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Sarawak Forestry Corporation Ordinance, 1995 is Malaysia State Ordinance, cited as State Ordinance Cap. 17 1995, currently marked in force and first recorded in 1995.
Incorporating all amendments up to 31st July, 2024
PREPARED AND PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, SARAWAK
UNDER THE AUTHORITY OF THE REVISION OF LAWS ORDINANCE, 1992 2007
Date Passed by Dewan Undangan
Negeri
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31st October, 1995
Date of Assent ...
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17th November, 1995
Date of Publication in Gazette
30th November, 1995
1
Opening note
Short title and commencement
This Ordinance may be cited as the Sarawak Forestry
Corporation Ordinance, 1995, and shall come into force on such date as the Minister may, by notification in the Gazette*, appoint.
Interpretation
“appointed day” means the day on which this Ordinance comes into force;
“Board” means the Board of Directors constituted under section 6;
“Chairman” means the Chairman of the Board of Directors and, includes any temporary Chairman;
“Corporation” means the Sarawak Forestry Corporation established under section 3;
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“Director” … [Deleted by Cap. A213/2024];
“forest produce” … [Deleted by Cap. A213/2024];
“Fund” means the Fund established under section 25;
“Government” means the Government of the State of
Sarawak;
“liabilities” means liabilities, debts, charges, duties and obligations of every description whether present or future, actual or contingent, and whether payable or to be observed or performed in Sarawak or elsewhere;
“member” means a member of the Board of Directors, and includes the Chairman referred to under section 6;
“Minister” means the Minister for the time being charged with the responsibility for resource planning in Sarawak;
“property” includes all property, movable or immovable, and all estates, interests, easements or rights, whether equitable or legal in, to or out of property, patent and copyright, choses-in-action, money and goodwill; and “vested”, in relation to property, includes rights to property which are future or contingent and rights in reversion and remainder;
“rights” means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
“Secretary” means the Secretary of the Board appointed pursuant to section 6(6);
“vesting date” means the date on which property, rights and liabilities specified by the Minister in the order under section 4(1)
to which the Government of Sarawak was entitled or subject to, are transferred to and vested in the Corporation.
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SARAWAK FORESTRY CORPORATION
Establishment of the Sarawak Forestry Corporation
The Corporation shall for the purpose of the Land Code
[Cap. 81 (1958 Ed.)] be deemed a native.
Vesting provisions
Every property vested by virtue of subsection (1) in the
Corporation shall be so vested in the Corporation for the like title, estate or interest and on the like tenure as the same was vested or held immediately before the vesting date.
Every chose-in-action vested by virtue of subsection (1) in the Corporation may, after the vesting date, be sued on, recovered or enforced by the Corporation in its own name and it shall not be necessary for the Corporation or the Government to give notice to the person bound by the chose-in-action of the vesting effected by subsection (1).
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Every right and liability vested by virtue of subsection (1)
in the Corporation may, on and after the vesting date, be sued on, recovered or enforced by or against the Corporation in its own name and it shall not be necessary for the Corporation or the Government to give notice to the person whose right or liability is affected by the vesting under subsection (1).
Any pending legal proceedings by or against the
Government which relate to any property, right or liability transferred to and vested in the Corporation by virtue of subsection (1) may, on and after the vesting date, be continued by or against the Corporation.
In the case of rights and liabilities arising under any loans which is vested in the Corporation on the vesting date, the
Corporation may enter into such arrangements or agreements over such rights and liabilities with the Government or any third party.
On and after the vesting date, any agreement relating to any property, rights and liabilities transferred to and vested in the
Corporation under subsection (1) to which the Government was a party immediately before the vesting date, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by the Government, shall have effect as if the Corporation has been a party to the agreement.
Common seal
The common seal shall be kept in the custody of the
Secretary and shall be authenticated by the Chairman or one member generally or specially authorized by the Board for the purpose and the
Secretary.
All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (2) shall, until the contrary is proved, be deemed to have been validly executed.
9
The common seal of the Corporation shall be officially and judicially noticed.
Membership of the Board
The Board shall consist of the following members:
the Deputy Chairman, who shall be the Deputy
Minister in charge of natural resources; and
not more than eight and not less than five other members to be appointed by the Minister, of whom at least three must be officers in the State Public Service.
