Act 319 is Malaysia Act, cited as Act 319 1985, currently marked repealed and first recorded in 1985.

Is Act 319 still in force?

No — Act 319 has been repealed.

When did Act 319 take effect?

Act 319 was first recorded in 1985.

Where can I read the official version of Act 319?

The official text of Act 319 is published at lom.agc.gov.my.

ActRepealed

Act 319

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Enacted: 1985
Sections: 27

Opening note

Preamble

An Act to establish the Malaysian Forestry Research and Development Board, for the administration of a fund for the purpose of financing research and to provide for matters connected therewith. [1 October 1985, P.U. (B) 448/1985] 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, application, and commencement

Section 1

(2)

This Act shall come into force on such date as the Minister may by notification in the Gazette appoint, and different dates may be appointed for different parts of Malaysia.

Interpretation

Section 2

In this Act, unless the context otherwise requires—

6 Laws of Malaysia ACT 319

“approved programmes” means programmes approved by the

Board;

“Board” means the Malaysian Forestry Research and Development

Board established under section 3;

“Chairman” means the Chairman of the Board appointed under section 3;

“Director General” means the Director General appointed under section 12 and includes the Deputy Director General;

“forest development” means the management and development policies and activities for all natural and man-made forests, based on sound ecological and economic principles, for the expressed purposes of both the production of forest produce and the protection of the environment;

“forest industries” means all industries engaged in the harvesting, extraction, processing, manufacture, preservation and seasoning of forest produce;

“forest produce” means—

(a)

products in the unprocessed or semi-processed form, that is to say―

logs; poles; fuelwood; rubberwood; stems of oil palms, coconut and other palms; gaharu and other scented wood;

gums, damar and oleoresins; wood oils; leaves; rattans;

bamboos; illipe nuts; shoots; roots; mengkuang;

(b)

products that have undergone processing or whose forms have been altered, that is to say—

sawn timber; charcoal; essential oils; wood chips, and wood shavings; ground wood; beadings, and mouldings;

plywood and veneer; particleboards, and fibreboards;

blockboards, laminboards, and other reconstituted woodbased panel products; wood pulp, paper and paper

Malaysian Forestry Research 7

and Development Board products; glue-laminated timber; and other processed products derived from items listed in (a); and

(c)

products in the finished form, that is to say—

attaps; railway and tramway sleepers of wood; furniture, handicrafts and toys of wood; wooden handles of tools;

piles, pickets, and stakes of wood; picture frames of wood; packing cases of wood; household utensils of wood; basketwork, wickerwork and other articles of plaiting; pencils; and other finished articles that are wholly or partially made from products listed in (a) or (b);

“Fund” means the Forestry Research and Development Fund established under section 15;

“Institute” means the Forest Research Institute of Malaysia established under section 11;

“member” means a member of the Board, and includes an alternate member;

“Minister” means the Minister for the time being charged with the responsibility for the forestry sector;

“remuneration” includes salary or wages, allowances, medical benefits, free or subsidized housing, and other privileges capable of being valued in money.

Part II

THE BOARD

Constitution of the Board

Section 3

(2)

The Board shall consist of the following members who shall be appointed by the Minister:

(a)

a Chairman;

(b)

a representative of the Ministry responsible for forestry;

(c)

a representative of the Treasury;

(d)

a representative of the Federal Forestry Department;

(e)

a representative of the Malaysian Timber Industry Board;

(f)

three representatives of the timber trade and industry; and

(g)

such other persons not exceeding four in number who, in the opinion of the Minister, can contribute to forestry research and development.

(3)

The Minister shall, in addition to the persons mentioned in subsection (2), appoint to be members of the Board not more than three other persons as the Minister considers fit, to represent the interest of the States in forestry research.

(4)

The Director General shall be a member of the Board.

(5)

The Board shall exercise its functions and perform its duties in accordance with the Schedule.

Section 4

Tenure of office

The members of the Board shall hold office for such period as may be specified in their letters of appointment and shall be eligible for reappointment.

Malaysian Forestry Research 9

and Development Board

Section 5

Alternate members

(2)

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

(3)

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

Appointments to the Board shall be gazetted

Section 6

The appointment of every member and alternate member of the

Board shall be published in the Gazette.

