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National Art Gallery Act 1959 (Revised 1994)

LAWS OF MALAYSIA

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Act 516

NATIONAL ART GALLERY

ACT 1959

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

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NATIONAL ART GALLERY ACT 1959

First enacted ... ... ... ... ... ... ... 1959 (Ord. No. 1 of 1959)

Revised ... ... ... ... ... ... ... ... 1994 (Act 516 w.e.f. 7 April 1994)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2002

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LAWS OF MALAYSIA

Act 516

NATIONAL ART GALLERY ACT 1959

ARRANGEMENT OF SECTIONS

Section

1. Short title and application

2. Interpretation

3. Establishment of National Art Gallery

4. Establishment of Board of Trustees

5. Member of Board not personally liable

6. Power of the Minister to issue directions

7. Powers and duties of the Board

8. Vesting of objects in the Board

9. Establishment and management of the Fund

10. Statutory Bodies (Accounts and Annual Reports) Act

11. Power to make regulations SCHEDULE

4 Laws of Malaysia ACT 516

5National Art Gallery

LAWS OF MALAYSIA

Act 516

NATIONAL ART GALLERY ACT 1959

An Act to provide for the establishment and management of a National Art Gallery.

[1 March 1963, L.N. 45/1963]

Short title and application

1. (1) This Act may be cited as the National Art Gallery Act

1959. (2) This Act shall apply to Peninsular Malaysia only. Interpretation

2. In this Act, unless the context otherwise requires-- "Art Gallery" means the National Art Gallery established by section 3;

"Board" means the Board of Trustees established by section 4; "Fund" means the National Art Gallery Fund established by section 9.

Establishment of National Art Gallery

3. There is hereby established in the Federal capital of Kuala Lumpur an art gallery, to be called the Balai Seni Lukis Negara or, in English, the "National Art Gallery".

Establishment of Board of Trustees

4. (1) For the purpose of managing the Art Gallery and for the purpose of this Act there is hereby established a Board of Trustees, which shall be a body corporate by the name of the "Board of Trustees of the National Art Gallery" with perpetual succession and a common seal and power to acquire and hold movable and immovable property and to enter into contracts.

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(2) The Board shall be constituted and its proceedings shall be determined in accordance with the Schedule.

(3) Every instrument sealed with the seal of the Board shall be authenticated by the signature of a member of the Board; and such signature shall be taken as sufficient evidence of the due sealing of such instrument.

Member of Board not personally liable

5. No member of the Board shall be subject to any action, claim or demand by, or any liability to, any person in respect of anything done or omitted to be done in good faith in pursuance or in execution or intended execution or in connection with the execution of the powers conferred by this Act.

Power of the Minister to issue directions

6. The Minister may from time to time give the Board directions of a general nature, and not inconsistent with this Act, as to the exercise of the powers and discretions conferred on, and the duties to be discharged by the Board under this Act, in relation to all matters which appear to him to affect the Art Gallery, and the Board shall give effect to all such directions.

Powers and duties of the Board

7. The Board shall, subject to section 6, have the general management and control of the Art Gallery and for that purpose, may--

(a) with the consent of the Minister, make such rules as it thinks necessary for securing due administration of the Art Gallery and preserving the objects collected therein, including rules requiring payment to be made for admis- sion to the Art Gallery;

(b) with the consent of the Minister, acquire immovable property for the purposes of the Art Gallery and sell any immovable property vested in it which is not required for such purposes;

(c) with the consent of the Minister, exchange, sell or oth- erwise dispose of any objects belonging to the Art Gal- lery which the Board considers unfit to be preserved or 7National Art Gallery

not to be required for the purposes thereof;

(d) subject to the approval of the Minister, apply any money received by it on the exchange, sale or disposal of any objects, or on the sale of any immovable property, or by way of payment for admission to the Art Gallery, or by way of gift or grant or otherwise, in the purchase of any object which, in the opinion of the Board, it is desirable to acquire for the Art Gallery, or otherwise in defraying any expenses of the Board;

(e) on such terms and subject to such conditions as the Board thinks fit, lend any object belonging to the Art Gallery to any gallery, museum or exhibition:

Provided that if such gallery, museum or exhibition is outside Malaysia the approval of the Minister to such loan shall first be obtained;

(f) employ such number of officers and servants, and on such terms and conditions, as the Minister may approve; (g) with the consent of the Minister of Finance, and subject to any restrictions which the Minister of Finance may impose, lend and borrow money and charge any movable or immovable property or any interest therein vested in the Board, upon such terms and conditions as the Board thinks fit;

(h) invest in the Federation any part of the Fund not imme- diately required by the Board either on deposit with a bank, or in such securities as the Minister of Finance may approve;

(i) subject to this Act, do all such other things as appear to it necessary or expedient for furthering the interests and increasing the utility of the Art Gallery.