The members appointed under subsection (2)(c) who are not public officers, shall be from among persons with experience or knowledge in forestry, national parks, nature reserves and wild life, financial, commercial or legal matters.
The Deputy Chairman shall discharge and perform all duties and functions of the Chairman if the Chairman is unable for reason of illness or incapacity to act.
In the event of both the Chairman and Deputy Chairman being absent or unable to act due to illness or any other cause, the
Minister shall appoint any member of the Board to be the temporary
Chairman.
The Secretary of the Board shall be appointed by the
Chairman after consultation with the Minister. The Secretary shall
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hold office for such term as the Chairman shall determine and may be paid such salaries and remuneration as the Board shall decide.
Subject to such terms as the Minister may determine, a member, other than the Deputy Chairman, shall hold office for a term not exceeding three years and shall be eligible for re-appointment.
Disqualification of member
No person shall continue to hold office as a member if he—
absents himself from three consecutive meetings of the
Board without leave of the Chairman.
Revocation and resignation of member
Any member or the Secretary may, at any time, resign from his office by giving notice in writing to the Chairman.
Functions of the Corporation
The functions of the Corporation shall be—
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to act as agent of the Government to enforce the provisions under the National Parks and Nature Reserves
Ordinance, 1998 [Cap. 27] and the Wild Life Protection
Ordinance, 1998 [Cap. 26];
[Sub. Cap. A213/2024]
to perform such other functions as are conferred on the
Corporation by any other written law.
[Sub. Cap. A213/2024]
Without prejudice to the generality of subsection (1), the powers of the Corporation shall include power—
to utilize all property of the Corporation, movable and immovable, in such manner as the Corporation may think expedient including the raising of loans by mortgaging such property;
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to engage in any activity, either alone or in conjunction with other organizations or international agencies, to promote better understanding of wildlife protection and conservation of national parks and nature reserves;
to provide technical advice or assistance, including training and training facilities, for wildlife protection and conservation of national parks and nature reserves;
to grant loans to employees of the Corporation for any purpose specifically approved by the Board;
to provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of employees of the Corporation;
to provide training for employees of the Corporation and to award scholarships or otherwise pay for such training;
For the avoidance of doubt, the powers of the Corporation shall include the powers vested in the National Parks and Nature
Reserves Ordinance, 1998 [Cap. 27] or the Wild Life Protection
Ordinance, 1998 [Cap. 26].
Appointment of committees
Members of a committee established under subsection (1)
may be appointed from amongst members of the Board or such other persons as the Board thinks fit.
Persons who are disqualified from being members of the
Board under section 8 shall also be disqualified from being members of a committee.
A member of the committee shall hold office for such term as may be specified in his letter of appointment and is eligible for re-appointment.
The Board may revoke the appointment of any member of a committee without assigning any reason therefor.
A member of a committee may at any time resign by giving notice in writing to the Chairman of the Board.
Delegation of functions
Any functions delegated under this section—
may be so delegated subject to such conditions or restrictions as the Board may either generally or specifically impose; and
No delegation made under this section shall preclude the Board itself from performing at any time any of the functions so delegated.
Formation of companies, etc.
Any company incorporated or established by the
Corporation may be wholly owned by the Corporation or may be a subsidiary or related or associated company of the Corporation.
Power of Minister to give directions and require information
The Corporation shall furnish the Minister with such returns, accounts and other information as he may, from time to time, require.
[Deleted by Cap. A213/2024]
Salaries, terms and conditions of service of Government employees to be taken into account
Where any person in the service of the Corporation whose case does not fall within the scope of any pension or other schemes established under this section retires or dies while in the service of the
Corporation or is discharged from such service, the Corporation may grant to him or to such other person or persons wholly or partly dependent on him, as the Corporation thinks fit, such allowance or gratuity as the Corporation may determine.
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Appointment of other employees, agents and consultants
The Board may appoint and employ such consultants and agents to transact any business or to do any act required to be transacted or done in the execution of its functions or for the better carrying into effect the purposes of this Ordinance.
Appointment of General Manager
The General Manager shall be responsible for—
the proper administration and management of the
Corporation in accordance with the policies laid down by the
Corporation;
the supervision and control over the implementation of all decisions and policies of the Corporation;
the issue of policy guideline or elucidation of decisions of the Corporation to officers and servants of the Corporation;
and
the execution of all programmes, plans, schemes and projects of the Corporation.
