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8/8/2019 Act 105 Malaysian Timber Industry Board Incorporation Act 1973
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Malaysian Timber Industry Board (Incorporation)
1
LAWS OF MALAYSIA
REPRINT
Act 105
MALAYSIAN TIMBER
INDUSTRY BOARD(INCORPORATION) ACT 1973
Incorporating all amendments up to 1 January 2006
PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD2006
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MALAYSIAN TIMBER INDUSTRY BOARD(INCORPORATION) ACT 1973
Date of Royal Assent 6 April 1973
Date of publication in the Gazette 12 April 1973
P REVIOUS R EPRINTS
First Reprint 1994Second Reprint 2000
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LAWS OF MALAYSIA
Act 105
MALAYSIAN TIMBER INDUSTRY BOARD(INCORPORATION) ACT 1973
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title, commencement and application
2. Interpretation
PART II
ESTABLISHMENT OF THE BOARD
3. Establishment of the Board
4. Composition of the Board
5. Representative members
5A. Tenure of office
6. Amendmend of Third Schedule
7. Alternate members
8. Temporary exercise of functions of Chairman
9. Appointment of officers and servants
9A. Board may provide for schemes of service
9B. Powers and duties of the Director General
10. Public servants
11. Offices
12. Functions and powers of the Board
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PART III
REGULATION OF THE TIMBER INDUSTRY
Section13. Prohibition and penalty
13 A. Exemption
14. Registration
14 A. Power to vary conditions or restrictions of registration
15. Register
16. Power to refuse registration
17. Power to suspend, cancel or to refuse to renew registration
18. Appeal
PART IV
FINANCE
19. Malaysian Timber Industry Board Fund
20. Levy on timber exported
20 A. Power to impose and collect fees and other forms of payments
21. Contribution by Sabah and Sarawak
22. Borrowing powers
23. Power to invest
24. Annual est imates
25. Audit and annual report
26. ( Deleted )
PART V
MISCELLANEOUS
27. Power to enter premises, carry out inspection and examination andprohibit sale or export of timber
27 A. Director General to carry out inspection at legal landing place
27 B. List of seizures
27 C. Return of timber seized
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27 D . Things liable to forfeiture
27 E . Court to order forfeiture27 F. Things forfeited to be the property of the Federation
27 G . No costs of proceedings shall be allowed
27 H . False or misleading information
27 I. Authority card to be produced
27 J. Obstruction of authorized officers
27 K . Examination of witnesses
28. Disposal of prohibited timber
29. Secrecy
29 A . Protection against legal proceedings
30. Abuse of power
30 A . Prosecution of offences
30 B . Power to compound
31. Jurisdiction32. Power to amend First Schedule
33. General penal ty
33 A . Offence committed by corporation
33 B . Offences committed by servant, agent, etc.
34. Rules and regulations
34 A . Discipline of officers and servants
34 B . Surcharge
34 C . Power to make disciplinary regulations
35. Power of Minister to issue directives
PART VI
REPEAL AND TRANSITIONAL PROVISIONS
36. Repeal and dissolution
37. Transfer of powers, rights, liabilities and duties
Section
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38. Transfer of property
39. Exist ing contracts
40. Continuance of criminal and civil proceedings
41. Transfer of Fund
42. Continuance of officers and servants
43. Saving of existing certificate holders
44. Prevention of anomalies
F IRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
Section
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LAWS OF MALAYSIA
Act 105
MALAYSIAN TIMBER INDUSTRY BOARD(INCORPORATION) ACT 1973
An Act to repeal the Malaysian Timber Export Industry Board(Incorporation) Act 1966 and dissolve the Malaysian Timber ExportIndustry Board to establish the Malaysian Timber Industry Boardand provide for matters connected therewith, and to make betterprovisions respecting the Malaysian timber industry.
