MALAYSIAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT 1969

to conduct scientific, technical, economic and sociological research with respect to—

the production, utilization and processing of all crops (except rubber, oil palm and cocoa), livestock and food; and

to serve as a centre for the collection and dissemination of information and advice on scientific, technical and economic matters concerning agricultural industry, through whatever methods including the publication of reports, periodicals and papers relating thereto, and organizing of exhibitions, conferences, lectures and seminars;

to act as a centre which provides specialist services in the agricultural industry, agro-based industry and food industry, such as consultation services, analytical laboratory services, quality assurance and contract research and development services;

to provide training in whatever manner for the development of the agricultural industry, agro-based industry and food industry;

to provide grants in aid for the purpose of pure and applied scientific, technical and economic research and development concerning agricultural industry;

to maintain liaison with other organizations, both public and private, indigenous and foreign which are engaged in scientific, technical and economic and 011e [A1160].fm Page 6 Monday, March 27, 2006 11:29 AM

Malaysian Agricultural Research and Development Institute 7

sociological research concerning the agricultural industry;

to conduct commercial research and production;

to develop, promote and exploit research findings; and

to provide extension services to the agricultural industry, agro-based industry and food industry.

Director General and Deputy Directors General of the

Institute

For purposes of this Act there shall be a Director General of the Institute and such number of Deputy Directors General as may be necessary, to be appointed by the Minister.

The Director General and Deputy Directors General shall each be appointed for such period as may be specified in the letter of appointment and shall be eligible for reappointment.

The Director General and Deputy Directors General shall be appointed on such terms and conditions as may be provided for in their respective letters of appointment.

The Minister may at any time revoke any appointment made under subsection (1); and any person so appointed may at any time resign from office.

The Director General shall be the Chief Executive officer of the Institute and shall be assisted by the Deputy Directors

General in the carrying out of his powers and duties relating to the administrative and technical functions of the Institute;

provided however, the Board as hereinafter established may prescribe other powers and duties of the Director General and

Deputy Directors General as it thinks fit.

If during any period the Director General for any reason is unable to perform the functions of his office or, if the office of the

Director General falls vacant, the Minister shall appoint one

Deputy Director General to exercise the powers and perform the duties of the Director General until a new Director General is appointed under subsection (1).

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For the purpose of administering the Institute the

Malaysian Agricultural Research and Development Institute

Governing Board (in this Act referred as “the Board”) is established which shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its name, and subject to and for the purposes of this Act may enter into contracts and shall have power to acquire and hold property of every description, moveable, immoveable and intangible, and to dispose thereof or otherwise deal therewith.

The Board shall consist of the following members:

The members of the Board shall be appointed for such period as may be specified in their letters of appointment by the

Minister and shall, unless he sooner resigns his office or his appointment revoked or his office otherwise becomes vacant, be eligible for reappointment.

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Malaysian Agricultural Research and Development Institute 9

If owing to illness or any other cause whatsoever the

Chairman is unable to perform his function, the Board shall elect among the members an acting Chairman who shall exercise the powers and perform the duties of the Chairman under this Act.

Alternate members

When attending meetings of the Board, an alternate member shall for all purposes be deemed to be a member of the

Board.

An alternate member shall, unless he sooner resigns or his appointment is sooner revoked, cease to be an alternate member if the member in respect of whom he is an alternate ceases to be a member of the Board.

Functions of the Board

Without prejudice to subsection 5(1) the Board shall have, in addition, the following functions—

(Deleted by Act A1160).

The provisions of the Schedule shall apply to the Board.

Power to enter into equity participation or joint venture

carry on any activity which is commercial in nature and where it appears to be necessary, advantageous or convenient for or in connection with the discharge of the functions of the Institute; or

promote the incorporation of companies under Companies

Act 1965 [Act 125] for the purposes of carrying out or engaging in any activity which has been planned or undertaken by the Board in connection with the discharge of the functions of the Institute.

The Memorandum of Association of a company incorporated under paragraph (1)(b) shall be as approved by the Board prior to the incorporation of such company.

Notwithstanding subsection (1), the Board shall not without the approval of the Minister and the concurrence of the Minister of

Finance—

The disciplinary authority in respect of every officer and servant of the Institute other than the Director General shall be the Disciplinary Committee of the Board established under subsection (1).

The disciplinary authority in respect of the Director General shall be the Disciplinary Committee which shall consist of the

Secretary General of the Ministry of Agriculture and Agro-based

Industry as chairman and two members to be elected by and from the members of the Board.

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.

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 regulations that may be made under section 25A.

The Disciplinary Committee may, subject to subsection

, delegate any of its disciplinary functions, powers or duties to any committee of officers or servants of the Institute, in respect of any particular officer or servant of the Institute or in respect of any class or category of officers or servants of the Institute, 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 011e [A1160].fm Page 11 Monday, March 27, 2006 11:29 AM

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to review, rescind or vary any decision or finding of such committee.

No delegation shall be made under subsection (6) so as to enable an officer or servant of the Institute 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.

A decision of the Disciplinary Committee established under subsection (1) shall be appealable to the Disciplinary Appeal

Board established under section 7B.

A decision of the Disciplinary Committee established under subsection (3) shall be appealable to the Minister.

The Disciplinary Appeal Board or the Minister, may confirm, reverse or vary the decision of the Disciplinary Committee.

A decision of the Disciplinary Appeal Board or the Minister under subsection (10) shall be final and conclusive.

Establishment of Disciplinary Appeal Board

the Chairman of the Board, who shall be the chairman of the Disciplinary Appeal Board and shall have a casting vote; and

three members of the Board, not being members of the

Disciplinary Committee whose decision is the subject matter of the appeal, to be appointed by the chairman of the Disciplinary Appeal Board with the approval of the Board for the purpose of the appeal.