Section 7

Temporary exercise of functions of Chairman

(2)

Until an appointment is made under subsection (1), or in default of such appointment, the member appointed under paragraph 3(2)(b)

shall exercise the functions of and be deemed to be the Chairman;

and if that member is for any reason unable to act under this subsection, the member appointed under paragraph 3(2)(d) shall exercise the functions of and be deemed to be the Chairman.

10 Laws of Malaysia ACT 319

Section 8

Functions of the Board

(a)

to conduct and promote research into forest development including the production, extraction, processing, storage, transportation and utilization of forest produce, and other fields appropriate to the continued development of the forestry sector and the conservation of the resource base;

(b)

to secure, where the public interest or the interest of forest development and forest industries so require, the development and exploitation of results of research, which appear to the Board not to have been developed or exploited or sufficiently developed or exploited;

(c)

to acquire, hold, dispose of or grant rights in connection with the result of any research conducted by the Board or, where the public interest or the interest of forest development and forest industries so require, in connection with the result of any research undertaken by any person or organization;

(d)

to control, coordinate and monitor the activities of any organization undertaking research and development programmes and projects financed wholly or mainly from the Fund;

(e)

to ensure that it is kept fully informed of the relevant activities of any organization undertaking research and development programmes and projects financed partly by the Fund;

(f)

to collect, collate and disseminate information relating to forest management and development, forest produce and forest products utilization;

(g)

to coordinate activities within Malaysia relating to research and development, publicity and other matters relating to forest development and forest industries and to

Malaysian Forestry Research 11

and Development Board liaise with bodies outside Malaysia concerned with these matters;

(h)

to keep the Minister fully informed of all matters relating to forestry research and development; and

(i)

to exercise such other functions as the Minister may, from time to time, direct.

(2)

The Board may do all things reasonably necessary for, or expedient or incidental to, the discharge of its functions, in particular but without prejudice to the generality of this section—

(a)

to enter into contracts with, or commission any person or body to carry out research;

(b)

to provide consultancy services to the public; and

(c)

to set up committees, which may consist of or include persons who are not members of the Board, to advise or assist the Board on such matters concerning its functions as it considers fit; and the Board may delegate, subject to such conditions and restrictions as it may impose, such of its functions under the Act (except the power to make regulations and to borrow money) as it considers fit to any such committees, and any act done or decision made by the committees pursuant to such delegation shall be deemed to be the act or decision of the Board.

Section 9

Minister may give directions

The Board shall be responsible to the Minister and the Minister may, after consultation with the Board where in his discretion he deems it necessary to do so, give to it such directions as to him appear appropriate and expedient and the Board shall comply with such directions.

12 Laws of Malaysia ACT 319

Section 10

Power of Board to make regulations

The Board may, with the approval of the Minister make such rules and regulations as it considers necessary for the effective discharge of its functions under section 8, and in particular, but without prejudice to the generality of the power conferred by this section, such rules and regulations may—

(a)

prescribe the procedure for the administration of the Fund under Part IV;

(b)

provide for the schemes and terms and conditions of service including the conduct and discipline of the officers and servants of the Institute;

(c)

prescribe the terms and conditions of loans made to the officers and servants of the Institute under paragraph 15(3)(d); and

(d)

provide for any other matter that is required for the better and effective carrying out of the provisions of this Act.

Part III

THE INSTITUTE

Section 11

(2)

The Board shall, in relation to the Institute,—

(a)

subject to subsection 12(4), determine the number and grades of posts of the officers and servants required by the

Institute;

Malaysian Forestry Research 13

and Development Board

(b)

determine the priority of the research activities of the

Institute and approve the annual programmes of research and the estimates of expenditure necessary for carrying out the activities and administration of the Institute;

(c)

ensure that the approved programmes are duly carried out and that the expenditure incurred is in accordance with the estimates of expenditure; and

(d)

have such other powers as may be necessary for the management of the Institute.

Section 12

Appointment of officers and servants of the Institute

(2)

The Board shall appoint a Deputy Director General of the

Institute and may also appoint such number of other officers and servants of the Institute as it considers necessary and expedient for the exercise of its functions.

(3)

The appointments of the Director General and the Deputy

Director General shall be published in the Gazette.

