* National Sports Institute Act 2011

Original Language Title: *National Sports Institute Act 2011

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Road Transport 1 laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES 729 Act ACT NATIONAL SPORTS INSTITUTE 2011 As at May 15, 2016 2 ACT NATIONAL SPORTS INSTITUTE 2011 date of Assent............ 5 August 2011, the date of publication in the Gazette......... 18 August, 2011 3 laws of MALAYSIA Act 729 ACT NATIONAL SPORTS INSTITUTE 2011 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II NATIONAL SPORTS INSTITUTE 3. The establishment of the Institute 4. Seal 5. The Institute functions 6. The Institute's power 7. Membership of the Institute 8. The term of Office 9. Temporary exercise of functions of the Chairman 10. Revocation of appointment and the resignation of the 11. Vacation of Office and filling casual vacancies 12. Allowances 13. Secretary 14. Instructions by the Minister 15. Statements, reports, accounts and information 4 laws of Malaysia ACT Section 729 16. Delegation of functions and powers of the Institute 17. The Institute may establish committees PART III CHIEF EXECUTIVE OFFICER, officers and EMPLOYEES of the INSTITUTE of 18. Powers and duties of Chief Executive Officer 19. Intake services officers and other employees of Institute 20. Financial assistance to officers, employees and other persons PART IV SERVICES in SPORTS SCIENCE and SPORTS MEDICINE 21. Services to national sports Council 22. Program to identify potential athletes, 23. Part V database research, development and COMMERCIALIZATION of 24. Satellite Centre 25. Research in sports science and sports medicine 26. Property in finding research 27. Access to the findings of research and facilities 28. Commercialization of research findings PART VI Finance 29. The funds of the National Institute of sport National Sports Institute 5 section 30. Expenses shall be charged to the Fund as of 31. Conservation Fund 32. 33 reserve fund. Expenses and the preparation of the estimate of 34. Financial year 35. Account and report 36. Bank account 37. Act statutory bodies (accounts and annual reports) 1980 PART VII POWER INSTITUTIONS 38. Power to borrow 39. Power to invest 40. Power to employ agents, etc.
41. The power to establish the company 42. Financial assistance to companies established by the Institute, etc.

PART VIII GENERAL 43. The obligation to maintain the confidentiality of 44. Protection from legal action and legal proceedings 45. Public authorities Protection Act 1948 46. Public servants 47. The power to make regulations 48. Actions done in anticipation of the making of this Act table 7 laws of MALAYSIA Act 729 NATIONAL SPORTS INSTITUTE 2011 ACT an act to provide on the establishment of the National Sports Institute, to declare the functions and powers of the Institute, and to provide for other matters related or incidental thereto.

[16 September 2011, P.U. (B) 503/2011]


Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the National Sports Institute Act 2011.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.


Interpretation 2. In this Act, unless the context otherwise requires — "athletes" have the same meaning assigned to it by the Sports Development Act 1997 [Act 576];
8 laws of Malaysia ACT 729 "athletes" means athletes receive training and participate in the competition or sporting events;
"athletes who are potentially" means the athletes have excellent physical capabilities according to age and ability locomotor skills and can receive emotional intelligence learning process very well and have high competitive spirit;
"sports bodies" have the same meaning assigned to it by the Sports Development Act 1997;
"Government entity" means — (a) the Federal Government, any State Government or local government; and (b) any Ministry, Department, Office, agency, authority, Commission, Board, Council, Committee or other body, incorporated or unincorporated, for the Federal Government, any State Government or local government, whether established under any written law or otherwise;

"Institute" means the National Sports Institute, which was established under section 3;
"Chief Executive Officer" means the Chief Executive Officer appointed under subsection 18 (1) and includes any Deputy Chief Executive Officer directed under subsection 18 (6) to perform the duties of the Chief Executive Officer;
"Fund" means the Fund National Sports Institute established under section 29;
"The National Sports Council" means the National Sports Council of Malaysia which was established under the Malaysian National Sports Council Act 1971 [Act 29];
"Minister" means the Minister charged with the responsibility for sport;
National Sports Institute 9 "Chairman" means the Chairman of the Institute appointed under paragraph 7 (1) (a);
"sports medicine" means the practice of medicine by a medical practitioner in prevention, diagnose and manage injuries and medical conditions in relation to sport and exercise activities;
"sports science" means the areas related to the application of scientific principles to improve sports performance.


