Malaysian Health Promotion Board 1 laws of MALAYSIA Act 651 REPRINTING MALAYSIAN HEALTH PROMOTION BOARD ACT 2006 Contains all amendments to 1 July 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 MALAYSIAN HEALTH PROMOTION BOARD ACT 2006 the date of Royal Assent.................. 15 June 2006 date of publication in the Gazette............ June 29, 2006 the laws of MALAYSIA Act 651 MALAYSIAN HEALTH PROMOTION BOARD ACT 2006 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation Part II BOARD 3. The establishment of the Board 4. Seal of the Board 5. Member of the Board 6. The term of Office 7. Revocation and resignation 8. Vacation of post 9. Chief Executive Officer 10. The Committee 11. Disclosure of interest 12. Appointment of officers and servants of the Board 13. Power of Minister to give directions and request information SECTION III objectives, FUNCTIONS and POWERS of the BOARD 14. The objective of the Board 15. Board 16. Power Board 3 law Malaysia4 ACT 651 SECTION IV FINANCIAL section 17. The Establishment Of The Fund, 18. Expenses shall be charged on the Fund 19. Fund Reserves 20. The preparation of the budget 21. Account and report part V OFFENCES and PENALTIES 22. False information 23. The penalty for an attempt to earn money or benefits by representation or false or misleading documents 24. Repayment of 25. Offences by body corporate PART VI a RANGE of 26. Public servants 27. Obligation of secrecy 28. Protection officer 29. The power to make regulations SCHEDULE Malaysian Health Promotion Board 5 laws of MALAYSIA Act 651 * MALAYSIAN HEALTH PROMOTION BOARD ACT 2006 an act to provide for the establishment of the Malaysian health promotion board and matters related to it.
 enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Malaysian Health Promotion Board Act 2006.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette and the Minister may set different dates for the commencement of different provisions in this Act.
Interpretation 2. In this Act, unless the context otherwise requires — "grant" means an amount of money given to any organization that is registered by the Board to finance the expenditure, whether in part or in full, any activity or health promotion programme to be implemented by the establishment concerned; NOTE — this Act is not yet in force.
Law Malaysia6 ACT 651 "Chief Executive Officer" means the Chief Executive Officer of the Board appointed under section 9;
"Fund" means the Malaysian health promotion Fund established under section 17;
"Board" means the Malaysian Health Promotion Board established under section 3;
"Minister" means the Minister charged with the responsibility for health;
"Chairman" means the Chairman of the Board appointed under section 5;
"health promotion" refers to any act or activity to strengthen the skills and capabilities of health of an individual, group or community as well as improve social conditions and environment to improve their health status.
PART II Of The BOARD The Establishment Of Board 3. (1) there is established a body corporate by the name "Malaysian health promotion board".
(2) the Board shall have perpetual succession and a common seal.
(3) the Board may sue and be sued in the name of him.
(4) subject to and for the purposes of this Act, the Board, upon such terms as he thinks fit, may — (a) enter into contracts;
(b) acquire, purchase, take, hold, sell, secures, and enjoy any kind of immovable and movable property; and Malaysian health promotion board 7 (c) transfer, assign, surrender, return, mortgage, charge, pledge, assign the mendemis, transferred, or otherwise dispose of, or make any business of any movable or immovable property and any interest of any movable or immovable property, which is vested in the Board.
Seal of the Board 4. (1) the common seal of the Board shall have a sign approved by the Board and such seal from time to time be changed, modified and made anew by the Board as the Board may think fit.
(2) the seal shall be kept in the custody of the Chief Executive Officer and shall be authenticated by him or any other person authorized by the Board in writing.
(3) all deeds, documents and other instruments purporting to be sealed with the seal of the appropriate and certified in accordance with subsection (2) shall, until the contrary is proved, be deemed to have been validly executed.
(4) Notwithstanding subsection (3), any document or instrument which if executed by a person not being a body corporate is not required in order to be sealed may be executed in the manner similar to by the Board, and the document or instrument may be executed on behalf of the Board by any of the officers or servants of the Board generally or specifically authorized by the Board for that purpose.