[Peninsular Malaysia1 June 1973, P.U. (B) 220/1973;*Sabah and Sarawak (PARTS I and II only)
4 March 1991, P.U. (B) 141/1991;Sabah (PARTS III, IV, V and VI),
1 January 1992, P.U. (B) 645/1991 ]
BE IT ENACTED by the Seri Paduka Baginda Yang di-PertuanAgong with the advice and consent of the Dewan Negara andDewan Rakyat in Parliament assembled, and by the authority of the same, as follows:
PART I
PRELIMINARY
Short title, commencement and application
1. (1) This Act may be cited as the Malaysian Timber IndustryBoard (Incorporation) Act 1973 and shall apply throughout Malaysia.
* Except the following provisions of section 13:
(i) subsection (2);
(ii) subsection (3);
(iii) that portion of subsection (4) that applies to packers and manufacturers;
(iv) subsection (5);
(v) subsection (6),
and section 21.
However, the above provisions of section 13 came into force on 1 June 1975 videP.U. (B) 120/1975.
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(2) Subject to subsection (3), this Act shall come into operationon a date to be appointed by the Minister by notification in theGazette.
(3) The Minister may appoint different dates for the cominginto operation of this Act, or of different provisions of this Act,in Peninsular Malaysia, Sabah and Sarawak respectively.
Interpretation
2. In this Act, unless the context otherwise requires
appointed day means the day on which this Act, or, if differentdates are appointed for the coming into operation of differentprovisions of this Act, the day on which Part VI, comes intooperation;
Board means the Malaysian Timber Industry Board establishedunder section 3;
Chairman means the Chairman of the Board appointed undersection 4;
Director General means the Director General appointed undersection 9 and includes the Deputy Director General;
exporter means a person who exports timber;
Fund means the Malaysian Timber Industry Board Fundestablished under section 19;
grader means a person who holds a valid certificate of competency in the grading of sawn timber, issued by the gradingauthority;
grading authority means, until otherwise declared by the Ministerby notification in the Gazette , the Director General of Forestry,Peninsular Malaysia in relation to Peninsular Malaysia, theConservator of Forests, Sabah in relation to Sabah and personappointed by the Sarawak Timber Industry Development Corporation,in relation to Sarawak;
jetty means a yard from which timber may be directly removedfor immediate shipment without having to be kept at another yard;
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jetty operator means a person who operates a jetty;
legal landing place has the meaning assigned to it in theCustoms Act 1967 [ Act 235 ];
member means a member of the Board, and includes an alternatemember;
mill means any building or factory used wholly or partly forthe manufacture, processing, seasoning or preservation of timber;
Quality Control Inspector means a quality control inspectorappointed under section 9;
recognized association means an association, body ororganization listed in the Third Schedule;
registered grader means a grader registered under this Act;
supplier means a person who supplies timber;
timber means the products, or any of the products, listed inthe First Schedule;
timber processor means a person who carries on the businessof seasoning or preserving timber;
yard means any area or place used for checking, inspecting,seasoning, selling, storing, packaging, preserving or bundling timber,and includes any area, place or premises where timber, intendedto be used in the manufacture of any article or in the erection of
any building or structure, is seasoned, preserved or offered forsale.
PART II
ESTABLISHMENT OF THE BOARD
Establishment of the Board
3. (1) There shall be established a body corporate by the nameof Malaysian Timber Industry Board which shall have perpetualsuccession and a common seal and power to acquire and hold
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movable and immovable property and to dispose thereof or otherwisedeal therewith, and which may sue and be sued in its corporatename.
(2) The Second Schedule shall apply to the Board.
Composition of the Board
4. (1) The Board shall consist of the following members whoshall be appointed by the Minister:
(a) a Chairman;
(b) a representative of the Ministry responsible for the timberindustry;
(c) a representative of the Ministry of International Tradeand Industry;
(d) a representative of the Forestry Department PeninsularMalaysia;
(e) a representative of the Forest Research Institute of Malaysia;
(f) one representative of each of not more than five of suchStates as the Minister may determine;
(g) representatives of recognized associations to be appointedas provided in section 5; and
(h) not more than two persons who in the opinion of theMinister are able to contribute to the development of theMalaysian timber industry.