PART II NATIONAL SPORTS INSTITUTE establishment of Institute 3. (1) a body corporate by the name "National Sports Institute" was established.

(2) the Institute shall have perpetual succession and a common seal and may sue and be sued (s).

(3) subject to and for the purposes of this Act, the Institute may, on such terms as he thinks fit — (a) enter into contracts;
(b) acquire, purchase, take, hold and enjoy any kind of movable and immovable property; and (c) transfer, assign, surrender, refund, charge, charge the mortgagor, mendemis, lease, assign your resale, transfer or otherwise dispose of, or make travel arrangements of any movable or immovable property or any

interest vested in the Institute.


10 laws of Malaysia ACT 729 seal 4. (1) the common seal of the Institute shall have a device approved by the Institute and the seal can be broken, changed, altered and made new as it deems fit by the Institute.

(2) the seal shall be kept in the custody of the Chief Executive Officer or any officer authorised by the Chief Executive Officer, and shall be authenticated by either the Chief Executive Officer or by any other officer authorised by the Ceo in writing.

(3) all deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (2) shall, until the contrary is proved, be deemed to have been validly executed.

(4) any deeds, documents and other instruments which, if executed by a person not being a body corporate, is not required in order to be sealed may be executed in a manner similar to an officer or employee of the Institute authorized for that purpose.

(5) the common seal of the Institute shall be officially and judicially noticed.


The Institute functions 5. The functions of the Institute are — (a) to advise the Minister on any matter relating to scientific aspects in relation to the athlete's performance;
(b) to formulate, recommend and review the scientific methods and measures that improve the performance of athletes;
National Sports Institute 11 (c) to cooperate with any government entities, institutions of higher learning, public or private body or any organization in this program to identify potential athletes for excellence in sport;
(d) to provide scientific advice, consultancy and related services in sports science and sports medicine;
(e) to establish and maintain relationships and alliances with any person, body or organization involved in the development of sports science and sports medicine, inside and outside Malaysia;
(f) to prepare and carry out the medical examination and treatment necessary for athletes;
(g) to be a centre of information, resource centre and referral centre for sports science and sports medicine;
(h) to collect, manage and disseminate information and maintain records on all matters relating to the scientific aspects of the athlete's performance;
(i) to carry out and coordinate the activities of research, development and innovation in the field of sports science, sports medicine and other related areas he may deem necessary; and (j) to do such other things as it thinks fit to enable it to perform its functions effectively or incidental to the performance of its functions.


Power Institute 6. (1) the Institute shall have power to do all things expedient or reasonably necessary or incidental to the exercise of its functions.
12 laws of Malaysia ACT 729 (2) without prejudice to the generality of subsection (1), power Institute include power — (a) to carry out courses and training programmes in the field of sports science and sports medicine;
(b) to restructure and determine the components of sports science and sports medicine in any programme for athletes ' preparation and assist in its implementation, in and outside Malaysia;
(c) to supervise sports science techniques in any programme for athletes ' preparation and provision of technical support is necessary;
(d) to exercise and perform any inspection, testing and evaluation of physical or otherwise, in any program to identify potential athletes;
(e) to examine, test and evaluate competency trainers with regard to skills and techniques in sports science;
(f) subject to subsection (3), to establish, maintain and administer clinics, pharmacies, laboratories and other facilities for sports medicine;
(g) to establish and maintain any place or facility where scientific service, advice, consultancy, research and related services in the field of sports science and sports medicine can be provided;
(h) to farm activities relating to research, development and innovation in the field of sports science, sports medicine and other related areas;
(i) to facilitate and conduct training in sports science and sports medicine in association or associated, in combination or joint venture with any government entities, institutions of higher learning, public or private body or organization;
National Sports Institute 13 (j) to make the negotiations, agreement or arrangement with any person, body or organisation, in or outside Malaysia, as he may deem fit for the discharge of its functions;
(k) to acquire, hold, dispose of or give rights in connection with any findings of research carried out by or for the Institute;
(l) to impose fees or any other charges that may think fit for the use of any facilities relating to research, testing, advice or any other services provided by the Institute;
(m) to collect and receive any money in connection with the use of its facilities and in consideration of other services provided by the Institute;
(n) to make contributions to organizations, within or outside of Malaysia, the Institute is its members or to any organization relating to sports science and sports medicine as determined by the Minister; and (o) to make all things expedient or necessary for or incidental to the performance of its functions under this Act.