When the Disciplinary Appeal Board considers an appeal made under section 7A, a member of the Disciplinary Committee against whose decision the appeal is made who is also a member of the Board shall not be present or in any way participate in any proceedings relating to the appeal.

Termination in the public interest

Where the Board finds or where representations are made to the Board that it is desirable that the service of an officer 011e [A1160].fm Page 12 Monday, March 27, 2006 11:29 AM

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or a servant be terminated in the public interest, the Board may call for a full report from the superior officer of the officer or servant against whom the representations are made which shall contain particulars relating to the work and conduct of the officer or servant.

If, after considering the report received under subsection

, the Board is satisfied that, having regard to the conditions of service, the usefulness of the officer or servant, the work and conduct of the officer or servant and all other circumstances of the case, it is desirable in the public interest to do so, the Board may terminate the service of the officer or servant with effect from such date as the Board shall specify.

It shall be lawful for the appropriate Disciplinary

Committee to recommend to the Board that the service of an officer or a servant be terminated in the public interest notwithstanding that disciplinary proceedings have not been carried out under this Act and the Board may so terminate the service of the officer or servant.

Notwithstanding anything in this Act and any other law to the contrary, in terminating the service of an officer or servant in the public interest under this section, the officer or servant may not be given any opportunity of being heard and an officer or a servant whose service has been terminated in the public interest under this section shall not be regarded as having been dismissed, regardless of whether such termination of service of the officer or servant involved an element of punishment or was connected with conduct in relation to his office which the Board regards as unsatisfactory or blameworthy.

For the purpose of ensuring maximum quality and effectiveness of the technical programmes of the Institute, the

Malaysian Agricultural Research and Development Institute

Scientific Council (hereinafter referred to as the “Scientific

Council”) is established.

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The Scientific Council shall consist of the following members appointed by the Minister—

If owing to illness or any other cause whatsoever the chairman is unable to perform his function, the Council shall elect among the members an acting chairman who shall exercise the powers and perform the duties of the chairman under this Act.

(Deleted by Act A1160).

Every member of the Scientific Council shall, unless he sooner resigns from his office or his appointment revoked or his office otherwise becomes vacant, hold office for such period as may be specified in his letter of appointment and shall be eligible for reappointment.

Functions of the Scientific Council

to advise on the formulation of and review the research programmes of the Institute;

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to advise on priorities for the research and development programmes of the Institute to ensure maximum quality and effectiveness;

to maintain liaison with external organizations, both in the public and private sectors, and to maintain contact with agricultural research needs;

to furnish guidance in the development or research facilities including the selection of locations and laboratory facilities and supervision of major items of specialized equipment;

to advise on the procedures for the evaluation of capability and performance of the professional staff appointed under this Act, including promotions on professional merit;

to advise on the library documentation services and publications of the Institute.

Meetings of the Scientific Council

into which shall be paid any special cesses which may be imposed or collected in accordance with section 20;

into which shall be paid any grants made to the

Institute by the Federal or any State Government;

into which shall be paid any moneys from any sources, contributions, endowments, gifts or bequests as may be made to or in favour of the Institute;

from which shall be defrayed all expenditure relating to the administration of the Institute, the Board and the

Scientific Council and such other expenditure as may be paid in accordance with the provisions of this Act;

from which shall be defrayed any expenditure incurred in providing for the welfare of the officers and servants of the Institute with the approval of the Minister.

Statutory Bodies (Accounts and Annual Reports) Act 1980

has failed to collect any moneys owing to the Institute for the collection of which he is responsible;

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Malaysian Agricultural Research and Development Institute 17

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;

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

Institute;

being or having been an accounting officer, fails or has failed to keep proper accounts or records;

has failed to make any payment, or is or was responsible for any delay in the payment, or 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 Institute, 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, and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment, the Board may surcharge against the said person such sum as the Board may think fit.

The Chairman shall cause the Director General to be notified of any surcharge made under subsection (1) and the

Director General shall thereupon notify the person surcharged.

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.

The amount of any surcharge made under subsection (1)

and not withdrawn under subsection (3) shall be a debt due to the

Institute from the person against whom the surcharge is made and 011e [A1160].fm Page 17 Monday, March 27, 2006 11:29 AM

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may be sued for and recovered in any court at the suit of the

Institute and may also be recovered by deduction—

The property in every research finding or every programme undertaken by the Institute that is funded by a private enterprise or organization shall vest in the Board and such private enterprise or organization jointly, subject to the terms of any agreement between the Board and the private enterprise or organization.

Access to research findings and facilities

For the purposes of this section, “facilities” includes equipment, laboratory, experimental plot, data base and germplasm collection.

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Power to charge fees

the determination of salary scales and terms and conditions of employment of the officers and servants of the Institute, including the provisions of loans to such officers and servants;

the establishment and management of a contributory provident fund for the officers and servants of the

Institute or for payment of pensions, allowances or gratuities to the said officers and servants on retirement or otherwise ceasing to hold office;

the principles and procedures with respect to appointment, promotions and termination of appointments in the

Institute, exclusive of the Director General and Deputy

Directors General;

the principles and procedures for the evaluation of capability and performance of the professional staff of the Institute; and

any other matter which may be prescribed under this

Act.

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Power to make disciplinary regulations

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 Institute during the pendency of disciplinary proceedings.

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 punishments so provided may extend to dismissal or reduction in rank.

The disciplinary regulations made under this section shall, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for the person against whom disciplinary proceedings are taken to make representations against the disciplinary charge laid against him before a decision is arrived at by the Disciplinary Committee except in the following cases:

The disciplinary regulations made under this section shall provide for the procedure for the hearing of an appeal against the decision of the Disciplinary Committee.

For the purpose of this section, “officer” includes the

Director General.