Section 1
This Act may be cited as the National Institute for Scientific and Industrial Research (Incorporation) Act, 1971 and shall have effect throughout Malaysia.
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NATIONAL INSTITUTE FOR SCIENTIFIC AND INDUSTRIAL RESEARCH (INCORPORATION) ACT 1971 is Malaysia Act, cited as Act 48 1971, currently marked repealed and first recorded in 1971.
Opening note
Part I
This Act may be cited as the National Institute for Scientific and Industrial Research (Incorporation) Act, 1971 and shall have effect throughout Malaysia.
In this Act unless the context otherwise requires—
"Chairman" or "Vice Chairman" means respectively the Chairman or Vice Chairman of the Council of the National Institute for Scientific and Industrial Research;
"Council" means the Council of the National Institute for Scientific and Industrial Research;
"Director" means the Director of the National Institute for Scientific and Industrial Research;
"financial year" means a year beginning on 1st January;
"financial year" means a year beginning "Institute" means the National Institute for Scientific and Industrial Research;
"Minister" means the Minister for the time being charged with the responsibility for the Institute.
THE INSTITUTE
There is hereby established a body which shall be known as the National Institute for Scientific and Industrial Research.
It shall be the functions of the Institute to promote, co-ordinate and undertake scientific and industrial research and for such purposes the Institute may—
undertake testings, investigations and researches in such manner as the Institute may deem advisable with the objects of improving the technical processes and methods used in industry and of discovering processes and methods which may promote the expansion of existing industries or the development of new industries or the better utilisation of waste products;
advise on questions of a scientific, technological or techno-economic nature affecting the utilisation of natural resources and the development of productive enterprises and related services;
promote the training of research workers in the scientific and industrial field;
undertake, or collaborate in the preparation, publication and dissemination of useful scientific and technical information;
co-operate with departments of Government, research institutions, universities, technical colleges, technical or scientific societies and other bodies in order to promote scientific and industrial research and the training of investigators in pure and applied science, technical experts, craftsmen and artisans;
assist otherwise in the advancement of scientific and industrial research and technical training; and
generally do all such matters and things as may be incidental to or consequential upon the discharge of its functions under this Act.
Part III
For the purpose of directing and managing the affairs of the Institute, there is hereby established the Council of the National Institute for Scientific and Industrial Research which shall be a body corporate with perpetual succession and a common seal, and may sue or be sued in its name and, subject to and for the purpose of this Act, may enter into contract and shall have power to acquire and hold property moveable or immoveable and to dispose thereof or otherwise deal therewith.
a representative of the Ministry of Technology, Research and Local Government;
six members representing industry of whom not more than four shall be from the manufacturing side of industry.
The members mentioned in subsection (1) of this section, other than the members referred to in paragraphs (b) to (h) of the said subsection, shall be appointed by the Minister and every such member shall, unless he sooner resigns or his appointment revoked, hold office subject to such terms and conditions as the Minister may determine and shall be eligible for reappointment:
Provided that any of the members referred to in paragraphs (i) and (j) of subsection (1) of this section shall not hold office for a term exceeding three years at any one time.
Subject to subsection (4) or may appoint a person to be a V the members of the Council on as the Minister may determine shall exercise the powers and Chairman under this Act, if, due the absence or inability to act cause, the Chairman is unable perform the duties of his office.
of this section, the Minister Vice Chairman from among such terms and conditions and such Vice Chairman perform the duties of theuring any period owing to from illness or any other to exercise the powers or
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The Director of the Institute referred to in paragraph (b) of subsection (1) of this section shall not be eligible for appointment as a Vice Chairman.
The provisions of paragraphs 1, 2 and 3 of the Schedule to this Act shall have effect with respect of the Council.
Without prejudice to section 5, the Council shall be empowered to do generally all such matters and things as may be incidental to or consequential upon the discharge of the functions of the Institute.
Part IV
The Director shall be appointed on such terms and conditions as may be prescribed by the Council with the approval of the Minister.
The Director shall be the chief executive officer of the Institute and shall perform such duties and exercise such powers as may be prescribed or delegated by the Council.
If, during any period, owing to absence or inability to act from illness or any other cause the Director is unable to exercise the powers and perform the duties of his office, or if the office of the Director is for the time being vacant, the Chairman shall, with the approval of the Minister, appoint a senior officer of the Institute to act as Director and such officer shall exercise the powers and perform the duties of the Director until such time as an appointment of a Director is made in accordance with subsection (2) of this section:
Provided that the senior officer so appointed to act shall not take part in any deliberation or decision of the Council with respect to the appointment of a Director and shall be discharged for the purpose of constituting a quorum of the Council for any such deliberation or decision.
The Council may from time to time appoint and employ on such terms and conditions of service as may be prescribed by the Council such officers and employees as may be necessary in the opinion of the Council for the proper implementation of the provisions of this Act.