(3) Authority Institutes under paragraph (2) (f) shall be subject to any written law relating to the creation, maintenance and administration of any clinic, pharmacy, laboratories and other facilities.


Membership of the Institute of 7. (1) the Institute shall consist of the following members: (a) the Chairman who shall be appointed by the Minister;

(b) the Chief Executive Officer;
14 laws of Malaysia ACT 729 (c) Secretary-General of the Ministry charged with the responsibility for sport or his/her representative;

(d) the Secretary-General of the Ministry being charged

with the responsibility for finance or his/her representative;

(e) the Secretary-General of the Ministry charged with the responsibility for health or his/her representative;

(f) the Secretary-General of the Ministry charged with the responsibility for higher education or his/her representative;

(g) the Secretary-General of the Ministry charged with the responsibility for education or his/her representative;

(h) the Director General of the National Sports Council or his representative;

(i) the President of the Olympic Council of Malaysia or his/her representative; and (j) not more than five other members appointed by the Minister, which in the opinion of the Minister, have special skills, experience, qualifications and professionalism in matters relating to sports science and sports medicine.

(2) the provisions of the Schedule shall apply to the Institute.

(3) the Minister may amend the provisions of the Schedule by order published in the Gazette.


The term of Office 8. (1) subject to any conditions specified in the instrument of appointment, a member of the Institute appointed under paragraph 7 (1) (a) or (j) shall, unless he first put or clear his Office or his appointment is sooner revoked, hold office for a period not exceeding three years.

National Sports Institute 15 (2) a member of the Institute appointed under paragraph 7 (1) (a) or (j) shall be eligible for re-election.


Temporary exercise of functions of the Chairman 9. (1) the Minister may appoint temporarily any member of the Institute, apart from the Chief Executive Officer to act as Chairman in the period when — (a) the Chairman is empty;

(b) the Chairman is not present on duty or not available in Malaysia;
or (c) the Chairman, for any other reason, unable to perform the duties of his Office.

(2) a member appointed under subsection (1) shall, within her function as Chairman under this section, be deemed to be the Chairman.


Revocation of appointment and resignation of 10. (1) the appointment of any member of the Institute appointed under paragraph 7 (1) (a) or (j) may at any time be revoked by the Minister.

(2) a member of the Institute may at any time resign his Office by a written notice addressed to the Minister.


Vacation of Office and filling casual vacancies 11. (1) the Office of a member of the Institute appointed under paragraph 7 (1) (a) or (j) shall be vacated if — (a) he dies;
16 laws of Malaysia ACT 729 (b) has been proved against him, or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to or in lieu of a fine) for a term exceeding two years;

(c) his actions, whether related to its obligations as a member of the Institute or otherwise, is behavior detrimental to the name of the Institute;

(d) he becomes bankrupt;

(e) he is not of unsound mind or otherwise is unable to meet its obligations;

(f) he did not attend the meeting Institute three times consecutive-also without the permission of the Chairman or, in the case of the Chairman, without the consent of the Minister;

(g) his appointment is revoked by the Minister; or (h) resignation accepted by the Minister.

