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Subang Golf Course Corporation Act 1968 (Revised 1993)

LAWS OF MALAYSIA

REPRINT

Act 509

SUBANG GOLF COURSE

CORPORATION ACT 1968

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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SUBANG GOLF COURSE CORPORATION

ACT 1968

First enacted ... ... ... ... ... ... ... ... 1968 (Act No. 26 of 1968)

Revised ... ... ... ... ... ... ... ... ... 1993 (Act 509 w.e.f. 8 October 1993)

PREVIOUS REPRINT

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

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LAWS OF MALAYSIA

Act 509

SUBANG GOLF COURSE CORPORATION ACT 1968

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title

2. Interpretation PART II

THE CORPORATION

3. Establishment of Corporation

4. Powers of the Corporation

5. Members of the Corporation

6. Vacancy in office

7. Procedure of the Corporation

8. Instruments executed or issued by or on behalf of the Corporation PART III

FUNDS OF THE CORPORATION

9. Revenues of the Corporation

10. Finances of the Corporation

11. Statutory Bodies (Accounts and Annual Reports) Act 4 Laws of Malaysia ACT 509

PART IV

GENERAL

Section

12. (Omitted)

13. Corporation's power to make rules

14. Application of Public Authorities Protection Act 5Subang Golf Course Corporation

LAWS OF MALAYSIA

Act 509

SUBANG GOLF COURSE CORPORATION ACT 1968

An Act to establish the Subang Golf Course Corporation and to provide for matters connected therewith.

[1 October 1968, P.U. 404/1968]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Subang Golf Course Corporation Act 1968.

Interpretation

2. In this Act, unless the context otherwise requires-- "member" means a member of the Corporation appointed under section 5;

"revenue" includes grants, contributions, endowments, gifts or bequests made to or in favour of the Corporation and such other moneys due to and received by it and includes any moneys and proceeds thereof raised under section 9.

6 Laws of Malaysia ACT 509

PART II

THE CORPORATION

Establishment of Corporation

3. (1) There is hereby established a body which shall be a body corporate by the name of the "Subang Golf Course Corporation" (hereinafter referred to as "the Corporation") and shall have perpetual succession and may sue and be sued in its corporate name and may enter into contracts.

(2) The Corporation shall have a common seal and may from time to time make, change, alter, and make anew the said seal as the Corporation deems fit; and until a seal is provided under this section a stamp bearing the inscription "Subang Golf Course Corporation" may be used as corporate seal.

Powers of the Corporation

4. (1) The Corporation shall have power-- (a) to establish, manage and maintain or cause to be managed and maintained any golf course for use in connection with golf or such other sports, games, recreation or pastimes, as the Corporation deems fit;

(b) to acquire by purchase, gift or otherwise movable and immovable property and any interest therein, and to dispose of or otherwise deal with any movable or immovable property or any interest therein so acquired by the Corporation;

(c) to erect any building on any immovable property of the Corporation or on any immovable property with respect to which any contract or arrangement has been made under paragraph (d) and lay out and prepare such property for any sports, games, recreation or pastimes, which may suitably or conveniently be held thereon, to provide stands, pavilions, gymnasiums, refreshment rooms, shops, stalls, lavatories and such other amenities and conveniences in connection therewith as the Corporation deems fit; 7Subang Golf Course Corporation

(d) to enter into any contract or arrangement whatsoever by way of lease or otherwise with respect to any golf course or any building or amenities thereon or with respect to any property with any person, body of persons or any public authority subject to such terms and conditions as may be approved by the Minister;

(e) to maintain or reconstruct any building standing on the Corporation's land;

(f) to sell, lease or sublease or otherwise dispose of such land as may not be required for sporting activities upon such terms and conditions as may be approved by the Minister;

(g) to hold or promote any sports, games, athletics, recreation or pastimes, and to grant or contribute towards prizes, awards and distinctions;

(h) to carry on the business of licensed victuallers and refreshment purveyors;

(i) with the approval of the Minister to use or permit the use of any property of the Corporation for such purposes in addition to those hereinbefore referred to as it may determine;

(j) to appoint such officers, agents and servants, on such terms as to remuneration and otherwise as it may determine; and

(k) with the approval of the Minister to develop all such land as may not be required for golf course or other sporting or recreational activities for industrial or housing purposes or as parks, gardens or other social amenities; and for the purpose of this paragraph the Corporation may enter into any contract or arrangement whatsoever with any person, body of persons or public authority.

(2) Without prejudice to the generality of subsection (1) the Corporation shall be responsible for the management and control of the Subang Golf Course in accordance with this Act. Members of the Corporation

5. (1) The Corporation shall consist of the following members: (a) four persons appointed by the Minister by name or office, of whom at least one shall be the representative of the Ministry of Youth and Sports, and one shall be the representative of the Treasury;

8 Laws of Malaysia ACT 509

(b) two persons appointed by the Minister on the nomination of the Menteri Besar of the State of Selangor; and (c) five persons appointed by the Minister being persons in the opinion of the Minister likely to contribute towards the promotion of the game of golf.

(2) There shall be a Chairman and Deputy Chairman of the Corporation who shall be appointed by the Minister from among the members.

(3) Unless he sooner resigns his office by writing under his hand addressed to the Minister or his appointment revoked in accordance with section 6 a member shall hold office for such term (not exceeding three years at any one time) as may be specified in the letter appointing him to be a member.