(2) The terms and conditions of the appointment of the Chairman,and his remuneration, shall be determined by the Minister.
Representative members
5. (1) Each recognized association is entitled to be representedon the Board by the number of persons shown against its name inthe Third Schedule, to be appointed by the Minister.
(2) ( Deleted by Act A776 ).
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Tenure of office
5A . Each member of the Board shall, unless he sooner resigns hismembership or his membership or his appointment is sooner revoked,hold office for a period not exceeding two years, but shall beeligible for reappointment.
Amendment of Third Schedule
6. (1) Subject to subsection (2), the Minister may from time totime, after consulting the Board, amend the Third Schedule.
(2) No association, body or organization shall be added to, orallowed to remain in, the Third Schedule unless its rules
(a) have been approved by the Minister;
(b) contain nothing prejudicial to the general interests of thetimber industry; and
(c) permit the admission as its member of every person whom
it is intended to represent and who applies for admissionand undertakes to comply with its rules.
(3) If a recognized association amends its rules so as to affectits membership, it shall lodge a copy of the amendment with theMinister within fourteen days of the making thereof.
Alternate members
7. (1) Subject to subsection (4) the Minister may, in respect of each member appointed under section 4(1) (b) to (g) , appoint twopersons to be alternate members to attend in place of that member,meetings of the Board that member is for any reason unable toattend.
(2) Only one alternate member may attend meetings of theBoard at any one time in place of the member whom he is alternateto.
(3) When attending meetings of the Board an alternate membershall for all purposes be deemed to be a member of the Board.
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(4) An alternate member shall, unless he sooner resigns hismembership or his appointment is sooner revoked, cease to be analternate member when the member whom he is alternate to ceases
to be a member of the Board.
Temporary exercise of functions of Chairman
8. (1) The Minister may appoint any member of the Board toexercise the functions of the Chairman during the period in whichthe Chairman is for any reason unable to exercise his functions orduring the period of any vacancy in the office of the Chairman,and such member shall, during the period in which he is exercisingthe functions of the Chairman under this subsection, be deemedto be the Chairman.
(2) Until an appointment is made under subsection (1) or indefault of such appointment or in the absence of the Chairmanfrom any meeting of the Board, the representative appointed underparagraph 4(1) (b) shall exercise the functions of and be deemedto be the Chairman.
(3) Should the representative appointed under paragraph 4(1) (b)be for any reason unable to act under subsection (2), the representativeappointed under paragraph 4(1) (d) shall exercise the functions of and be deemed to be the Chairman.
Appointment of officers and servants
9. (1) The Minister shall appoint a Director General of the Board
on such terms and conditions and for such specified period as hemay determine.
(2) The Board may, on such terms and conditions, appoint aDeputy Director General of the Board and such number of otherofficers and servants of the Board, including Quality ControlInspectors, as it considers necessary and expedient for the exerciseof its functions.
(3) The appointment of the Director General, the Deputy DirectorGeneral and the Quality Control Inspectors shall be published inthe Gazette .
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Board may provide for schemes of service
9A. The Board may from time to time with the approval of theMinister and the concurrence of the Minister of Finance, afterconsultation with the Director General of Public Services, makeregulations to provide for any scheme of service for its officersand servants, including the terms and conditions of service and thesalaries, any pension scheme, and any scheme relating to allowancesand other remunerations payable to its officers and servants.
Powers and duties of the Director General
9B. (1) The Director General shall be the chief executive officerof the Board and shall have all the powers and duties necessaryfor carrying out the administration and technical functions of theBoard.
(2) The powers and duties referred to in subsection (1) shall bein addition to any power or duty conferred or imposed on theDirector General by the Board or by this Act and any regulationmade thereunder.