(2) If a member appointed under paragraph 7 (1) (a) or (j) cease to be a member of the Institute, the Minister may appoint another person to fill the vacancy for the remaining period of the Member who vacated the position appointed in accordance with the provisions of the case.



National Sports Institute 17 Allowance 12. Members of the Institute shall be paid such allowances as determined by the Minister after consultation with the Minister of finance.


Secretary of the 13. The Institute shall appoint a Secretary to the Institute.


Directions by Minister 14. (1) the Institute shall be responsible to the Minister.

(2) the Minister may give directions of a General Institute in accordance with the provisions of this Act relating to the implementation of the functions and powers of the Institute and the Institute shall give effect to such directions.


Statements, reports, accounts and information 15. The Institute shall give the Minister such statements, reports, accounts and information relating to the property and its activities as required or directed by the Minister.


Delegation of functions and powers of the Institute 16. (1) the Institute shall, subject to subsection (2) and any conditions, limitations or restrictions as he may think fit to impose, delegate in writing any of its functions or powers, except the power to borrow money, providing loans, set up the company or make any subsidiary legislation, to — (a) any member of the Institute;
18 laws of Malaysia ACT 729 (b) any Committee established by the Institute; or (c) any officer or employee of the Institute, and any function or power delegated such can be implemented or carried out by members of the Committee, officer or employee, as the case may be, in the name and on behalf of the Institute.

(2) a member, Committee, officer or employee with delegated such functions and powers shall be bound to observe and note are all conditions, limitations or restrictions imposed by the Institute.

(3) the Institute may delegate to the Chief Executive Officer the authority to authorize expenditures from the Fund or any other vested in or under the control of the Institute to the extent specified by the Institute.

(4) a delegation under this section shall not prevent its own Institute of performing or perform at any time any of the functions or powers delegated it.


The Institute may establish committees 17. (1) the Institute may establish such committees as it may deem necessary or expedient to assist it in carrying out its functions under this Act.

(2) a Committee established under subsection (1) shall consider matters referred to it by the Institute and make suitable recommendations thereon to the Institute.

(3) the Institute may elect any of its members or any

some other person to be the Chairman of a Committee established under subsection (1).

National Sports Institute 19 (4) the Institute may appoint any person to be a member of a Committee.

(5) a Committee may regulate its own procedure and, in the exercise of its powers under this subsection, the Committee shall be subject to and act in accordance with any instructions given to the Committee by the Institute.

(6) meetings of a Committee shall be held at any time and at any place as shall be determined by the Chairman of the Committee.

(7) a Committee may invite any person to attend any meeting of the Committee for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.

(8) a member of a Committee or any person invited under subsection (7) to attend any meeting of a Committee may be paid such allowances and other expenses as determined by the Institute.

(9) a member of the Committee shall hold office for such period as may be specified in the instrument of appointment and shall be eligible for re-election.

(10) the Institute may, at any time revoke the appointment of any member of a Committee.

(11) a member of the Committee may at any time resign his Office by a written notice addressed to the Chairman of the Institute.

(12) the Committee shall cause — (a) the minutes of all its meetings to be maintained and stored in a proper form; and (b) a copy of the minutes of all its meetings to be handed over to the Institute as soon as practicable.
20 laws of Malaysia ACT 729 (13) any minutes made of meetings of the Committee shall, if duly signed, is admissible in evidence in all legal proceedings without further proof.

(14) every meeting of the Committee with respect to its proceedings minutes were made in accordance with subsection (12) and (13) shall be deemed to have been duly convened and held and all members of the meeting have been duly qualified to act.


PART III the CHIEF EXECUTIVE OFFICER, officers and EMPLOYEES of the INSTITUTE of powers and duties of the Chief Executive Officer 18. (1) the Minister shall appoint a Chief Executive Officer and such number of Deputy Chief Executive Officer upon such terms and conditions as the Minister may determine.

(2) the Institute shall vesting in the Chief Executive Officer of any powers and shall impose upon them such duties as determined by the Institute.

