Malaysia legislation
Section 34
Section 34
Rules and regulations
(a)
prescribe the form of contract to be adopted by persons selling or buying timber locally and the terms and conditions to be included in such contracts;
(b)
prescribe the procedure to be followed in showing cause under section 17;
(ba) prescribe the timber species which is prohibited from being exported or imported;
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(c)
prescribe the form for the notice of seizure under subsection 26k(4); and
(d)
specify the offences that are compoundable and prescribe the compounding and the methods thereof.
(2)
The Board may from time to time, with the approval of the
Minister, by rules or regulations—
(a)
prescribe the manner of applying for registration under this Act, the particulars to be supplied by an applicant, the manner of registration, the fees payable therefor, the conditions or restrictions to be imposed and the form of certificates to be issued upon registration;
(b)
prescribe the standards of processing and methods of seasoning, preserving, grading, bundling or packaging timber, and the fees payable for grading;
(c)
prescribe the minimum standards of hygiene to be maintained in the premises;
(d)
prescribe the methods of fixing timber prices;
(e)
prescribe the procedure to be followed, the form to be used and the fees to be paid by the exporters or importers in the exportation or importation of timber;
(ea) prescribe the procedure for the planting and the selection of timber species for forest plantation;
(eb) prescribe the processing of forest plantation produce;
(ec) prescribe the management of and financial procedure for forest plantation;
(ed) prescribe the execution of any forest plantation activity;
(ee) prescribe the manner to regulate the transshipment of timber and timber in transit;
(ef) prescribe the procedure for the recognition, certification and endorsement and fee relating to the timber industry;
(eg) prescribe the procedure for timber verification services and the charges or fees which shall be paid by any person who applies for any technical and timber verification advisory services;
Malaysian Timber Industry (Incorporation)
(f)
provide for the maintenance of proper standards of conduct in the carrying out of the timber trade and for dealing with infringements thereof;
(ff) prescribe the procedure to be followed for the administration of the Fund;
(g)
provide for the calling and conduct of meetings of the Board and its committees;
(h)
(Deleted by Act A776);
(i)
prescribe the terms and conditions of loans made to employees of the Board under section 19; and
(j)
provide for all procedural and other matters, in so far as they do not fall within any of the preceding paragraphs, which by this Act are required or permitted to be prescribed or which are necessary to be prescribed for the carrying out of or giving effect to the provisions of this Act.
(3)
Regulations made under subsections (1) and (2) may prescribe any act in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Discipline of officers and servants 34a. (1) There shall be a Disciplinary Committee of the Board which shall consist of two members to be elected by and from the members of the Board, one of whom shall be elected chairman, and the Director General appointed under subsection 9(1).
(2)
The disciplinary authority in respect of every officer and servant of the Board other than the Director General shall be the Disciplinary Committee of the Board established under subsection (1).
(3)
The Disciplinary Committee in respect of the Director General shall consist of the Secretary General of the Ministry responsible for the timber industry as chairman and two members to be elected by and from the members of the Board.
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(4)
The Director General shall not be a member of the Disciplinary
Committee in any proceedings before it in which he is the complainant;
his place shall be taken by a member to be elected by and from the members of the Board.
(5)
In the exercise of its disciplinary functions, the Disciplinary
Committee shall have the power to impose such disciplinary punishment as may be provided for under any regulation that may be made under section 34c.
(6)
The Disciplinary Committee may, subject to subsection (7), delegate any of its disciplinary functions, powers or duties to any committee of officers or servants of the Board, in respect of any particular officer or servant of the Board or in respect of any class or category of officers or servants of the Board, and the committee delegated with such functions, powers or duties shall carry out, exercise or discharge them under the direction and control of the
Disciplinary Committee which shall have the power to review, rescind or vary any decision or finding of such committee.
(7)
No delegation shall be made under subsection (6) so as to enable an officer or servant of the Board to be a member of a committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank.
(8)
Any officer or servant of the Board who is dissatisfied with the decision of the Disciplinary Committee or of any committee delegated with functions, powers or duties under subsection (6) may, within fourteen days, appeal in writing against such decision to the
Board which may thereupon affirm, reverse or give such directions on the matter as it deems fit and proper.
(9)
The decision of the Board upon such appeal shall be final.
Surcharge 34b. (1) If it appears to the Board that any person who is or was in the employment of the Board—
(a)
has failed to collect any moneys owing to the Board for the collection of which he is responsible;
(b)
is or was responsible for any payment from the Fund of moneys which ought not to have been made or for any payment of moneys which is not duly vouched;
Malaysian Timber Industry (Incorporation)
(c)
is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the Board;
(d)
being or having been an accounting officer, fails or has failed to keep proper accounts or records;
(e)
has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Board, the Board shall serve on him a written notice calling on him to show cause why he should not be surcharged, and if a satisfactory explanation is not, within fourteen days from the date of service of the notice as aforesaid, furnished to the Board with regard to the failure to collect, payment which ought not to have been made, payment not duly vouched, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Board may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or loss or the value of the property destroyed, as the case may be; and with regard to the failure to keep proper accounts or records, or the failure to make payments, or the delay in making payment, the Board may surcharge against the said person such sum as the Board may think fit.
(2)
The Chairman shall cause the Director General to be notified of any surcharge made under subsection (1) and the Director General shall thereupon notify in writing the person surcharged.
(3)
The Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Chairman shall at once cause the Director General to be notified of such withdrawal.
(4)
The amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the Board from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the Board and may also be recovered by deduction—
(a)
from the salary of the person surcharged if the Board so directs; or
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(b)
from the pension of the person surcharged if the Board so directs, by equal monthly instalments not exceeding one fourth of the total monthly salary or pension, as the case may be, of the person.
Power to make disciplinary regulations 34c. (1) The Board may, with the approval of the Minister, make such disciplinary regulations as it deems necessary or expedient to provide for the discipline of the officers and servants of the
Board.
(2)
The disciplinary regulations made by the Board under this section may include provisions for the interdiction with reduction in salary or in other remuneration, or provisions for the suspension without salary or other remuneration, of an officer or servant of the
Board during the pendency of the disciplinary proceedings.
(3)
The disciplinary regulations made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Board may deem appropriate, and the punishment so provided may extend to dismissal or reduction in rank.
(4)
The disciplinary regulations made under this section shall, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for representation to be made by the person against whom disciplinary proceedings are taken before a decision is arrived at by the disciplinary authority on the disciplinary charge laid against such person.
Power of Minister to issue directives