(3) The Director General shall
(a) submit for the approval of the Board
(i) an annual programme of activities of the Board; and
(ii) the estimate of expenditure necessary to carry outthe activities of the Board;
(b) ensure that the approved programme is duly implementedand that the expenditure of carrying out the approvedprogramme as well as for the administration of the Boardis in accordance with the estimates approved by the Board;and
(c) keep the Board fully informed of the progress of theactivities, and prepare and submit to the Board as soonas possible after the end of each financial year a reportdealing with the administration of the Board accompaniedby a statement of income and expenditure for, togetherwith balance sheets as at the end of, the financial year.
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(4) Where the Director General is temporarily unable to exercisehis functions on grounds of sickness, absence or any other cause,the Deputy Director General shall exercise the powers and duties
of the Director General.(5) Where the Deputy Director General has not been appointed
the Chairman may appoint any officer of the Board to exercise thepowers and duties of the Director General for the purposes of subsection (4).
Public servants
10. All members, officers and servants of the Board shall bedeemed to be public servants within the meaning of the PenalCode [ Act 574 ].
Offices
11. The Board shall have a principal office in the Federation atsuch place as the Board may determine, and may establish suchother branch offices as the Board may deem desirable.
Functions and powers of the Board
12. (1) The functions of the Board are
(a) to regulate and control the trade in, and the marketingand distribution of, timber;
(b) to promote and improve the trade in, and markets for,timber;
(bb) to co-ordinate activities for effective marketing and shippingof timber;
(c) to encourage effective utilization of timber with emphasison product diversification and to promote improvementand economy in the methods of processing timber;
(d) to provide technical advisory services and training requiredto assist in the development of existing timber industriesand the establishment of new industries;
(e) to assist the timber industries in the marketing of timber;(f) to organize and assist in the consolidation of the small-
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scale timber industries and the closer integration of theactivities of the timber industries generally, so as to achieve
greater efficiency in, and secure a stronger base for, thetimber industry as a whole;
(g) to gather information on and maintain records of all relevantmatters relating to the timber industry; and
(h) generally to do everything within the scope of the objectivesof this Act for the betterment and proper conduct of thetimber industry.
(2) The Board shall have power to do all things reasonablynecessary for, or expedient or incidental to, the discharge of itsfunctions, and in particular, but without prejudice to the generalityof this subsection
(a) to enter into such negotiations and agreements orarrangements as the Board considers necessary for carryingout its functions and for the promotion of the generalinterests of the timber industry and trade;
(b) to undertake marketing of timber on behalf of the small-
scale timber industries;(c) to set up and maintain such establishments as the Board
considers necessary for the discharge of its functions;and
(d) to appoint committees.
(3) The Board may from time to time, with the approval of theMinister, establish, by order published in the Gazette , a corporation
by such name as may be specified in the order to carry out andhave the charge, conduct and management on behalf of the Boardof any project, scheme or enterprise that has been planned orundertaken by the Board in the discharge of its functions underthis Act, and may in like manner cancel, vary or amend any suchorder.
(4) Every order made under subsection (3) shall make provisionin respect of
(a) the constitution of the corporation;(b) the financing of the corporation;
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(c) the repayment of loans to the corporation; and
(d) the accounts to be kept by the corporation and the auditof the accounts.
(5) The Board may, in discharging such of its functions, inappropriate cases carry out commercial activities for gain or profitthrough companies which may, from time to time, be establishedunder the Companies Act 1965 [ Act 125 ] and such companies shallonly be established after approval by the Minister with the concurrenceof the Minister of Finance.
(6) The Minister may make such rules or regulations prescribing
any activity or interest or prescribing the terms or conditions of any activity or interest of any member, officer or servant of theBoard in relation to any corporation or company established undersubsections (3) and (5) respectively or to any other company,enterprise or undertaking and any omission or neglect to complywith and any act done or attempted to be done contrary to theprovisions of such rules or regulations is an offence against thisAct and the offender is liable on conviction to a fine not exceedingten thousand ringgit or to imprisonment for a term not exceeding
five years or to both.