(4)

The Board shall, before establishing or modifying any scheme of service for officers and servants of the Institute, including the terms and conditions of service and the salaries, any pensions scheme, and any scheme relating to allowances and other remuneration, obtain the approval of the Treasury and the Public

Services Department.

Section 13

Powers and duties of the Director General

(2)

The Director General shall—

(a)

submit for the approval of the Board—

(i)

annual programmes of research; and

(ii)

the estimates of revenue and expenditure necessary to carry out the activities of the Institute including the annual programmes of research and for the administration of the Institute;

(b)

ensure that the approved programmes are duly implemented and that the expenditure for carrying out the approved programmes as well as for the administration of the Institute, is in accordance with the estimates approved by the Board;

(c)

keep the Board fully informed of the progress of research, development and advisory work, and to prepare and submit to the Board as soon as possible after the end of each financial year a report dealing with the administration of the Institute accompanied by a statement of income and expenditure for the year just ended together with a balance sheet as at the end of the year; and

(d)

be responsible for providing and maintaining the necessary secretariat services for the Board.

(3)

In the exercise of his powers and the performance of his duties, the Director General shall be assisted by the Deputy Director

General.

(4)

Where the Director General is temporarily unable to exercise his powers and duties on grounds of sickness, absence or any other cause, the Deputy Director General shall exercise the powers and duties of the Director General.

Malaysian Forestry Research 15

and Development Board

Section 14

Public servants

All members and all officers and servants of the Institute shall be deemed to be public servants within the meaning of the

Penal Code [Act 574].

Part IV

FINANCE AND ANNUAL REPORT

Forestry Research and Development Fund

Section 15

(2)

The following shall be paid into the Fund:

(a)

any grant made to the Board by the Federal or any State

Government;

(b)

all moneys collected under section 19;

(c)

all moneys borrowed by the Board under section 16;

(d)

all moneys earned or arising from any investment under section 17 or from any properties, mortgages, charges or debentures; and

(e)

moneys received from other sources including fees for advice or services rendered pursuant to section 22, or fees or royalties charged pursuant to subsection 23(2).

(3)

The Fund shall be applied for defraying the following:

(a)

to meet the expenses incurred by the Board in administering the Fund and in exercising its functions

16 Laws of Malaysia ACT 319

under this Act including the remuneration of officers and servants of the Institute;

(b)

to provide funds to the Institute for executing the functions of the Board under this Act;

(c)

to provide funds to any organization which the Board thinks expedient to commission research, development or publicity activities;

(d)

to grant loans to the officers and servants of the Institute for the purpose of purchasing dwelling house or conveyances, on such terms and conditions as may be prescribed by the Treasury;

(e)

to contribute by way of subscription or donations to any organization, whether local or international, which promotes the interest of research in forest development and forest industries;

(f)

to repay moneys borrowed by the Board under section 16;

and

(g)

to meet any other expenses which the Board considers incidental to its functions.

Section 16

Power to borrow money

The Board may, upon the approval of the Minister given with the concurrence of the Minister of Finance, borrow moneys for the purposes of exercising its functions.

Section 17

Power to invest

The Board may, upon the approval of the Minister given with the concurrence of the Minister of Finance, invest the Fund or any part thereof, not being immediately required for meeting its obligations or exercising its functions, in any investment or securities for the time

Malaysian Forestry Research 17

and Development Board being authorized for the investment of trust funds under any written law.

Section 18

(Deleted by Act 478).

Section 19

Research cess

(2)

Every such order shall be published in the Gazette.

(3)

Except as may be otherwise provided in any such order, such cess shall be deemed for the purposes of collecting and enforcing the collection thereof to be a customs duty imposed under the Customs

Act 1967 [Act 235].

Submission of accounts, audit and annual report

Section 20

The Statutory Bodies (Accounts and Annual Reports) Act 1980

[Act 240] shall apply in respect of the accounts, audit and annual reports of the Board.

Part V

SUPPLEMENTAL AND TRANSITIONAL PROVISIONS

Protection of the Board and its members, and officers and servants of the Institute

Section 21

No action or prosecution shall be brought, instituted or maintained in any court against the Board or any of its members, or against any officer or servant of the Institute for or on account of or

18 Laws of Malaysia ACT 319

in respect of any act ordered or done for the purpose of carrying into effect this Act, and no suit or prosecution shall lie in any court against any other person for or on account of or in respect of any act done or purporting to have been done by him under order, direction or instruction of the Board or any of its members, or any officer or servant of the Institute given for any such purpose as aforesaid:

Provided that the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.

