Sarawak Research and Development Council Ordinance, 2017

The Chief Minister may appoint different dates for the coming into force of different parts or provisions of this

Ordinance.

Interpretation 2.―(1) In this Ordinance, unless the context otherwise requires—

“Advisory Panel” means the panel of advisors formed and constituted by the Council under section 8(1);

“Council” means the Council established under section 3;

“commercial application” in relation to any finding or discovery or knowledge resulting from any research and development, means the application, utilization or exploitation

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of such finding, discovery or knowledge or technology or innovation in the manufacture, production, sale, distribution of any product or service in the course of trade, business or enterprise or profession, and includes any business or commercial activity that is necessary for or related to the promotion, development or enhancement of any such trade, business, enterprise or profession;

“company” means a company incorporated and registered under the Companies Act 2016 [Act 777];

“fund” refers to the Sarawak Research and Development

Fund established under section 9;

“General Manager” means the General Manager of the

Council appointed under section 5 and includes any person appointed by the Council to temporarily discharge the functions and duties of the General Manager;

“Government” means the Government of the State of

Sarawak;

“member” means a member of the Council and includes the Chairman;

“research and development” means research directed towards the innovation, introduction, and improvement of products and processes including research and development in science, technology and social sciences;

“repository” means a system for storing, retrieving and managing research and development documents including relating to intellectual properties and other relevant information;

“scientific research” means any systematic, investigative or experimental activity or study, including for the purpose of increasing or acquiring new knowledge into crops, plants, trees, biological substances, marine life, soils and the biodiversity of Sarawak;

“statutory body” means a body corporate established under the laws of Sarawak;

“technology research”

means any systematic, investigative or experimental activity or study involving the application of technical knowledge or innovative skills, to

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develop, create or establish new or improved systems, processes, products, ideas, devices, and designs for commercial application, for the improvement of transportation and the development and promotion of the usage of green or clean energy and to safeguard or enhance the quality of the environment.

suing and being sued;

acquiring, holding, owning property, both moveable and immoveable, and the development thereof; and

carrying out such acts and having such obligations and incurring such liabilities as bodies corporate may lawfully do and suffer.

All deeds and other documents requiring the common seal of the Council to be affixed at the execution thereof, shall be affixed in the presence of—

All documents and instruments which are not required by any written law to be executed under seal, may be executed on behalf of the Council by the Chairman (or any other member authorized in writing by the Council) and the General Manager.

The Council shall for all purposes of the Land Code

[Cap. 81 (1958 Ed.)] be deemed a native.

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Composition of the Council

a Chairman who shall be the Chief Minister or such other person as may be appointed by the Chief Minister to be the Chairman; and

not less than six and not more than twelve other members.

The members referred to in subsection (1)(b) shall be appointed by the Majlis Mesyuarat Kerajaan Negeri for a term not exceeding three years and shall be eligible for re-appointment.

The Majlis Mesyuarat Kerajaan Negeri may at any time, without assigning any reasons, revoke or terminate the appointment of any member of the Council appointed under subsection (2).

Any member of the Council appointed under subsection

may resign by notice in writing addressed to the Chief

Minister.

The Schedule shall apply to the Council, its members and proceedings.

General Manager

The General Manager shall also be the Secretary to the

Council who shall:

to support, direct, stimulate and facilitate research and development in Sarawak;

to co-ordinate, direct, monitor and assist research and development undertaken by Government departments, statutory bodies, companies or corporations owned or controlled by the Government, and to facilitate co-operation, communication, exchange of knowledge, ideas and information between them.

to promote, develop and sustain an environment conducive or capable of―

developing, nurturing and retaining talents and intellectual capital, with scientific and technological knowledge, innovative skills and capabilities, required to support the State’s advancement and for the promotion of the State’s economic growth and progress;

to establish, build, develop, manage and maintain facilities including repositories and institutions for undertaking research and development in the State as may be determined by the Council from time to time;

to provide financial assistance from moneys in the fund for research and development at any Government department, statutory body, company or corporation belonging to the Government and any educational institution in the State or in any facility or institution approved by the

Council;

to promote education in scientific and technology research and to provide financial assistance, in the form of loans, grants or advances to those pursuing scientific and technology research, or for the development or provision of

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incubation facilities for new enterprises towards the commercialization of any research discoveries, findings or innovations;

to create, develop, apply for 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 under section 39(4)(c) of the Sarawak Multimedia Authority Ordinance,

2017 [Cap. 73], and to enter into arrangements with any person, organization or institution for the commercial application of such intellectual property rights on such terms as to royalties, commissions, fees, profit sharing schemes, or other tangible benefits or rewards as the Council may deem fit or to be commercially advantageous;

to enhance or advance knowledge, skills and capability to use and apply new and innovative technologies in the conduct of personal affairs and businesses;

to implement any programme, policy and plan of the Government, not inconsistent with the provisions of this

Ordinance, designed or intended to facilitate or advance research and development in Sarawak; and

to carry out such other undertakings, activities or businesses as the Majlis Mesyuarat Kerajaan Negeri may direct in writing.

