the Chairman, request that a meeting of the Board be held for any purpose specified in such notice the Chairman shall, within seven days of the receipt by him of such notice, convene a meeting accordingly.

Procedure of meetings.

The quorum necessary for the transaction of the business of the Board shall be five.

In the absence of the Chairman from any meeting of the Board, the Deputy

Chairman shall preside thereat and, in the absence of both the Chairman and the Deputy

Chairman, the members present shall elect one of their number to preside thereat.

Question arising at any meeting of the Board shall be decided by the votes of the majority of those present and voting thereon and in the case of an equality of votes the Chairman or other person presiding at such meeting shall have a second or casting vote.

Subject to the provisions of this Part, the Board shall have power to make standing orders to regulate its own proceedings.

Members interested not to act.

Any member who has or acquires, directly or indirectly by himself, his partner or agent –

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Any person who contravenes or fails to comply with the provision of this section commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Power to appoint committees.

Subject to the provisions of this Enactment, the Board may, for any general or special purpose, appoint such committees as it thinks desirable.

A committee may do all such things as may be necessary for the effective carrying out its functions but shall be subject to the general directions of the Board.

A committee shall consist of a Chairman and not more than five other persons.

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A committee may consist of persons who are not members of the Board.

Members of a committee may be paid such remuneration or allowance as the Board may, with the approval of the Minister, determine.

Meetings of a committee.

In the absence of the Chairman of a committee from any meeting of the committee such other member of the committee as may be elected by the members present shall preside over the meeting.

The quorum for the meeting of a committee shall be three.

Any question to be determined at any meeting of a committee shall be decided by the votes of the majority of those present and voting thereon, and in case of an equality of votes the person presiding shall have a second or casting vote.

A committee may invite to any of its meetings any person who can in its opinion contribute to its deliberations but such a person shall have no right to vote at the meeting.

Subject to this section and the directions of the Board, a committee shall regulate its own procedure.

Delegation of powers.

The Board may delegate to any committee, member, officer or servant of the

Board, such of its functions, as it may deem necessary or desirable.

Any function delegated under this section –

No delegation made under this section shall preclude the Board itself from exercising or performing at any time any of the functions so delegated.

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Power of Chairman to delegate.

Subject to the provisions of this Enactment and of any regulations made thereunder, the Chairman may delegate in writing to any member, officer or servant of the

Board the power and authority to carry out on his behalf such duties, powers or functions as he may determine.

The Chairman may at the time of delegating any power or authority under subsection (1) to any member, officer or servant, or at any time thereafter give directions as to the manner in which such delegated power or authority is to be exercised and may at any time revoke, modify or increase such delegation.

Execution of documents, etc.

The common seal of the Board shall be in the custody of the Chairman and shall not be used except in the presence of the Chairman or Deputy Chairman and one member and such use shall be authenticated by the signatures of such persons and such authentication shall be sufficient evidence that such seal was duly and properly fixed and that it is the lawful seal of the Board.

All documents, other than those required by law to be under seal, to which the Board is a party may be signed on behalf of the Board by the Chairman or any member or by any officer or servant generally or specially authorised in that behalf by the

Board.

Vacancy not to invalidate acts, etc.

No act or proceeding of the Board or any committee thereof shall be questioned on account of any vacancy among the members or on account of the appointment of any member having been defective.

Until the contrary is proved, every meeting of the Board or of any committee thereof shall be deemed to have been duly convened and held and all members present thereat shall be deemed to have been duly qualified.

A statement in any document to the effect that any function has been delegated under this Part shall, unless the contrary is proved, be evidence that such delegation has been lawfully made.

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Subject to section 21, the Board shall appoint a General Manager with the approval of the Minister, and such other officers and servants as may be necessary for carrying out its functions and duties under the Enactment.

Whenever the General Manager is prevented by illness, absence from the

State, or other like cause from performing his duties as such, or when the office of

General Manager is vacant, the Board may appoint one of its officers to perform the duties of General Manager during such period as the General Manager is so prevented from performing his duties or the said office is vacant.

Subject to the approval of the Government, the General Manager and other officers and servants of the Board shall be engaged on such terms and conditions as the

Board may think fit.

Restriction on alteration in establishment.

The General Manager shall be the chief executive officer responsible to the

Board and shall perform such duties and exercise such powers as may be determined or delegated by the Board.

Subject to the directions and control of the Board, all officers and servants of the Board shall be under the administrative control of the General Manager.

Officer or servant not to be interested in contracts.

No person shall be eligible for employment as an officer or servant of the

Board who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, for or on behalf of the Board.

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Any officer or servant of the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.

No officer or servant shall be deemed to have or acquired any such share or interest by reason only that -

to organize, arrange and coordinate trainings, seminars, workshops, forums, courses, lectures, culture researches or any other activities for the development of culture;

to conserve and preserve culture including to establish a mechanism for cultural conservation and giving advice, provide consultations or expertise to cultural bodies;

to assist in and encourage the development of local ethnic handicrafts;

to establish, maintain, coordinate and promote cultural centres and art galleries within or outside Sabah;

to establish a working relationship with any cultural body relating to culture within or outside Sabah; and

to do all such matters as may be incidental to or consequential upon the discharge of its functions under this Enactment.

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Registration of cultural bodies

An application for registration shall be in such form and accompanied by such documents or informations as may be prescribed.

Upon receipt of an application by a cultural body, the Board may –

An application for registration which is approved under this section shall be subject to conditions as the Board may impose.

A registered cultural body may apply to the Board for financial assistance for the purpose of carrying out its cultural activities.