Section 22

Fees

The Board may from time to time fix the fees to be charged in respect of any research, investigation, test, advice or other services that the Institute is requested to carry out, render or perform pursuant to paragraph 8(2)(b).

Section 23

Property in discoveries and improvements

(2)

The Board may make available any discovery or improvement vested in the Institute by virtue of subsection (1), to any body or person subject to such conditions and to the payment of such fees or royalties if any, as the Board may determine.

Section 24

Transfer of rights and liabilities

All rights and liabilities which immediately before the commencement of this Act were the rights and liabilities of the Forest

Malaysian Forestry Research 19

and Development Board

Research Institute (hereinafter referred to as the “former Institute”)

established under the Federal Forestry Department, shall on the coming into force of this Act be the rights and liabilities of the Board constituted under this Act.

Section 25

Continuance of officers and servants

Every person who immediately before the commencement of this Act was employed as an officer or servant of the Federal Forestry

Department for the former Institute, shall on that commencement have the right to an option to be employed by the Board upon terms and conditions of service no less favourable than those enjoyed immediately before that commencement, or to remain in the service of the Federal Forestry Department.

Section 26

Validation of acts done in anticipation of Act

(2)

For the avoidance of doubt, it is declared that subsection (1)

does not authorize the appointment of members, officers or servants of the Board except in so far as to authorize the temporary appointment of such persons until appointed under this Act.

______________________________

20 Laws of Malaysia ACT 319

Schedule

[Subsection 3(5)]

SUPPLEMENTARY PROVISIONS RESPECTING THE BOARD

1. The Board shall hold at least four meetings in each year.

2. The Board shall also meet at such other times as may be deemed necessary by the Chairman or at the request of any six members.

3. (1) At any meeting of the Board, six members shall form a quorum.

(2)

Decisions of the Board shall be taken by a simple majority of the members present and voting.

(3)

If on any question to be determined by the Board there is an equal division of votes, the Chairman or member presiding, shall have a casting vote in addition to his deliberative vote.

4. (1) A member who—

(a)

at three consecutive meetings of the Board, without reasonable cause or the permission in writing of the Chairman, has neither been present nor represented by the alternate member, if any, appointed in respect of that member;

(b)

has been found or declared to be of unsound mind;

(c)

has become bankrupt or made an arrangement with his creditors; or

(d)

has been convicted of any offence involving fraud, dishonesty, or moral turpitude, shall cease to hold office.

(2)

The provisions of subparagraph (1), other than subsubparagraph (1)(a), shall apply mutatis mutandis to an alternate member.

5. The Chairman and members may be paid such allowances as may be determined by the Minister.

6. The seal of the Board shall be affixed in the presence of the Chairman and one other member who shall sign every deed or other document or instrument to which such seal is affixed and such signing shall be prima facie evidence that such seal was duly and properly affixed and that the same is the lawful seal of the Board.

7. Subject to paragraphs 1, 2, 3 and 4, the Board may regulate its own procedure.

Act 319

LIST OF AMENDMENTS

Amending law Short title In force from

Act A681

Malaysian Forestry Research

25-09-1987

and Development Board

(Amendment) Act 1987

Act 478

Revocation of Exemption from

21-02-1992

from Payment of Stamp

Duties Act 1992

______________

Act 319

LIST OF SECTIONS AMENDED

Section Amending authority In force from

Act A681

25-09-1987

Act 478

21-02-1992

______________

Common questions

What is Act 319?: Act 319 is Malaysia Act, cited as Act 319 1985, currently marked repealed and first recorded in 1985.
Is Act 319 still in force?: No — Act 319 has been repealed.
When did Act 319 take effect?: Act 319 was first recorded in 1985.
How many sections does Act 319 have?: Act 319 contains 26 sections.
Where can I read the official version of Act 319?: The official text of Act 319 is published at lom.agc.gov.my.

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Malaysian law

Reference: Act 319 1985
Version shown: English, repealed
Status of this text: Official translation

Legislative history

You are reading the repealed text, which already incorporates the amendments below.

Enacted 1985. Current status: Repealed

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