Powers of Council

to enter into collaborative arrangement (including the provision of financial support) with any industry, educational institution or research institution to promote, facilitate and advance research and development or the commercial application of any finding, discovery and intellectual property resulting from such research and development;

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to provide direction and financial support for any research and development carried out by any Government department, statutory body or company or corporation belonging to the Government;

to form or participate in the formation of any company or enter into any joint venture or partnership for the purpose of this Ordinance;

to carry out feasibility studies with a view to establish strategic direction for any specific research or for the commercial application of any discovery, finding and innovation;

to grant licence, on such terms and conditions as the

Council deems fit, for the use or commercial application of any intellectual property rights belonging to the Council;

to provide or develop incubator facilities for new enterprises and business support facilities or assistance to growing enterprises, which are based on or involved in the commercial application by any person approved by the

Council of any discovery, finding or innovation arising from research and development undertaken in accordance with this

Ordinance;

to publish, produce or sponsor the publication of journals, books or other materials in written form, electronic or other media on research and development undertaken pursuant to this Ordinance and to promote or undertake publicity in regard to such research and development;

to receive, accept, acquire, develop or hold or sell, charge, pledge or otherwise dispose of any property, moveable or immoveable;

to accept or receive donations and gifts from any source and to raise funds by borrowing or any other lawful means to enable the Council to perform its functions and discharge its duties;

to apply for and seek loans, grants, funds and other financial assistance from the Government of Malaysia and other corporations, institutions or bodies, whether within or outside Sarawak, for the purposes of this Ordinance;

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to invest all moneys not immediately required to be expended in the meeting of any obligations or the discharge of any functions of the Council in any bank or financial institution licensed under the Financial Services Act 2013 [Act 758] or Islamic Financial Services Act 2013 [Act 759] or in such other investments or securities as may from time to time be approved by the Council;

to acquire or obtain technologies from any source outside Sarawak to support or facilitate or essential for advancing any specific scientific and technology research and development undertaken by or on behalf of the Council in

Sarawak and to arrange for the transfer of such technologies;

to employ or appoint such officers, employees, agents, consultants, experts or advisors or establish committees consisting of persons who may or may not be members of the Council as the Council deems necessary for the efficient performance of its functions and discharge of its duties;

with the approval of Majlis Mesyuarat Kerajaan

Negeri―

to establish any scheme for payment of gratuities, pensions, contributions to provident fund or other superannuation benefits to such employees or classes of employees of the Council upon their retirement from the service of the Council or death while in the service of the Council; and

The members of the Advisory Panel shall be appointed on such terms and for such period as may be determined by the

Council:

Provided that such appointment may be revoked at any time by the Council without assigning any reason.

The functions and duties of the Advisory Panel are—

The fund shall be used and applied by the Council—

There shall be paid into the fund—

No withdrawal from or expenditure shall be charged to the fund unless authorized by this Ordinance or by a resolution passed by the Council.

Financial and accounting procedure

The accounts of the Council shall be audited by the

Auditor-General or such auditor appointed by the Council in consultation with the Auditor-General.

At the end of each financial year and so soon as the accounts of the Council has been audited under subsection (2), the

Council shall cause a copy of the audited accounts together with any observations or opinion of the Auditor-General or the auditor appointed under subsection (2) to be submitted to the Majlis

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Mesyuarat Kerajaan Negeri who may approve and thereafter cause the same to be laid before the Dewan Undangan Negeri.

The financial year of the Council shall commence on the 1st of January and end on the 31st of December of each year unless the Majlis Mesyuarat Kerajaan Negeri shall by direction alter the period of the financial year of the Council.

Estimates

The Council may at any time after consultation with the

State Financial Authority, submit a supplementary estimate for any financial year to the Chief Minister who shall thereafter forward the same to the Majlis Mesyuarat Kerajaan Negeri for its consideration and approval.

The Council may appoint or engage, on such terms and conditions to be determined by the Council, persons with requisite qualification and experience to the posts referred to in subsection

.

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Conduct and disciplinary control of employees

Any person contravening the provision of subsection

shall be guilty of an offence and shall, upon conviction, be punished with a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding one year or to both.

Public Authority Protection Act, 1948

the State Attorney-General or any State Legal

Officer or public officer authorized by him; or

an advocate appointed by the

Council in consultation with the State Attorney-General;

may appear and represent the Council in such proceedings before any court.

For the purpose of this section, “civil proceedings”

include—

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

has the same meaning as assigned to it in the Companies Act 2016

[Act 777].

Prosecution

Without prejudice to the generality of subsection (1) such regulations may provide for—