(4) A member shall except as provided in section 6 be eligible for reappointment.

Vacancy in office

6. If the Minister is satisfied that a member-- (a) holds any office or appointment in which his duties or interests are likely to conflict with his duties or his interests to the Corporation;

(b) having been appointed under paragraph 5(1)(c) has ceased in the opinion of the Minister to be eligible to be appointed under that paragraph;

(c) has been absent from three consecutive meetings of the Corporation without the permission of the Chairman; (d) has become bankrupt or has made an arrangement with his creditors;

(e) is incapacitated by physical or mental illness; or (f) is otherwise unable or unfit to discharge the functions of a member,

he may revoke the appointment of the member.

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Procedure of the Corporation

7. (1) The quorum at any meeting of the Corporation shall be six members present.

(2) At all meetings of the Corporation the Chairman or, in his absence the Deputy Chairman or, in the absence of both of them, such member as the members present may elect, shall preside. (3) All questions arising at a meeting of the Corporation shall be decided by a majority of the members present and voting thereon at that meeting and, in case of equality of votes, the person presiding at the meeting shall have a casting vote.

(4) A member present at a meeting of the Corporation shall if he is in any way, directly or indirectly, pecuniarily interested in any contract, proposed contract or any other matter, discussed at such meeting, declare the nature of his interest to the Corporation and shall not thereafter be present during the consideration or discussions of the matter and shall not vote on any question relating thereto.

Instruments executed or issued by or on behalf of the Corporation

8. (1) The seal of the Corporation shall when affixed to a deed, document or other instrument be affixed in the presence of and attested by the Chairman or Deputy Chairman and one other member. (2) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed on behalf of the Corporation by any person generally or especially authorized by the Corporation for that purpose subject to such restrictions as to the value or otherwise as may be imposed in such authorization. (3) Any deed, document or other instrument purporting to be duly executed or issued under the seal of the Corporation or on behalf of the Corporation shall, until the contrary is proved, be deemed to be so executed or issued.

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PART III

FUNDS OF THE CORPORATION

Revenues of the Corporation

9. (1) The Corporation shall have power to accept any grants, contributions, endowments, gifts or bequests made to or in favour of it.

(2) The Corporation shall with the approval of the Minister of Finance have the power to borrow or raise moneys for the purpose of all or any of its objects.

(3) The Government may from time to time make to the Corporation such grants or loans as it deems fit. Finances of the Corporation

10. (1) There shall be established a fund to be called the Subang Golf Course Corporation Fund (hereinafter referred to as "the Fund") into which shall be paid all revenues of the Corporation and from which shall be made all payments by the Corporation. (2) The revenues of the Corporation for any financial year shall be applied in defraying the following charges for that year: (a) repayment of debts of the Corporation;

(b) working and establishment expenses;

(c) the maintenance and renewal of the property of and the discharge of the functions of the Corporation properly chargeable to revenue.

(3) The amount remaining of the revenues of the Corporation for any financial year, after defraying the charges referred to in subsection (2), shall be applied in making good any deficiencies in the revenue carried forward from previous years, and the balance, if any, of that amount, after making good those deficiencies, shall as soon as may be after the end of the year be carried to a general reserve account.

(4) Moneys standing to the credit of the general reserve account at the end of each financial year may be applied to the purposes of the Corporation.

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(5) Moneys of the Fund which are not required to be expended in the discharge of any of the functions of the Corporation shall, if invested, be invested by the Corporation in investments for the time being authorized by law for the investment of trust funds: Provided that the Corporation shall not make any investment in securities issued or registered, or in other property situated, outside Malaysia except with the approval of the Minister of Finance to the making of that investment.

Statutory Bodies (Accounts and Annual Reports) Act

11. The provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 [ Act 240] shall apply to the Corporation. PART IV

GENERAL

12. (Omitted). Corporation's power to make rules

13. The Corporation may, subject to the approval of the Minister, make rules--

(a) to regulate the proceedings of the Corporation, the calling of meetings and the transaction of business;

(b) for the appointment of committees;

(c) to allocate duties to, and to regulate the exercise of executive powers by, the Corporation, committees and the officers of the Corporation;

(d) to regulate the transaction of all business conducted with any golf course;

(e) to regulate the appointment and terms and conditions of service of officers and servants of the Corporation; (f) to prescribe the charges to be made for admission to a golf course managed or maintained by or on behalf of the Corporation; and

(g) to prescribe anything which may be prescribed under this Act.

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Application of Public Authorities Protection Act

14. (1) The Public Authorities Protection Act 1948 [Act 198], shall apply to any action, suit, prosecution or proceeding against the Corporation or against any member, officer, servant or agent of the Corporation in respect of any act, neglect or default done or committed by it or him in such capacity.

(2) All members, officers and servants of the Corporation shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

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LAWS OF MALAYSIA

Act 509

SUBANG GOLF COURSE CORPORATION ACT 1968

LIST OF AMENDMENTS

Amending law Short title In force from

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14 Laws of Malaysia ACT 509

LAWS OF MALAYSIA

Act 509

SUBANG GOLF COURSE CORPORATION ACT 1968

LIST OF SECTIONS AMENDED

Section Amending authority In force from

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DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA