Malaysia legislation

Section 5

of SARAWAK TIMBER INDUSTRY DEVELOPMENT CORPORATION ORDINANCE, 1973 ( Ord. No. 3/73 )

Section 5

(a)

to regulate and control the manufacture of timber and timber products, and the sale, distribution or marketing thereof,

8

and to set or determine the manufacturing standards or quality, and trade practices of the timber industry in Sarawak;

(b)

to make recommendations to the Government as to the methods, measures and policies to be adopted, to facilitate the improvement of existing timber industries and the establishment of new industries, and, where approved by the Majlis Mesyuarat

Kerajaan Negeri, to implement and assist in the implementation of the same;

(c)

to encourage effective utilization of timber with emphasis on product diversification and quality control;

(d)

generally to promote, stimulate, and facilitate the development of timber industry in Sarawak, and in connection with the discharge of its functions to assist any person engaged in the production and marketing of timber;

(e)

to provide technical advisory services for the purpose of assisting in the development of existing timber industries and in the establishment of new industries;

(f)

to arrange and where possible provide training in various aspects of logging operations, activities connected with timber processing, sawmilling, sales and marketing of timber;

(g)

to promote the growth, development and establishment of planted forests; and

(h)

to facilitate or organize the distribution of merchantable timber in order to ensure adequate or constant supply of timber for processing or manufacture of timber products, by the timber industries in the State.

[Am. Ord. No. 9/76; Am. Cap. A28; Am. Cap. A58;

Am. Cap. A71.]

(2)

The Corporation shall have power to do all things expedient or reasonably necessary or incidental to the discharge of its functions and, in particular, but without prejudice to the generality of the foregoing—

(a)

to carry on all activities the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the discharge of its functions;

9

(b)

to devise, recommend or promote means and systems for facilitating and improving the manufacture, sale, distribution or marketing of timber and timber products;

(c)

to conduct surveys and investigation in respect of all matters associated with the timber industry and trade;

(d)

to require departments and governmental and non-governmental agencies or any person engaged in or associated with the timber industry and trade to submit statistics and other matters relating to the timber industry and trade;

(e)

to appoint managing agents or establish such other bodies as it may deem fit for the purposes of carrying out its functions;

(f)

to initiate and carry out, by itself or through its managing agents or local development board, projects or schemes for the development and improvement of the timber industry and trade in the State;

(g)

to initiate and carry out, by itself or through its managing agents or local development board, projects or schemes for the production, manufacture, sale, distribution or marketing of timber or timber products;

(h)

to engage, participate or assist in the development and managing of timber industries conducted by the Government of the State of Sarawak or Malaysia;

(i)

to prescribe schemes for the processing and marketing of timber by any public or private body or person, and to give assistance to any such body or person, including financial assistance by way of grant, loans or otherwise;

(j)

subject to the approval of the Minister, to acquire, subscribe to or accept offers of, shares, equity or interests in any company, or to incorporate or form companies which are either wholly owned by, or as subsidiary of the Corporation, or, in association or joint venture with other persons;

(k)

to carry on any of the activities listed in paragraphs (a),

(f)

, (g), (h) and (i) in association with any public or private body or person or as managing agents or otherwise on their behalf;

(l)

to make loans, subject to such terms and conditions including management by staff approved by the Corporation, as the Corporation may think fit, in accordance with the provisions of this Ordinance;

(m)

to receive, in consideration of the services rendered by it, such commission or payment as may be agreed upon;

(n)

to guarantee, within such limits as shall be fixed by the

Minister, any loans made by any bank or other financial source to an applicant approved by the Corporation for any purpose for which the Corporation might itself have granted such loan.

[Am. Ord. No 8/82; Am. Cap A58; Am. Cap. A71.]

(3)

The Corporation shall not promote, carry out, assist or participate in any such project, scheme or activity as is referred to in subsection (2), until such measures for consultation with the Minister and all interested parties as appear to the Minister to be appropriate have been taken.

(4)

Subject to section 8, it shall be the responsibility of the

Corporation in discharging its functions under this Ordinance to ensure that the functions shall be performed in such manner as shall be in furtherance of the policy of the Government for the time being in force and in particular the policy relating to the restructuring of society.

11

PART IIA

TIMBER INDUSTRY LICENCE AND TEMPORARY PERMIT

Issuance of Timber Industry Licence

Section 5 — SARAWAK TIMBER INDUSTRY DEVELOPMENT CORPORATION ORDINANCE, 1973 ( Ord. No. 3/73 )