Upon receipt of an application, the Board may approve any financial assistance subject to such terms and conditions as may be deemed necessary.

The Board may cancel or suspend the registration of cultural body if the

Board is satisfied that such cultural body –

There shall be established a Fund to be known as the "Sabah Cultural Fund"

which shall consist of –

The Fund may be applied in defraying the following charges:

The Board may, from time to time, with the approval of the Minister of

Finance, borrow money by the issue of debenture stock or otherwise as the Minister of

Finance may direct for the purposes of this Enactment.

The Board may, from time to time, for the purpose of this Enactment, raise loans from the Government, or with the consent of the Minister of Finance, borrow by way of a temporary loan or overdraft from a bank licensed under the provisions of the Banking and Financial Institutions Act 1989 [Act 372.], or otherwise.

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Loans may be secured by mortgage.

Subject to such conditions as the Minister may deem fit to impose in particular cases, the Board may, out of the Fund make loans in accordance with the provisions of this Enactment in that behalf, in the execution of its duties or in the discharge of its functions under section 24.

In making loan under the provisions of subsection (1) the Board may charge such rate of interest as it may deem fit in any particular case.

Every loan shall be repaid to the Board in accordance with the terms and conditions under which such loan was made and the money so paid shall thereupon be taken into the accounts of the Board.

Every mortgage to secure loan and every instrument or charge under the provisions of this Enactment shall be approved by the Board, and all costs, charges and expenses incurred in connection therewith shall be paid by the person to whom the loan is made.

Power to guarantee loans.

The Board shall before the commencement of each financial year cause to be prepared and shall adopt annual estimates of income and expenditure of the Board for the ensuing year.

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Supplementary estimates may be adopted by the Board at any of its meetings.

A copy of all annual estimates and supplementary estimates shall, upon their adoption by the Board, be sent forthwith to the Minister for his approval.

No expenditure shall be incurred by the Board which has not been included in the annual estimates or supplementary estimates adopted by the Board and approved by the Minister.

Accounts.

The Board shall cause –

The annual statement of accounts of the Board shall present a true and fair view of the financial position of the Board, and of the results of the operations of the

Board for the year to which it relates.

The financial year of the Board shall be the period commencing on the 1st day of January and ending on the 31st day of December in each year.

Audit and statement of accounts.

The accounts of the Board shall be audited by the Auditor-General.

The Board shall not later than the 31st day of July of each year submit the accounts of the Board for the preceding financial year to the Auditor-General for the purpose of audit.

The Board shall, when required by the Auditor-General, produce and lay before him all books and accounts of the Fund concerned, together with all vouchers in support thereof, and relating thereto, and the Auditor-General shall be entitled to require from the Board, or any member, officer, servant, or agent of the Board such information and explanation as he may deem necessary for the performance of his duties as an auditor.

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After the end of each financial year, as soon as the accounts of the Board have been audited, the Board shall cause a copy of the statement of accounts, together with a copy of any report made by the Auditor-General on that statement or on the accounts of the Board, to be sent to the Minister who shall lay the same before the

Legislative Assembly and cause a copy thereof to be published in the Gazette.

Annual report.

All moneys paid to the Board shall be paid into an account in such bank licensed under the provisions of the Banking and Financial Institutions Act 1989 [Act 372.]

as may be approved by the Board.

All orders against the said account shall be signed by the General Manager and countersigned by another officer of the Board authorised in writing in that behalf by the Board.

When tenders to be called.

The Minister may give to the Board directions of a general character, not inconsistent with the provisions of this Enactment, as to the exercise and performance by the Board of its functions and the Board shall give effect to any direction so given.

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The Board shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.

Land acquired compulsorily.

Where any immovable property, not being State land, is needed for the purposes of the Board and cannot be acquired by agreement, the Board may request the

Yang di-Pertua Negeri who may, if he thinks fit, direct the acquisition of such property, and in such case, such property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose and any declaration required under any such law that such land is so needed may be made notwithstanding that compensation is to be paid out of funds of the Board, and such declaration shall have effect as if it were a declaration that such land is needed for a public purpose made in accordance with such written law.

When any land is acquired compulsorily by the Government at the request and for the purposes of the Board under the provisions of any written law for the time being in force relating to such acquisition –

The Yang di-Pertua Negeri may at any time by order vest any State land or movable property of the Government in the Board where it appears desirable to do so to enable the Board to carry out its duties and responsibilities.

Property vested in the Board under this section may be so vested absolutely or subject to such terms and conditions as the Yang di-Pertua Negeri may think fit to impose.

Where any land is vested in the Board under this section a delivery of a copy of the order concerned shall, notwithstanding any provision of any State law to the contrary, be sufficient authority to any public officer charged with the responsibility for

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registering dealings with land or the issue of title thereto, and any such officer shall thereupon, without payment of fee, take all necessary steps to perfect the title of the

Board to such land.

Emergency powers of General Manager.

the General Manager shall not take any step under this section in contravention of any resolution of the Board duly passed at a meeting; and

he shall report anything done under this section to the next following meeting of the Board.

Power of suspension of Executive functions.

Except for the purposes of this Enactment or of any criminal proceedings under this Enactment, no member of the Board, or officer or servant of the Board, 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

Enactment.

Any person who contravenes or fails tp comply with the provision of this section commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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Protection against legal proceedings.

No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the Board or against the officer or servant appointed by the Board in respect of any act done or statement made bona fide in pursuance or execution or intended execution of this Enactment.

Where a person is exempted from liability by reason only of the provision of this section the Board is liable to the extent that it would be if such person were a servant or agent of the Board.

Public servants.