(3) the Chief Executive Officer shall be responsible for the overall administration and management functions and day-to-day affairs of the Institute.

(4) the Chief Executive Officer shall perform such additional duties as may be directed by the Minister from time to time.

(5) in fulfilling its duties, the Chief Executive Officer shall act under the authority and direction of the General Institute.

National Sports Institute 21 (6) If the Chief Executive Officer is temporarily not in Malaysia or unable for a while due to illness or any other reason to perform his duties, or if the post of the Chief Executive Officer was empty at that time, the Institute may direct any Deputy Chief Executive Officer to perform the duties of Chief Executive Officer in the absence or inability in the meantime.


Intake services officers and other employees of Institute 19. (1) subject to any regulations made under subsection (4), the Institute can employ any number of officers and other employees as may be deemed appropriate and necessary by the Institute and upon such terms and conditions as he thinks fit by the Institute to carry out the purposes of this Act.

(2) the Chief Executive Officer shall have general control over the officers and employees of the Institute.

(3) No person shall be eligible to serve as officers or employees of the Institute if he has, directly or indirectly, by itself or through a partner, any share or interest in any contract or proposed contract with, for or on behalf of the Institute.

(4) the Institute may, with the approval of the Minister, make regulations with respect to the terms of service of officers and employees.

(5) the Institute may adopt, with any modifications it deems fit, any regulations, rules, policies, circular or instructions made or issued by the Federal Government in connection with any matter under this part.


Financial assistance to officers, employees and others 20. The Institute can provide — 22 laws of Malaysia ACT 729 (a) retirement benefits, gratuity and other allowances as determined by the Institute to the officers and employees of the Institute;

(b) subsidies, grants, financing or credit facilities, with or without flowers, and financing or loan courtesy of the other, to the officers and employees of the Institute;

(c) subsidies, grants, financing or credit facilities, with or without interest, for the purpose of medical officers and employees of the Institute, and their dependents;

(d) financing or credit facilities, with or without interest, for the purpose of education or scholarships to officers and employees of the Institute or any other person;
and (e) donation to any person, upon such terms and conditions as may be determined by the Institute.


PART IV SERVICES in SPORTS SCIENCE and SPORTS MEDICINE services to the National Sports Council 21. (1) the Institute shall be the principal provider in respect of services in sports science and sports medicine to the National Sports Council.

(2) service under subsection (1) shall include — (a) provide sports science and sports medicine in athletes ' training programs;

National Sports Institute 23 (b) make recommendations concerning the use of skills and techniques that are relevant in relation to sports science in any activity, event or sporting events;


(c) conduct any inspections, testing and assessment of the performance of an athlete referred to the Institute by the National Sports Council and make any recommendations for improving the athlete's performance;

(d) implement the necessary for treatment and management of — (i) any member of the sports medical condition; and (ii) an injury sustained by a member of sports in any activity, event or sporting events; and (e) monitoring and managing the services provided under paragraphs (a) to (d).


Program to identify potential athletes, 22. The Institute can perform any basic program and talent identification program extension.


Database 23. (1) the Institute shall keep and maintain a database containing data, records and information potential athletes and athletes in such form and manner as may be prescribed by the Minister.

(2) the Institute may make a written request for any additional information relating to potential athletes and athletes from any government entities, institutions of higher learning, public or private body or sports organizations for the purpose of updating the database.


24 laws of Malaysia ACT 729 part V research, development and COMMERCIALIZATION of satellite Centre 24. (1) the Institute may establish satellite centre to provide advisory, consultancy, research and related services in the field of sports science and sports medicine.

(2) satellite Centre established under subsection (1) shall be headed by a person appointed by the Institute.

(3) the satellite centre shall be responsible to the Institute and shall perform such duties provided by the Institute to him.

(4) maintain a satellite Center clinic, pharmacy, laboratories and other facilities for sports medicine shall be subject to any written law relating to the creation, maintenance and administration of the clinic, pharmacy, lab, and other facilities.