(5) the common seal of the Board shall be officially and judicially noticed.
Member Of The Board 5. (1) the Board shall consist of the following members: (a) a Chairman appointed by the Prime Minister on the advice of the Minister of health; (b) a representative of the Ministry of health, nominated by the Minister of health;
Law Malaysia8 ACT 651 (c) a representative of the Ministry of youth and sports, nominated by the Minister of youth and sports;
(d) a representative of the Ministry of culture, arts and heritage nominated by the Minister of culture, arts and heritage;
(e) a representative of the Ministry of finance nominated by the Minister of finance;
(f) two members of the community of non-governmental organisations registered of health sector nominated by the Minister of health;
(g) two members of the community of non-governmental organizations registered from the sports sector, nominated by the Minister of youth and sports;
(h) two members of the community of non-governmental organizations registered from the cultural sector, nominated by the Minister of culture, arts and heritage; and (i) not more than six members representing the profession or have expertise related to the functioning of the Board, nominated by the Minister.
(2) members nominated under paragraph (1) (i) shall include one of the health promotion sector, one of the health research sector and others from the areas which may include education, law, finance, advertising, social marketing, the importance of youth and women.
(3) members nominated under paragraph (1) (b) to (i) shall be appointed by the Minister.
(4) the provisions of the Schedule shall apply to members of the Board.
The term of Office 6. Subject to such conditions as may be specified in the instrument of appointment, a member of the Board shall, unless he first put or clear his Office or his appointment is sooner revoked, hold office for a term not exceeding three years and are eligible for re-election, subject to a maximum of two terms.
Malaysian health promotion board 9 Revocation and resignation 7. (1) the appointment of any member of the Board may, at any time, be revoked by the Minister without assigning any reason.
(2) a member may at any time resign his Office by notice in writing addressed to the Minister.
Vacation of Office 8. Office of a member of the Board shall be vacated: (a) if he dies;
(b) if it has been proved against him or if he has been convicted on 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 a penalty or in lieu of a fine) for more than two years;
(c) if he becomes bankrupt;
(d) if he is of unsound mind or otherwise is unable to meet its obligations;
(e) if he fails to attend three consecutive meetings of the Board without the permission of the Chairman or, in the case of the Chairman, without the consent of the Minister;
(f) if his resignation is accepted by the Minister; or (g) if his appointment is revoked by the Minister.
Chief Executive Officer 9. (1) the Board shall appoint a Chief Executive Officer after consultation with the Minister, on such terms and conditions as the Minister may determine.
Law Malaysia10 ACT 651 (2) the Chief Executive Officer shall be the Executive Secretary to the Board and is responsible for — (a) carry out the decisions and instructions of the Board;
(b) manage the functions, programs, staff and other resources of the Board and ensure compliance with the mandate and objectives of the Board;
(c) to prepare strategic plans, programmes and budget for consideration by the Board; and (d) implement all plans, programmes and projects of the Board for the achievement of effective and optimal.
(3) the Chief Executive Officer shall have general control over the officers and servants of the Board.
(4) the Chief Executive Officer shall perform any additional actions and duties the Board may direct.
(5) in fulfilling its duties, the Chief Executive Officer shall act under the authority and the General instructions of the Board.
(6) the Chairman may appoint any officer Board to perform the functions of Chief Executive Officer — (a) If for any period the Chief Executive Officer is unable, due to illness, vacation or any other reason, to perform its functions; or (b) during any period of vacation of post of Chief Executive Officer.
The Committee 10. The Board may establish committees consisting of members of the Board or person who is not a member of the Board or a combination of both to advise or assist the Board on any matter related to its functions as it thinks fit, and the Board may delegate, subject to such terms and conditions or restrictions that may be he, any of its functions as he thinks fit to any of the Committee.
Malaysian health promotion board 11 disclosure of interest 11. (1) any member of the Board or any member of the Committee who has an interest, directly or indirectly in connection with any matter under discussion by the Board or Committee shall disclose to the Board or Committee, as the case may be, the fact of his interest and the kind of interest that.