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The General Manager shall perform such further duties as the Board may from time to time direct.
[Am. Cap. A104, Cap. A213/2024.]
If the General Manager is temporarily absent from
Malaysia or is temporarily incapacitated through illness or for any other sufficient cause, from the performance of his duties, the Board, with the approval of the Minister, may direct another officer to perform his duties during such temporary absence or incapacity of the
General Manager.
[Am. Cap. A104, Cap. A213/2024.]
Regulations with respect to discipline
The regulations made under this section may include provisions of—
the suspension without salary or other remuneration, of an employee of the Corporation during the pendency of disciplinary proceedings against him.
The regulations made under this section shall create and classify the 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.
The regulations made under this section may, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for representations to be made by the person against whom the disciplinary proceedings are taken before a decision is arrived at by the Board on the disciplinary charge laid against such person.
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Continuation and completion of disciplinary proceedings
An order, ruling or direction made or given by any committee established by the Board to conduct disciplinary proceedings shall be treated as an order, ruling or direction of the
Board and have the same force or effect as if it had been made or given by the Board pursuant to the authority vested in the Board under this Ordinance.
Imposition of surcharge
is or was responsible for any improper payment of moneys from the Fund or for any payment of such moneys which is not duly vouched;
is or was responsible for any deficiency in, or for the destruction of, any moneys, securities, stores or other poperty of the Corporation;
being or having been an accounting officer, fails or has failed to keep proper accounts or records; or
has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the
Corporation to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Corporation, and if a satisfactory explanation is not furnished to the Board within a period specified by the Board, with regard to the failure to collect, improper payment, payment not duly vouched, deficiency or destruction, or failure to keep proper accounts or records, or failure to
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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 payment, or the delay in making payment, the Board may surcharge against the said person such sum as the Board may think fit.
The Board shall notify the person surcharged of its decision made under subsection (1).
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 notify the person concerned accordingly.
The amount of any surcharge imposed under subsection (1)
and not withdrawn under subsection (3) shall be a debt due to the
Corporation from the person against whom the surcharge is imposed and may be sued for and recovered in any court at the suit of the
Corporation and may also be recovered by deduction—
from the pension or any retirement benefits 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.
Protection from personal liability
No suit or other legal proceedings shall lie personally against any member of the Board or any officer or employee of the
Corporation or any other person under the direction of the Corporation for anything which is done in good faith or intended to be done in the execution or purported execution of this Ordinance.
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Public servants
All members of the Board and its committees and all officers, employees or agents of the Corporation shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Fund of the Corporation
The Fund of the Corporation shall consist of—
all moneys received by the Corporation for services rendered by the Corporation to the Government as its agent or for services rendered by the Corporation to any person;
all moneys derived from the disposal, lease or hire of, or any other dealing with, any property vested in or acquired by the Corporation;
all other moneys lawfully received by the Corporation.
Expenditure and preparation of estimates
Before the beginning of each year, the Corporation shall submit to the Majlis Mesyuarat Kerajaan Negeri an estimate of the expenditure for the following year in such form and containing such particulars as the Majlis may direct, and the Majlis shall, before the beginning of that following year, notify the Corporation through the
Minister of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure.
The Corporation may at any time submit to the Majlis
Mesyuarat Kerajaan Negeri a supplementary estimate for any one year and the Majlis may allow the whole or any part of the additional expenditure included therein.
Power to borrow
The Corporation shall not provide guarantee or security to secure the debt or liabilities of any person or party without the prior approval of the Majlis Mesyuarat Kerajaan Negeri.
Grants
For the purposes of enabling the Corporation to carry out its functions under this Ordinance, the Majlis Mesyuarat Kerajaan
Negeri may, from time to time, make grants-in-aid to the Corporation of such sums of money as the Majlis may determine out of moneys to be provided by the Dewan Undangan Negeri.
Bank accounts and application of revenue
The moneys of the Corporation shall be applied only in payment of discharge of the expenses, obligations and liabilities of the
Corporation and in making any payment that the Corporation is authorized or required to make.