The provisions of paragraph 4 of the Schedule to this Act shall have effect in respect of the terms and conditions of service of officers and employees of the Institute.
PART
THE FUND AND ACCOUNT
For the purpose of this Act, there is hereby established a fund to be administered and controlled by the Council—
any money appropriated from time to time by Parliament for the purpose of the Institute;
all monies received by the Institute from the collection of fees and the sales of any publications;
all monies received by the Institute in pursuance of section 16 (2) (a) of this Act;
any grant or fund received by way of contribution, endowment, gift, or bequest from any source as may be made to or in favour of the Institute; and
all other monies which may in any manner become payable or vested in the Institute in respect of any matter incidental to its functions or to the exercise of the powers and duties of the Council; and
such expenditure relating to the administration and functions of the Institute and the Council as approved by the Minister for any one year; and
such other expenditure as may be paid in accordance with the provisions of this Act.
The Council may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.
The accounts of the Council shall be audited annually by the Auditor General or other auditor appointed by the Council with the approval of the Minister.
After the end of each financial year, and as soon as the accounts of the Council have been audited, the Council shall cause a copy of the statement of accounts to be transmitted to the Minister, together with a copy of any observations made by the Auditor General or other auditor appointed under subsection (2) on any statement or on the accounts of the Council.
The Minister shall as soon as practicable cause a copy of every such statement and observations to be laid on the table of each House of Parliament.
The Minister shall as soon as practicable cause a copy of every such report to be laid on the table of each House of Parliament.
Part VI
The Council may from time to time fix the fees to be charged in relation to any research, investigation, test, advice or any other services which the Institute is requested to render or perform.
Nothing in subsection (1) of this section shall prevent the Council with the approval of the Minister from—
making available such discovery, invention and improvement, as described in subsection (1) above, to any person subject to the payment of such fees or royalties and such conditions, if any, as the Council may with the approval of the Minister determine; and
paying to any officer or employee of the Institute a bonus in respect of any useful discoveries or inventions made by such officer or employee.
Except for the purpose of this Act or of any criminal proceedings under this Act, no member of the Council, officer or employee of the Institute shall disclose any information with respect to any individual business which has been obtained by him in the course of his duties and which is not published in pursuance of this Act; and a person contravening the provisions of this subsection shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.
For the purpose of this Part, the expression "officers and employees" shall deem to include the Director of the Institute.
The Council may with the approval of the Minister make such rules as it thinks necessary or expedient for the better carrying into effect of the purposes and provisions of this Act.
The Minister may give the Council directions of a general nature, not inconsistent with the provisions of this Act as to the exercise of the powers and functions of the Council and the Institute.
Emergency (Essential Powers) Ordinance No. 44, 1970 is Repeal hereby repealed.
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(Sections 6 (5) and 10)
1. The following persons shall be disqualified from being appointed or being members of the Council—
a person who is of unsound mind or is otherwise incapable of performing his duties;
a person who has been convicted of an offence and sentenced to imprisonment for a term not less than one year;
a person who has been convicted of an offence involving fraud, dishonesty or moral turpitude; and
a bankrupt.
2. A member of the Council shall deem to have vacated his office一 (a) upon his death;
upon his resignation;
upon his failure to attend three consecutive meetings of the Council without permission from the Minister; and
if he becomes disqualified under paragraph 1 above, and a new member shall be appointed in accordance with the provisions of this Act.
3. (1) The Council shall meet at least twice a year and shall in addition meet as and when convened by the Chairman.
Nine members present shall be a quorum at any meeting of the Council.
If on any question to be determined by the Council there is an equality of votes, the Chairman or the Vice Chairman when acting on behalf of the Chairman shall have a casting vote.
Subject to this Act, the Council shall determine its own procedure.
Minutes shall be kept of all proceedings of the Council and copies thereof shall be submitted to the Minister.
The Council may appoint any Committee or Committees if it thinks fit.
The seal of the Council shall be authenticated by the Chairman or the Vice Chairman when acting on behalf of the Chairman and one other member of the Council and any document purporting to be sealed with the said seal authenticated as aforesaid shall until the contrary is shown be deemed to have been validly executed.
4. (1) The terms and conditions of service of officers and employees of the Council shall require the approval of the Minister with the concurrence of the Minister of Finance.
The Council may with the approval of the Minister and the concurrence of the Minister of Finance make rules for the establishment and management of a contributory provident fund for the Director, and the officers and employees of the Institute and for the payment of pensions, allowances or gratuities to the said Director, officers and employees on retirement or otherwise ceasing to hold office as such Director, officers and employees.
The Council may with the approval of the Minister make provisions for the grant of loans to the Director, officers and employees of the Institute for the purchase of motor vehicles, bicycles or houses.