(5) the satellite Centre should use any name given by the Institute.


Research in sports science and sports medicine 25. (1) the Institute shall conduct research and development activities in science and sports medicine.

(2) without prejudice to the generality of subsection (1), the Institute can carry out research and development activities in respect of sports science and sports medicine — (a) to develop the athlete's performance;
National Sports Institute 25 (b) to enhance the performance of athletes in any activity, event or sporting events; and (c) to provide procedures and techniques for managing the injuries suffered by athletes as a result of any activity, event or sporting events.


Property in finding research 26. (1) property in every findings of research undertaken by the Institute is fully funded through the grant made to the Institute by any Government entity shall be vested in the Institute.

(2) the property in any findings of research undertaken by the Institute funded by any person, organization or private enterprise shall be vested in the Institute and any person, organization or private enterprise the Association, subject to the terms of any agreement between the Institute of private enterprise with the people, or the organization.

(3) the Institute may provide any findings of research that vested in the Institute by virtue of subsection (1) to any person or body, subject to such conditions and the payment of any fees, royalties or other consideration, if any, as determined by the Institute.


Access to the findings of research and facilities 27. (1) the Institute may, subject to any conditions, restrictions and limitations as he may specify, permit any person to have access to the findings of the Institute's research and facilities.

(2) for the purposes of this section, "facility" includes equipment, laboratories and databases.


26 laws of Malaysia ACT 729 Commercialization research finding 28. The Institute may, subject to such terms and conditions and the payment of any fees, royalties or other consideration, if any, as determined by the Institute, commercialisation or cause to be commercialised any research findings or provide any findings of research to any person for the purpose of commercialization.


PART VI FINANCIAL Fund National Sports Institute 29. (1) a fund known as the "National Sports Institute Fund" was established.

(2) the Fund shall be controlled, maintained and operated by the Institute.

(3) the Fund shall consist of — (a) any sum of money allocated by Parliament for the purposes of this Act, from time to time;

(b) money acquired by way of handling any project, scheme or Enterprise financed out of the Fund;

(c) moneys derived or obtained from any property, investment, mortgage, lease, rental, charges or debentures acquired by or vested in the Institute;

(d) any property, investment, mortgage, lease, rental, charges or debentures acquired by or vested in the Institute;

National Sports Institute 27 (e) the amount of money borrowed by the Institute for the purpose of fulfilling any of its obligations or perform any of its obligations;

(f) money derived from the consultancy services and advice and any other services provided by the Institute;

(g) money received by the Institute through grants;

(h) all other moneys lawfully received by the Institute;
and (i) all money and other property that can be in such a way become payable to or vested in the Institute in respect of any matter incidental to the functions and powers.


Expenses shall be charged on the Fund 30. Fund shall be expended for the purposes of the following: (a) pay any expenses done legally by the Institute;

(b) paying the remuneration, allowances and expenses of other members of the Institute, Committee members, officers and employees of the Institute, including the granting of loans and downpayment, retirement allowance, retirement benefits and rewards;

(c) financing research and development activities;

(d) contribute to the body or organisation, in or outside Malaysia, the Institute is its members or to any organization that 28 laws of Malaysia ACT 729 relating to sports science and sports medicine as determined by the Minister;

(e) to grant financial assistance under section 20;
(f) pay any expenses, costs or other expenses in connection with the procurement of goods and services, including recruitment consultant, fees and legal costs and other fees and costs, made or received by reasonable Institute in the performance of its functions and exercise of its powers under this Act;

(g) purchase or rent equipment, machinery and any other materials, acquire land and erect the building, and exercise such other functions and the undertaking in the performance of its functions and exercise of its powers under this Act;

(h) repayment of any money borrowed under section 38 and the interest due on the money;
and (i) generally, to pay any expenses of carrying out the provisions of this Act.


Conservation Fund 31. Be the duty of the Institute to conserve the Fund with the performance of its functions and exercise of its powers under this Act so as to ascertain that the total revenues of the Institute adequate to meet all sums properly chargeable on revenue account, including depreciation and interest on capital, from year to year.