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Investment
The Corporation may, with the approval of the Minister, invest any of its funds available for investment in the following manner:
Bank Negara Malaysia;
banks duly licensed under the Banking and
Financial Institutions Act 1989 [Act 372]; or
any other financial institution duly licensed under the Banking and Financial Institutions Act 1989 [Act 372];
by investing in bonds, debentures, commercial notes, banker’s acceptances, money market instruments, certificates of deposits and promissory notes and bills of exchange within the meaning of the Bills of Exchange Act 1949 [Act 204]; or
by investing in accordance with the provisions of the
Trustee Act 1949 [Act 208]:
Provided however, where the Corporation invests in or upon titles to immovable property in Malaysia in accordance with section 4(1)(c) of the Trustee Act 1949 [Act 208], such immovable property may or may not yield any income at the time of such investment.
Immunity from legal action or proceedings
Any action or legal proceedings in respect of the collection or recovery of royalty, premia, fees and other dues or levies shall be instituted or taken by or in the name of or against the Government.
Obligation of secrecy
Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Statutory
Bodies
(Financial and
Accounting
Procedure)
Ordinance, 1995 to apply
The provisions of the Statutory Bodies (Financial and
Accounting Procedure) Ordinance, 1995 [Cap. 15], shall apply to the
Corporation.
Power of Minister to amend the Schedule
The Minister may, by order published in the Gazette, amend the Schedule to this Ordinance.
Regulations
Without prejudice to the generality of subsection (1), the
Corporation may make regulations for or with respect to all or any of the following matters:
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the manner of appointment, and the terms and conditions of service of the officers and employees of the
Corporation;
the payment of gratuities and other benefits to officers and employees of the Corporation; and
the fees or charges to be imposed in respect of anything done under or by virtue of this Ordinance.
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(Section 6(7))
PROCEEDINGS OF THE BOARD
Meetings of the Board 1.⎯(l) The Board shall meet for the despatch of its business at least once in three months at such time and place as the Chairman may, from time to time, determine.
(2)
At every meeting of the Board, three members shall form a quorum.
(3)
A decision at a meeting of the Board shall be adopted by a simple majority of the members present and voting except that, in the case of an equality of votes, the Chairman shall have a casting vote in addition to his original vote.
Disclosure of interest by members 2.⎯(l) A member of the Board who is in any way, directly or indirectly, having any interest in any transaction or project of the Corporation shall disclose the nature of his interest at a meeting of the Board; and such disclosure shall be recorded in the minutes of the meeting and the member shall take no part in any deliberation or decision of the Board with respect to that transaction or project.
(2)
For the purpose of determining whether there is a quorum, a member shall be treated as being present at a meeting notwithstanding that under subparagraph (1) he cannot vote or has withdrawn from the meeting.
Vacancies 3.
The Board may act notwithstanding any vacancy in its membership.
Procedure at meetings 4.⎯(1)
Subject to this Ordinance, the Board may, with the approval of the
Minister, make rules to regulate its own procedure generally and, in particular, regarding the holding and proceedings of meetings, the notice to be given of such meetings, the keeping of minutes and the custody, production and inspection of such minutes.
(2)
Any minutes made of meetings of the Board or any committee, if duly signed by the Chairman, shall, in any legal proceedings, be admissible as evidence of the facts stated therein and every meeting of the Board or any committee in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.
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Validity of proceedings 5.
The validity of any proceeding of the Board shall not be affected by any contravention of paragraph 2 by any member.
The Board may invite others to meetings 6.
The Board may invite any person to attend any meeting or deliberation of the Board for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the said meeting or deliberation.
Allowances payable to members of the Board 7.
There may be paid to the members of the Board or any other person invited to attend any meeting of the Board such remuneration or allowances out of the funds of the Corporation as the Minister may determine.
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Chapter 17
LIST OF AMENDMENTS
Amending Law
Shorts title
In force from
Swk. L.N. 75/97
Date of Commencement of the
Ordinance 1.1.1998.
Cap. A104
Forests (Amendment) Ordinance,
2003 9.6.2003.
(Swk. L.N. 68/2003)
Cap. A213
Sarawak Forestry Corporation
(Amendment) Ordinance,
2024 1.7.2024
(Swk. L.N. 258/2024)
[List of Amendments]