Malaysia legislation
Section 6
Section 6
The Council shall have the following powers for the discharge of its functions and duties under this Ordinance:
(a)
to carry out all activities, the carrying on of which appears to the Council to be necessary, advantageous or convenient for or in connection with the discharge of its duties;
(b)
to undertake the collection of biological resources for research and development, and for the establishment of a library of extracts of biological resources for the purposes referred to in section 5(c);
(bb) to ensure that prior informed consent is obtained from the natives where traditional knowledge associated with a biological resource is accessed and an agreement that includes benefit sharing based upon mutually agreed terms is entered into;
[Sub. Cap. A106, Am. Cap. A163]
(c)
to promote the carrying on of any such activities by other bodies or persons or jointly with such other bodies or persons;
(d)
to carry on such activities in association or collaboration or in joint venture with other bodies or persons including the departments or agencies of the Government or of the Government of Malaysia;
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(e)
with the approval of the Minister, to acquire, purchase, lease, take, hold and enjoy movable and immovable property of every description and sell, convey, assign, surrender and yield up, mortgage, demise, reassign, transfer or otherwise dispose of any movable or immovable property vested in the Council upon such terms as the Council thinks fit;
(f)
to erect and maintain all necessary buildings for the purposes of the Biodiversity Centre;
(g)
to manage the Biodiversity Centre or to appoint any person or body to manage the same on its behalf;
(h)
to acquire, install and maintain exhibits for the
Biodiversity Centre;
(i)
to establish systems for maintaining and updating of databases of biodiversity in the Biodiversity Centre;
(j)
to receive donations, grants, gifts of movable or immovable property from any source or to raise funds by any lawful means;
(k)
to regulate and control public access to the Biodiversity
Centre or the exhibits or resources maintained therein, and to charge fees for such access;
(l)
to make provision for the specialized training of officers or employees of the Council and in that connection may offer scholarships to intending trainees or otherwise pay for the course of such training and all expenditure incidental thereto;
(m)
to enter into contracts, establish trusts and generally to regulate transaction of all business connected with the Council;
(n)
to apply for and seek loans, grants, funds and other financial assistance from the Government of Malaysia and other corporation, institution or body, whether within or outside
Sarawak, for the purposes of this Ordinance;
[Sub. Cap. A220]
(o)
to create, develop, apply for, own and hold intellectual property rights arising out of research and development under this
Ordinance, including those intellectual property rights transferred to and vested in the Council, and to enter into arrangements with
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any person, organization or institution for the commercial application of such intellectual property rights on such terms as to royalty, commission, fee, profit sharing scheme, or other tangible benefits or rewards as the Council may deem fit or to be commercially advantageous to the Council;
(p)
to license the use, whether for commercial or non-commercial purposes, of any intellectual property rights, whether belonging to the Council or the Government, as may be authorized by the Government, on such terms and conditions as the Council deems fit;
(q)
to provide or develop facilities for research and development for scientific, commercial or any other purposes incidental to the functions of the Council; and
(r)
to discharge such other functions as may be assigned to the Council by the Majlis Mesyuarat Kerajaan Negeri.
[Add. Cap. A220]
Power to incorporate company