PART III
REGULATION OF THE TIMBER INDUSTRY
Prohibition and penalty
13. (1) No person shall export timber or carry on business as anexporter unless he is registered under this Act as an exporter.
(2) No person shall carry on business as a jetty operator unlesshe is registered under this Act as a jetty operator.
(3) No person shall carry on the business of grading timberunless he is a registered grader.
(4) No person shall carry on business as a supplier or timberprocessor, for the purpose of export trade, unless he is registeredunder this Act.
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(5) & (6) ( Deleted by Act A776 ).
(7) Any person who contravenes any of the provisions of thissection is guilty of an offence and is liable on conviction to a finenot exceeding twenty thousand ringgit or to imprisonment for aterm not exceeding three years or to both.
Exemption
13 A . The Minister may, in the interest of the timber industry andby order published in the Gazette , exempt any person from the
requirement of registration under section 13.
Registration
14. (1) Any person who desires to export timber or carry onbusiness as an exporter or a jetty operator, any grader who desiresto carry on the business of grading timber or any person whodesires to carry on business as a supplier or timber processor may,in such manner as may be prescribed, apply to the Board forregistration.
(2) The Board may, on payment of such fee as may be prescribed,register an applicant under subsection (1) as an exporter, jettyoperator, registered grader, supplier or timber processor, as thecase may be, subject to such conditions and restrictions as theBoard may deem fit to impose.
(3) Every registration under this section shall be valid for a
period of one year, or for such longer period but not exceedingfive years as the Board may determine, from the date of registrationand shall be renewable, unless sooner cancelled under section 17,at the discretion of the Board for such further period of not lessthan one year but not exceeding five years as the Board deems fit.
(4) The Board shall issue to every person who has been registered,or whose registration has been renewed, under this section a certificateof registration in such form as may be prescribed.
(5) No person, except a grader, who is not an incorporatedperson shall be registered under this section unless there is in
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respect of his business a valid certificate of registration of businessissued under any written law in force in Malaysia relating to theregistration of businesses.
Power to vary conditions or restrictions of registration
14 A . (1) The Board shall have the power to vary any conditionor restriction imposed on any registration under subsection 14(2):
Provided that the Board shall not vary any condition or restrictionof the registration unless a reasonable notice and an opportunityof being heard on any objection as to the intended variation has
been given to a registered person likely to be affected by suchvariation.
(2) The Board may, upon hearing any objection under subsection(1), dismiss the objection if it considers it of no merit and shallproceed to vary the condition or restriction of registration as intended.
(3) If a registered person is dissatisfied with the decision of theBoard under subsection (2), he may appeal to the Minister within
thirty days of the date the decision was communicated to him andthe decision of the Minister shall be final and binding.
(4) No variation of any condition or restriction of registrationmade pursuant to this section shall be enforced until the appeal,if any, under subsection (3) has been determined in favour of theBoard.
Register
15. The Board shall keep or cause to be kept a register of exporters, jetty operators, registered graders, suppliers and timber processorsin such manner as it may determine.
Power to refuse registration
16. The Board may refuse to effect registration under section 14if it is of the opinion that the applicant will be unable to comply
with the conditions or restrictions that the Board may impose uponregistration, or with the requirements of this Act or the rules orregulations thereunder.
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Power to suspend, cancel or to refuse to renew registration
17. (1) The Board may, if it is satisfied that any condition orrestriction subject to which a registration was effected has notbeen complied with by the registered person or that the continuanceof the registration would contravene this Act or the rules or regulationsthereunder, suspend, cancel or refuse to renew the registration.