Reserve Fund 32. The Institute shall establish and maintain a reserve fund in the Fund.
The National Institute of sport and the preparation of estimated Expenses 29 33. (1) the expenditure of the Institute to the extent the amount authorised by the Minister for any one year shall be paid out of the Fund.

(2) before 1 September each year, the Institute shall submit to the Minister an estimate of expenses, including expenses for research and development activities, for the ensuing year in such form and contain such particulars as may be directed by the Minister.

(3) the Minister shall, before the beginning of the following year, notify the Institute about the amount authorised for expenditure generally or about the amount authorised for expenditure on the basis of an estimate of each description provided under subsection (2).

(4) the Institute may at any time submit to the Minister an estimate of additional expenses for any one year and the Minister may allow the whole or any part of the additional expenditure included in the supplementary estimates (5) the Minister may direct the Institute to produce a copy of the estimates or supplementary estimates, as the case may be, to any other public authority as specified in the instructions.


Financial year 34. The Institute's financial year shall begin on 1 January and ends on 31 December of each year.


Account and report of 35. The Institute shall cause that account to Fund kept and shall, as soon as 30 laws of Malaysia ACT 729 be performed after the end of each financial year, cause to be prepared for that financial year a statement of accounts of the Institute, which shall include a balance sheet and income and expenditure account.


36 bank accounts. The Institute shall open and maintain an account or accounts with any bank in Malaysia as it deems fit by the Institute, and every account must be handled to the extent feasible by cheque signed by any person authorized by the Institute in that behalf from time to time.


Act statutory bodies (accounts and annual reports) 1980 37. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Institute.


PART VII POWER INSTITUTIONS empowered to borrow 38. The Institute may, with the approval of the Minister and the Minister of finance, borrow, at such rate of interest and for such period and upon such terms about the time and manner of repayment and otherwise as may be approved by the Minister and the Minister of finance, any sums required by the Institute to meet any of its obligations or discharging any of its duties.





National Sports Institute 31 Power to invest 39. Money Institute shall, as far as not required to be expended by the Institute under this Act, be invested in such manner as approved by the Minister and the Minister of finance.


Power to employ agents, etc.

40. The Institute may employ, appoint and pay agents, contractors and technical advisers, including advocates and solicitors, bankers, stock brokers, surveyors, valuers and others, to conduct any business or do any act required to be performed or done in the performance of its functions, the exercise of its powers or the performance of its obligations or to carry out the purposes of this act better.


The power to establish the company's 41. The Institute may establish company under the companies Act 1965 [Act 125] to run and has the responsibility, handling and management of any project, a scheme or enterprise that has been planned or undertaken by the Institute in the execution of its functions and exercise of its powers.


Financial assistance to companies established by the Institute, etc.

42. for the purposes of this Act, the Institute may, with the approval of the Minister and the Minister of finance, giving financial assistance — (a) to any company incorporated under section 41; and (b) to any person involved in carrying out research, development and innovation in relation to sports science and sports medicine, 32 laws of Malaysia ACT 729 with or without interest and for such period and upon such terms about the time and manner of repayment and otherwise.


PART VIII GENERAL obligation to maintain the confidentiality of 43. (1) except for any purpose of this Act or for the purpose of any civil or criminal proceedings under any law, there are members of the Institute or any of its committees, officer, employee or agent of the Institute or any person attending any meeting of the Institute or any of its committees may disclose any information

has been diperolehnya while performing his duties and who is not published in accordance with this Act.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Protection from legal action and legal proceedings 44. No action, suit, prosecution or other proceedings may be taken or brought, instituted or maintained against — (a) the Institute;

(b) any member of the Institute or of the Committee, or any officer, employee or agent of the Institute; or (c) any other person lawfully acting on behalf of the Institute, the National Sports Institute 33 in respect of any act, omission, default or omission or omitted by him in good faith on such properties.