(2) a disclosure under subsection (1) shall be recorded in the minutes of meetings of the Board or Committee, as the case may be.
(3) after a disclosure under subsection (1) the Member — (a) cannot take part or are present in any discussion or decision of the Board or Committee; and (b) shall not be counted for the purpose of forming a quorum of the Board or committees, in relation to the matter.
(4) the Board or Committee who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(5) no act or proceeding of the Board or Committee may ditidaksahkan on the ground that any member of the Board or Committee has violated provisions of this section.
Appointment of officers and servants of the Board 12. (1) the Board may appoint or employ any number of officers and servants upon such terms and conditions as he thinks fit and necessary, who shall be paid such remuneration, allowances and benefits, and that his appointment is to be made on such terms which in the opinion of the Board is suitable to carry out the purposes of this Act.
(2) No person shall be eligible to be employed as officers or servants of the Board if he, directly or indirectly, by himself or through his partner, has any share or interest in any contract or proposed contract with, for or on behalf of the Board.
Law Malaysia12 ACT 651 power of Minister to give directions and requested information 13. (1) the Minister may give to the Board the general directives in accordance with this Act and the Board shall give effect to such directions.
(2) the Board shall give the Minister such statement, accounts and information relating to the implementation of any of its functions under this act as may be required or directed by the Minister.
PART III The Objectives, FUNCTIONS And POWERS Of The BOARD The Board's Objectives 14. The objective of the Board is — (a) to improve the ability of organizations including community-based and health for health promotion;
(b) to plan and implement health promotion programmes and activities for the benefit of society, focusing particularly on youth;
(c) to develop and support programmes of various strategies to promote and support a healthy lifestyle and healthy environment through a variety of backgrounds and sectors;
(d) to develop and support programmes to improve the health of people by preventing, reducing or stopping the use of tobacco;
(e) to fund research related to health promotion. and (f) to fund and support the organisation of sports, recreational and cultural activities to promote a healthy lifestyle and a healthy environment.
Functions of the Board 15. Function of the Board is — (a) to provide guidelines for grant, to evaluate grant applications and to issue the Malaysian health promotion board 13 grants to any organisation of health and health-related;
(b) to determine the terms and conditions for grant or financial assistance from the Fund, including the amount that can be passed in connection with each application;
(c) to plan, develop and implement actions, plans and programmes to strengthen and develop the capacity for health promotion;
(d) to assess and determine the type and extent of a health promotion activities to be supported by the Board;
(e) to communicate, assist and cooperate with other international organizations that have mission and objectives for such mutual assistance and development as well as to expand the development and progress of the world's health promotion; and (f) to consult with government agencies and departments and non-governmental organisations involved with related enforcement of this Act.
Power Board 16. (1) the Board shall have power to do all things expedient or reasonably necessary or incidental to the performance of its functions.
(2) without prejudice to the generality of subsection (1), the powers of the Board shall include power — (a) to provide grants or other financial assistance from the Fund to support programmes and research activities in the field of health promotion.
(b) to allocate grants or other financial assistance from the Fund for the promotion of health through sports activities, recreation and culture;
(c) to collect or cause to be withheld money due to the Fund;
Law Malaysia14 ACT 651 (d) to determine the proportion of money out of the Fund to be used for grants or financial assistance which may be given in respect of each approved application;
(e) to establish a procedure to be followed in respect of finance and accounts of the Fund;
(f) to appoint any of its agents, experts, consultants or any other person to do any act required to be done in the performance of its functions or carry out the purposes of this Act with better;
(g) to lend or make advances to officers and pekhidmatnya out of the Fund for any purpose approved by the Minister and on such terms and conditions as may be determined by the Board; and (h) to do any other thing that may absolutely deem fit to enable it to discharge its functions effectively or incidental to the performance of its functions.
PART IV FINANCIAL Establishment Fund 17. (1) for the purposes of this Act a fund named the Malaysian health promotion Fund which shall be administered and controlled by the Board was established.