(2) If it appears to the Board that a registered person hascontravened any provision of this Act or of the rules or regulationsthereunder, the Board may call upon him, in such manner as maybe prescribed, to show cause why his registration should not be
suspended or cancelled.
(3) A person called upon to show cause under subsection (2)
(a) shall be supplied by the Board with the particulars, inwriting, of the alleged contravention; and
(b) may, if he so desires, be present at the hearing by theBoard or be represented thereat by another personauthorized by him in writing.
(4) If after the hearing the Board is of the opinion that theperson called upon to show cause has failed to show cause, theBoard may, notwithstanding any criminal action that may be broughtagainst him, suspend or cancel his registration:
Provided that any suspension of registration under this provisionshall not exceed a period of six months.
(5) A person whose registration has been cancelled or has, by
a refusal by the Board, not been renewed(a) shall not be registered again for such period, not exceeding
two years from the date of the cancellation or refusal torenew, as the Board shall determine at the time of thecancellation or refusal to renew; and
(b) shall, on being so required by the Board in writing, surrenderto the Board his certificate of registration within suchperiod as the Board may specify.
(5 A) (a) The Board shall not refuse to renew the registration of a registered person under subsection (1) without first giving suchperson an opportunity of being heard.
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(b) Where the Board refuses to renew the registration of aregistered person under subsection (1) it shall notify such personin writing to that effect stating the reasons for the refusal.
(6) Any person who wilfully fails to comply with the requirementof the Board under paragraph (5) (b) is guilty of an offence.
Appeal
18. (1) Any person who is aggrieved by the decision of the Board,to refuse to effect registration under section 14 or to suspend,cancel or to refuse to renew registration under section 17, may,within thirty days of the date the decision was communicated tohim, appeal to the Minister.
(2) The decision of the Minister on an appeal under subsection(1) shall be final and shall not be questioned in any court of law.
(3) The Minister may make rules governing the procedure to befollowed on appeals under this section and the fees payable therefor.
PART IV
FINANCE
Malaysian Timber Industry Board Fund
19. (1) The Board shall establish and administer a fund to beknown as Malaysian Timber Industry Board Fund.
(2) There shall be paid into the Fund(a) all moneys collected, paid, borrowed or transferred under
sections 18, 22 and 41;
(b) all moneys collected or paid under section 20 other thanthose collected, levied or raised within the States of Sabahand Sarawak;
(c) all moneys collected under the rules and regulations andspecified therein as being payable into the Fund;
(d) all moneys received by the Board by way of grants fromthe Federal Government or any State Government;
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(dd) all moneys received by the Board by way of grants,donations or contributions from recognized institutions
or international agencies;(e) all sums contributed by the States of Sabah and Sarawak
under section 21;
(ee) all moneys received as fees and charges for advice orservices rendered pursuant to section 20 A; and
(f) all moneys belonging or otherwise payable to the Board.
(3) The Fund may be applied for
(a) defraying such expenditure as the Board may incur incarrying out its functions;
(b) lending to employees of the Board for the purpose of purchasing or building dwelling houses or purchasingconveyances on such terms and conditions as may beprescribed;
(c) lending to or providing capital for corporations orcompanies established or to be established under subsection12(3) and (5) respectively;
(d) repaying moneys borrowed by the Board under section22; and
(e) subject to the approval of the Minister given afterconsultation with the Minister of Finance, makingcontributions to any local or international organization,for the purpose of promoting the trade, utilization andprocessing, and ensuring adequate supply, of timber tothe industry.
(4) The Minister may direct the Board to keep a separate accountin respect of moneys received by way of grants from the FederalGovernment or any State Government under paragraph (2) (d) .
Levy on timber exported
20. For the purposes of this Act the Minister may, after consultingthe Minister of Finance and the Board, make an order for the
imposition, collection, variation or cancellation of a cess on theexportation of all or any of the timber products listed in the FirstSchedule.