Public authorities Protection Act 1948 45. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding to the Institute or to any member of the Institute, any member of the Committee, or any officer, employee or agent of the Institute in respect of any act, omission, default or omission or left by him on such properties.


46 public servants. Every Member of the Institute or of a Committee, or any officer, employee or agent of the Institute, while on its duties under this act as a member, officer, employee or agent of such, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].


The power to make regulations 47. (1) the Minister may make such regulations as may be necessary or expedient to implement in full or in carrying out the provisions of this Act.

(2) without prejudice to the generality of subsection (1), the Minister may make regulations in respect of — (a) prescribing the fees and charges payable to the Institute under this Act and the collection and payment of the fees and charges;

(b) prescribing the procedures to be followed in administering the Fund;
34 the laws of Malaysia ACT 729 (c) provide for the implementation of basic identification of talents and advanced programs for potential athletes; and (d) provide for any other matter expected by, or that are necessary to provide fully effective the provisions of this Act.


Actions done in anticipation of the making of this Act 48. All such acts and things done by any person on behalf of the Institute in preparation for or in anticipation of the making of this Act and for any expenses incurred in connection therewith shall be deemed to have been authorized under this Act, provided that the Act or thing to be done is in accordance with the intent and purpose of this Act is General; and all rights and obligations acquired or incurred as a result of doing the action or matter that includes any expenses incurred in connection therewith shall, when this Act comes into force, be deemed to have rights and obligations of the Institute.


SCHEDULE a [Subsection 7 (2)] the 1st meeting. (1) the Institute shall meet at least once every four months at any time and at any place determined by the Chairman.

(2) a written notice of such meeting shall be given to members of the Institute.

(3) the Chairman shall preside at meetings of the Institute.

(4) a quorum of the Institute is five people.
National Sports Institute 35 (5) every Member of the Institute who were present at the meeting shall be entitled to one vote.

(6) where on a questions to be determined by the Institute there is equality of votes, the Chairman shall have the casting vote.


The Institute may invite others to meetings 2. (1) the Institute may invite any person to attend the meeting or deliberation of the Institute for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting or deliberation.

(2) any person invited under subparagraph (1) may be paid such allowances and other expenses as determined by the Institute.


Disclosure of interest 3. A member of the Institute who has, directly or indirectly, by himself or through his partner, any interest in any companies or enterprises in which the Institute proposes to make any contract or who has any interest in any contract or in any matter under discussion by the Institute shall disclose to the Institute the fact and the nature of his interest, and the disclosure shall be recorded in the minutes of the Institute and , unless specifically authorized by the Chairman, the Member cannot take part in any deliberation or decision of the Institute in relation to the contract or that matter.


Minutes 4. (1) the Institute shall cause to be: all its meetings to be maintained and stored in a proper form.

(2) any minutes made of meetings of the Institute, if duly signed, shall be received in evidence in all legal proceedings without further proved.

(3) every meeting of the Institute with respect to the proceedings minutes were made in accordance with subparagraph (1) and (2) shall be deemed to have been duly convened and held and all members of the meeting have been duly qualified to act.



36 laws of Malaysia ACT 729 validity of acts and proceedings 5. No act done or proceeding taken under this Act may be questioned on the ground — (a) any vacancy in the membership of, or there is a defect in the establishment of the Institute;

(b) violation by any member of the Institute of the provisions of paragraph 3; or (c) an omission, defect or ketidakteraturan that are not touching the merits of it.


The procedure 6. Subject to this Act, the Institute shall determine its own procedure.


Members should devote time to Institute arrangements 7. Every Member of the Institute should devote time to Institute arrangements as may be necessary to meet their obligations effectively.




37 laws of MALAYSIA Akta729



ACT NATIONAL SPORTS INSTITUTE 2011 LIST AMENDMENT law short title force amend the from-No-38 laws of MALAYSIA Act 729 ACT NATIONAL SPORTS INSTITUTE 2011 LIST SECTION AMENDED Section Power amend with effect from-no-