(2) the Fund shall consist of — (a) any amount as provided annually by the Government for the purposes of this Act;
(b) all moneys derived or arising from any property, charges or interest acquired by or vested in the Board;
(c) all grants, donations, gifts, contributions, bekues or any other sums received by the Board from any source except from those involved Malaysian health promotion board 15 or in relation to a manufacturer, wholesaler, retailer tobacco, tobacco or intoxicating liquor or their agents; and (d) all other moneys lawfully received by the Board under this Act.
Financing shall be charged on the Fund 18. (1) the Fund shall be expended for the purpose of — (a) carry out, subject to such terms and conditions as may be approved by the Minister, health promotion programs and activities;
(b) provide grants or any other financial assistance to sports, recreational, cultural and other health related organizations registered related for the purpose of health promotion.
(c) pay any expenses incurred by the Board, including any fees and costs, remuneration of officers and servants employed by the Board including the granting of loans, retirement benefits, the remuneration and allowances of any member of the Board or any Committee established under this Act;
(d) pay any expenses, costs or other expenses to acquire, purchase or lease of land and erect any building or facility for his own use; and (e) generally pay any other expenses incidental to the management of the Fund and Board.
(2) the proportion of the Fund which will be given annually to different sectors shall be determined by the Board as follows: (a) the amount that is not less than fifty per cent of the total amount paid in any one year shall be paid to the Health Organization for health promotion programs and activities;
Law Malaysia16 ACT 651 (b) the amount that does not exceed thirty per cent of the total amount paid in any one year shall be paid to the organisation of sport and recreation to health promotion programs and activities; and (c) an amount not exceeding ten per cent of the total amount paid in any one year shall be paid to the cultural establishment for health promotion programs and activities.
19. (1) The Board shall establish and manage a fund the Reserve Fund in accordance with such terms and conditions as the Minister may determine.
(2) the Reserve Fund can only be used for the purpose of face contingency relating to the functioning of the Board.
Budget preparation 20. The Board shall, in every calendar year, draw up a budget that shows the estimated income and expenses that it intends to menanggungnya during the following year and shall submit a copy of the budget for the approval of the Minister before the date specified by the Minister and the budget shall contain provisions which in the opinion of the Board sufficient to settle the liabilities incurred by the Board and for maintaining the balance of the money work.
Account and report 21. (1) the Board shall cause to be kept proper accounts for and reports should be about its activities.
(2) the Board shall, as soon as practicable after the end of each financial year, cause prepared for that financial year a statement of accounts of the Board which shall include a balance sheet and income and expenditure account and a statement of its activities.
(3) of the statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Board.
Malaysian health promotion board 17 part V OFFENCES and PENALTIES false information 22. Any person who makes, orally or in writing, or signing any declaration, statement, recommendation or other document or information required under this Act or under regulations made under this Act that is untrue, inaccurate or misleading in any detail shall be guilty of an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
The penalty for an attempt to earn money or benefits by representation or false or misleading documents 23. Any person who — (a) try to acquire any financial aid or other benefits provided under this Act through the statement or document is false or misleading; or (b) acquire any financial aid or other benefits provided under this Act through the statement or document is false or misleading, commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Repayment of 24. If a person has been convicted of an offence under section 23, the Court may, in addition to the imposition of a penalty under that section, order that person to pay back the amount of money or the value of the interest acquired wrongfully then together with interest at the rate of ten per cent per annum for each day from the day he received financial aid or benefits that.
Offences by body corporate 25. (1) where a body corporate commits an offence under this Act, any person who at the time of the Commission of the offence was a Director, Manager, Secretary or other officer Malaysia18 651 ACT similarly in the body corporate or is purporting to act on any such property or in any way or up to any extent responsible of the management of any Affairs of the body corporate or assist in the management of such — (a) may be charged with and tried separately or in association in the proceedings the same with the body corporate; and (b) if the body corporate is found to have committed the offence, shall be deemed to have committed the offence unless, having regard to the type of functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya; and (ii) that he took all reasonable steps and have carried out due diligence to prevent the Commission of the offence.