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Power to impose and collect fees and other forms of payments
20 A . The Board may, from time to time, fix and collect fees and
charges in respect of any technical advisory services or otherservices provided by the Board pursuant to this Act.
Contribution by Sabah and Sarawak
21. Each of the States of Sabah and Sarawak may from time totime contribute to the Fund such sum as may be agreed betweenthe Minister and the State.
Borrowing powers
22. The Board may, upon such terms and conditions as may beapproved by the Minister, with the concurrence of the Minister of Finance, borrow moneys for the purpose of carrying out its functions.
Power to invest
23. The Board may from time to time, with the approval of theMinister given with the concurrence of the Minister of Finance,invest the Fund or any part thereof, not being immediately requiredfor meeting the Boards obligations or discharging its functions
(a) in investments or securities authorized for the investmentof trust funds by any written law for the time being inforce; or
(b) in such other investments or securities as the Board maydeem fit.
Annual estimates
24. (1) The Director General shall, not later than one monthbefore the commencement of each financial year, lay before theBoard an estimate of the revenue and expenditure, including capitalexpenditure, of the Board for the ensuing financial year in suchdetail and form as the Board may determine.
(2) The Director General shall cause to be sent to every memberof the Board a copy of the estimate not later than fourteen daysprior to the date of the meeting at which the estimate is to be laid.
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Audit and annual report
25. The Statutory Bodies (Accounts and Annual Reports) Act1980 [ Act 240 ] shall apply in respect of the accounts, audit andannual reports of the Board.
26. ( Deleted by Act A776 ).
PART V
MISCELLANEOUS
Power to enter premises, carry out inspection and examinationand prohibit sale or export of timber
27. (1) The Director General or any officer of the Board, with theconsent of the Chairman, may, if he has reasonable cause to believethat an offence has been committed under this Act, enter anybusiness premises of, any mill or yard being used by, an exporterand carry out inspection and examination as he may consider
necessary, and seize and detain any book, document or other thingfound in the premises, mill or yard that may furnish evidence of the commission of an offence under this Act or the rules or regulationsthereunder.
(2) A person making an entry under subsection (1) may beaccompanied by any other person he deems necessary.
(3) Notwithstanding subsection (1), a Quality Control Inspectoracting thereunder on the written authority of the Director Generalmay only carry out such inspection and examination as he mayconsider necessary for the purpose of checking or verifying theactual and the desired quality of any timber of an exporter foundin any premises, mill or yard, and may, if he has reasonablegrounds to believe that an offence has been committed under thisAct relating to the quality of timber, seize and detain only thosebooks, documents or other things that may furnish evidence of thecommission of the offence relating to the quality of timber.
(4) If the Director General or any officer of the Board, havingobtained the consent of the Chairman, under subsection (1) hasreason to believe that an offence under this Act or the rules or
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regulations thereunder has been committed in respect of any timberfound in the course of the inspection and examination under thissection, he may prohibit the removal, sale or export of the timber
by(a) sealing, marking or packing the timber in such manner
as to clearly indicate that the timber is subject to prohibition;and
(b) posting in a conspicuous part of the premises a prohibitorynotice in such form as may be prescribed.
(5) Any person who removes, sells or exports timber incontravention of the prohibition imposed under subsection (4), or
in any manner tampers with the seal, mark, packing or prohibitorynotice placed, carried out or posted under that subsection is guiltyof an offence.
(6) If the Director General has reason to believe that an offenceunder this Act or the rules or regulations thereunder has beencommitted in respect of any timber found in the course of theinspection and examination under this section, he may wherenecessary cause the timber to be committed into the custody of theBoard.
(7) Where the Director General has obtained the consent of theChairman for the purposes of subsection (1) he may authorize anyofficer of the Board to exercise the powers conferred under subsection(1), (4) or (6).
Director General to carry out inspection at legal landing place
27 A. The Director General or any officer of the Board so authorizedin writing by the Director General may, if he has reason to believethat an offence under this Act or the rules or regulations madethereunder has been committed, carry out inspection and examinationat any legal landing place as he considers necessary and may seizeand detain any timber, book, document or other thing found thereat.