Vesting of objects in the Board

8. All objects given or bequeathed to or otherwise acquired by the Government for the purposes of exhibition in a national art gallery at any time before the date on which the Board is first constituted, and not disposed of before that date, shall vest in the Board; and all objects which are at any subsequent time expressly given or bequeathed to the public or to the nation or to the Board for the purposes of the Art Gallery, or given or bequeathed by words showing an intention that the gifts should inure to or for the benefit of the Art Gallery, or which are acquired by purchase 8 Laws of Malaysia ACT 516

or otherwise for the purposes of the Art Gallery, shall vest in the Board and be held by the Board for the purposes of the Art Gallery. Establishment and management of the Fund

9. (1) For the purposes of this Act there is hereby established a fund to be called the National Art Gallery Fund.

(2) The Fund shall consist of--

(a) such sums as may be provided from time to time by Parliament;

(b) moneys or movable and immovable property arising out of or received in pursuance of paragraphs 7(a), (b) and (c);

(c) donations, gifts and grants howsoever received; (d) any movable or immovable property, investments, charges or debentures acquired by or vested in the Board; (e) moneys earned or arising from any movable or immov- able property, investments, charges or debentures ac- quired by or vested in the Board;

(f) all other moneys or movable or immovable property which may in any manner become payable to or vest in the Board in respect of any matter incidental to their powers and duties.

(3) The Fund shall vest in the Board and the Board shall, subject to this Act, have the general management, administration and control of the Fund.

(4) All expenses incurred by the Board in carrying this Act into effect shall be defrayed out of the Fund.

Statutory Bodies (Accounts and Annual Reports) Act

10. The provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Board. Power to make regulations

11. (1) The Yang di-Pertuan Agong may make regulations to provide for the constitution, administration and procedure of the Board.

(2) The regulations contained in the Schedule shall be deemed to have been made under this section and shall remain in force until amended, varied or repealed by further regulations made 9National Art Gallery

under this section.

SCHEDULE

[Subsection 4(2) and Section 11]

REGULATIONS RELATING TO THE BOARD OF TRUSTEES

OF THE NATIONAL ART GALLERY

Citation

1. These regulations may be cited as the National Art Gallery Regulations

1959. Constitution of Board

2. (1) The Board of Trustees of the Art Gallery shall consist of not less than twelve nor more than twenty two members as follows: (a) not less than eight nor more than seventeen members, of whom not more than six shall be public officers, appointed by the Minister; (b) one member appointed by the Minister of Finance; (c) one member appointed by the Minister charged with responsibility for education;

(d) one member appointed by the Commissioner of the City of Kuala Lumpur;

(e) one member appointed by the Minister from among the institutions of higher learning;

(f) one member appointed by the Minister from among public officers of his Ministry.

(2) Subject to these regulations, members of the Board shall hold office for such term not exceeding three years as may be specified in their respective appointments:

Provided that the members first appointed shall hold office for a term of one year.

(3) Any person ceasing to be a member of the Board shall be eligible for reappointment.

(4) A member of the Board may at any time resign his office. (5) The authority by whom a member is appointed may at any time revoke the appointment of such member without assigning any reason therefor. (6) If any vacancy occurs by death, resignation, effluxion of time, or otherwise, in the office of any member of the Board the vacancy shall be filled by appointment by the authority by whom that member was appointed; and any 1 0 Laws of Malaysia ACT 516

person appointed to fill a casual vacancy shall hold office as long as the member in whose place he is appointed would have held office. (7) At any meeting of the Board five members present shall form a quorum for the transaction of business.

Chairman and Deputy Chairman

3. The Minister may appoint members of the Board to be Chairman and Deputy Chairman of the Board.

Meetings of the Board

4. (1) The Board shall meet at least once in each quarter of each year. (2) Any member of the Board who without reasonable cause absents himself from three consecutive meetings of the Board shall be deemed to have vacated his seat and the authority by whom that member was appointed shall be informed accordingly.

(3) The Chairman may at any time call a meeting of the Board and shall, upon the written request of not less than five members of the Board, call a special meeting thereof within one month of the date of such request. Committees

5. (1) The Board may appoint such committees as it may think fit to examine and report to the Board on any matter whatsoever arising out of or connected with any of its powers and duties.

(2) Any committee appointed under paragraph (1) shall consist of such persons, whether members, officers or servants of the Board or not, whose advice or assistance the Board may desire.

(3) Any committee appointed under this regulation may appoint one or more subcommittees.

Rules

6. The Board may, subject to these regulations, with the approval of the Minister, make rules to provide for--

(a) regulating the proceedings of the Board;

(b) authorizing the delegation to committees of all or any of the powers of the Board (other than the power to buy or sell immovable property or to make rules) and for regulating the proceedings of committees. Annual Report

7. The Board shall not later than the thirtieth day of April in each year submit to the Minister a report of its operations during the preceding year. 1 1National Art Gallery

LAWS OF MALAYSIA

Act 516

NATIONAL ART GALLERY ACT 1959

LIST OF AMENDMENTS

Amending law Short title In force from

P.U. (A) 177/1973 National Art Gallery (Amendment) 06-07-1973 Regulations 1973

1 2 Laws of Malaysia ACT 516

LAWS OF MALAYSIA

Act 516

NATIONAL ART GALLERY ACT 1959

LIST OF SECTIONS AMENDED

Section Amending authority In force from

Schedule P.U. (A) 177/1973 06-07-1973

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA