TIN INDUSTRY (RESEARCH AND DEVELOPMENT) FUND ACT 1953

The members representing Malaysian tin producers shall be six persons nominated by a recognized association in accordance with subsection (3).

The official members shall consist of three persons holding office of emolument under the Government to be nominated by the

Minister.

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Tin Industry (Research and Development) Fund

Every recognized association may also appoint one or more persons to be alternate members of the Board, who may attend meetings of the Board when a substantive member of the Board is temporarily unable to attend, and when so attending such alternate member shall be deemed, for all purposes, to be a member of the

Board.

If any member of the Board dies or resigns the vacancy so created shall be filled by the appointment of another person by the recognized association who appointed the member so dying or resigning.

The members of the Board shall not be entitled to any remuneration but may be paid such travelling expenses and subsistence allowances as may be fixed by the Board.

Proceedings of the Board

The Board shall meet at such times and at such places as the Chairman of the Board may appoint.

In the absence of the Chairman from any meeting members of the Board shall elect for that meeting a temporary Chairman from amongst the representative members present at the meeting.

At any meeting of the Board five members, three of whom shall be representative members, shall form a quorum for the transaction of business.

The powers of the Board shall not be affected by any vacancy in the membership thereof.

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All questions at meetings of the Board shall be determined by the majority of the members personally present and voting and each member so present shall be entitled to cast one vote, and in the event of an equality of votes the Chairman shall also have a casting vote.

Subject to this Act, the Board may make rules for the conduct of its proceedings.

Establishment of a Publicity Management Committee

The members of the Committee shall not be entitled to any remuneration but may be paid such travelling expenses and subsistence allowances as may be fixed by the Board.

The Committee shall meet at such places and at such times as the Chairman of the Committee may appoint.

The quorum of the Committee shall be three but subject thereto the Committee may act notwithstanding any vacancy in their number.

All questions at meetings of the Committee shall be determined by the majority of the members personally present and voting and each member so present shall be entitled to cast one vote, and in the event of there being an equality of votes the Chairman shall also have a casting vote.

Subject to this Act, the Committee may make rules for the conduct of its proceedings.

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Tin Industry (Research and Development) Fund

Incorporation of the Board

The common seal of the Board shall not be used except by the authority of the Board and shall not be affixed to any instrument except in the presence of the Chairman and one other member of the Board, who shall sign their names on the instrument and such signing shall be sufficient evidence that such seal was duly and properly affixed and that the same is the lawful seal of the Board.

Power of the Minister to make orders imposing a cess on tin

Every order made under subsection (1) shall be laid on the table of the Dewan Rakyat as soon as practicable after the publication of the said order in the Gazette.

All moneys collected under an order made under subsection

shall be paid into the Fund within thirty days from the end of the month to which such collection relates.

On the coming into force of this Act any customs duty or duties imposed on tin exported from Malaysia under the Customs

Act 1967, or under or by virtue of any written law repealed by the said Act which may be declared by the Minister to have been imposed with the same objects as this Act, shall be deemed to be and continue in force as if it or they were a cess or cesses imposed by an order under subsection (1). Where a declaration has been made by the Minister in respect of any customs duty or duties

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under this subsection, any moneys certified by the Minister of

Finance to have been collected, whether before, on or after the coming into force of this Act, in respect of such duty or duties shall, after deducting all sums already expended by the Government of Malaysia in respect of tin research and publicity, but excluding contributions by the Government to the International Tin Research

Institute approved by the Dewan Rakyat, be paid into the Fund in the manner provided in subsection (3) or, if the period therein specified for such payment has already elapsed, shall be so paid forthwith.

Vesting of Fund in the Board

invest the moneys of the Fund as it deems necessary;

appoint such officers and employ such persons as it may think necessary for the administration of the Fund; and

do all such things as are considered necessary or expedient for furthering the interests of the Fund or carrying out the object thereof.

No member of the Board shall be liable for any loss arising from or by reason of any investment made under paragraph (1)(a)

unless such loss has been occasioned by his wilful negligence or fraud.

Expenses of Fund

the Publicity Fund, which shall consist of such an amount from the moneys paid into the Fund in accordance with subsection 8(4) as may be certified by the Minister of

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Tin Industry (Research and Development) Fund

Finance to have been collected for publicity purposes, together with any moneys collected as a cess for publicity purposes imposed under an order made under subsection 8(1), the total amount of which so made up shall be applied to the Committee in the discharge of its functions;

and

the Research, Development and General Purposes Fund, which shall consist of the balance of the moneys paid into the Fund in accordance with subsection 8(4) after deducting from such moneys the amount paid into the

Publicity Fund in accordance with the immediately preceding paragraph of this section, together with any moneys collected as a cess or cesses for any of the purposes prescribed in section 3, other than for publicity, imposed under an order made under subsection 8(1).

Accounts of Fund

The annual balance sheet, income and expenditure account and list of investments (if any) of the Fund shall, prior to the issue thereof, be audited by such auditor as the Minister may appoint.

The annual report of the Board and the Auditor’s report or certificate and any observations shall be transmitted to the Minister not later than 30 April of each year and shall be laid before the

Dewan Rakyat by the Minister and published in the Gazette.

Power of the Board to require information

Where an offence under subsection (1) has been committed by a body corporate any person who at the time of the commission of such offence was a director, general manager, secretary or similar official of the body corporate or was purporting to act in such capacity shall be deemed to be guilty of that offence if he has wilfully connived at the commission thereof.

Rules

Without prejudice to the generality of the foregoing power such rules may provide for a scheme or schemes for the winding-up of the Fund and for the disposal or repayment of any moneys accumulated therein and for all matters necessary for or incidental to such winding-up.

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Tin Industry (Research and Development) Fund