(2) if any person can under this Act imposed any penalty or penalties for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employee or his agent, or employee of the agent, if the Act, omission, neglect or default that was done — (a) by its employees within its employment;
(b) by the agent while acting on his behalf; or (c) by the agent within the employee's employment with the agent or otherwise on behalf of the agent.
PART VI MISCELLANEOUS public servants 26. Chairman, all members of the Board and any Committee, and officers and servants of the Board, while on their duties as Chairman or Malaysian Health Promotion Board of 19 members, such officers and servants shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Obligation of secrecy 27. (1) except for the purposes of this Act or for the purpose of any civil or criminal proceedings under any law, no member of the Board, Member of a Committee, officers or servants of the Board may disclose any information 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 two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Protection officer 28. No action or prosecution can be brought, instituted or maintained in any court against — (a) the Chief Executive Officer or any officer or other servants who are appointed accordingly under this Act for or for or in respect of any act which ordered or performed for the purpose of implementing this Act; and (b) any other person or due to or in respect of any act done or purporting to be done under orders, directives or instructions the Chief Executive Officer or any officer or other servants appointed under this Act, if the Act is done in good faith and reasonably believing that it is necessary for the purposes that are intended to be achieved with it.
The power to make regulations 29. (1) the Minister may make any regulations necessary or expedient for the purpose of carrying out the provisions of this Act.
Law Malaysia20 ACT 651 (2) without prejudice to the generality of subsection (1), regulations may be made to specify — (a) the procedure to be followed by any Committee established under this Act;
(b) procedures relating to the grant or other financial assistance;
(c) how to apply for a grant or other financial assistance, the form should be used and the information that must be completed;
(d) forms in accordance therewith a register or other records shall be kept or maintained under this Act and the entry shall be made in the register and records;
(e) the fees or other charges shall be imposed under this Act;
(f) methods of appointment, and the terms and conditions of service of officers and servants of the Board;
(g) the terms and conditions and procedures for the granting of loans or advances to any officers or servants of the Board; and (h) such other matters as may be deemed expedient or necessary by the Board for the purposes of this Act.
SCHEDULE a [Subsection 5 (4)] meetings of the Board 1. (1) the Board shall meet to carry out the affairs at least once in every four months at such time and place as determined by the Chairman from time to time.
(2) the Chairman shall preside at all meetings that she finds.
(3) a member shall, at the first meeting of the Board attended in full, elect a Deputy Chairman from amongst themselves to preside at any meeting or part of a meeting, the Chairman is unable to attend.
(4) every Member of the Board present shall be entitled to one vote. If on any question to be determined by the Board there are a number of Malaysian health promotion board 21 equal votes, the Chairman or the Member presiding over any meeting shall have a casting vote in addition to the votes normally.
(5) the Board may invite any person to attend any meeting of the Board if necessary for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
Quorum of 2. A quorum of the Board is seven people.
3 allowance. Members of the Board shall be paid such allowances as determined by the Minister.
Minutes 4. (1) the Board shall cause minutes of all its meetings to be maintained and stored in a proper form.
(2) any minutes made of a meeting of the Board shall, if duly signed, is admissible in evidence in all legal proceedings without further proved.
(3) every meeting of the Board in respect of the proceedings has been made such minitnya shall be deemed to have been duly convened and held and all members of the meeting have been duly qualified to act.
Procedure 5. (1) subject to this Act, the Board shall set its own procedure.
(2) no act done or proceeding taken by the Board under this Act shall be questioned on the ground that — (a) any vacancy in the membership of, or there is a defect in the formation of the Board; or
(b) any omission, defect or ketidakteraturan in code that does not affect the merits of it.
Members should devote time to the business of the Board 6. Every Member of the Board should devote time to the Managing Board as much as necessary to meet their obligations effectively.
Law Malaysia22 ACT 651 laws of MALAYSIA Act 651 MALAYSIAN HEALTH PROMOTION BOARD ACT 2006 LIST AMENDMENT law short title force amend from – no – Malaysian Health Promotion Board 23 laws of MALAYSIA Act 651 MALAYSIAN HEALTH PROMOTION BOARD ACT 2006 AMENDED SECTION LIST Section Power amend with effect from – THERE are –