List of seizures
27 B. Where any timber, book, document or other thing is seizedunder section 27 or 27 A , the officer effecting the seizure shallprepare a list of the things seized and forthwith deliver a copysigned by him to the owner or the person from whom the thingswere seized.
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Return of timber seized
27 C . (1) Where timber is seized under this Act, the Director Generalor any officer of the Board so authorized in writing by him, mayin his discretion
(a) temporarily return the timber to the owner or to the personfrom whose possession, custody or control it was seized,subject to such terms and conditions as may be imposedby the Director General and in any case, subject to sufficientsecurity being furnished to the satisfaction of the Director
General that the timber shall be surrendered to the DirectorGeneral or any authorized officer of the Board on demandand that the said terms and conditions, if any, shall becomplied with; or
(b) return the timber to the owner or to the person fromwhose possession, custody or control it was seized withliberty for the person to whom the timber is so returnedto dispose of the same, such return being subject to
security being furnished to the satisfaction of the DirectorGeneral in an amount not less than an amount which, inthe opinion of the Director General, represents the openmarket value of such timber on the date on which it isso returned for the payment of the amount so secured tothe Director General in the event of the Court makingan order for forfeiture of such amount under section 27 E;or
(c) sell the timber if in the opinion of the Director Generalthat it is likely to deteriorate in quality or value and insuch case the Director General shall hold the proceedsof sale pending the result of any prosecution or claim andin relation to such proceeds of sale to abide by the outcomeof such prosecution or claim.
(2) No person shall be entitled to maintain any action on accountof any act done or any decision taken by or on behalf of the Boardunder this section, and no Court shall have any jurisdiction toentertain any such action.
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Things liable to forfeiture
27 D . All things liable to seizure under this Act, shall be liable
to forfeiture.
Court to order forfeiture
27 E . (1) If there is no prosecution with regard to any timberseized under this Act, such timber shall be taken and deemed tobe forfeited at the expiration of one calendar month from the dateof seizure unless a claim thereto is made before that date underand in accordance with this Act.
(2) Any person asserting that he is the owner of the timberseized or entitled to the proceeds of sale of the timber and that thetimber is not liable to forfeiture may personally or by his agentauthorized in writing give written notice to the Director Generalthat he claims the timber seized or the proceeds of the sale of thetimber.
(3) On receipt of a notice under subsection (2) the DirectorGeneral may direct that the timber seized or the proceeds of sale
thereof be released or may refer the matter to a Magistrate.
(4) The Magistrate shall issue a summons requiring the Boardand the person asserting that he is the owner of the timber seizedor the proceeds of sale thereof and the person from whom thetimber was seized to appear before him, and upon their appearanceor default to appear, due service of the summons being proved, theMagistrate shall proceed to the examination of the matter and onproof that an offence has been committed under this Act and thatthe timber seized was the subject matter of the offence shall orderthe timber seized or the proceeds of sale thereof to be forfeitedor, in the absence of such proof, shall order its release.
(5) In any proceedings under this Act the Board may be representedby the Director General or an officer or servant of the Boardauthorized in writing in that behalf by the Director General.
Things forfeited to be the property of the Federation
27 F . Any thing or proceeds of sale thereof forfeited or taken anddeemed to be forfeited under this Act shall be the property of theFederation or paid to the Federal Consolidated Fund, less any sum
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that may be certified by the Director General as having beenincurred by the Board in effecting section 27 or 27 A and in carrying
out the sale under this Act.
No costs of proceedings shall be allowed
27 G . No person shall, in any proceedings before any Court inrespect of the seizure of any timber or any other thing seized inexercise of any power conferred under this Act, be entitled to thecost of such proceedings or to any damages or other relief otherthan an order for the return of the timber or any other thing seizedor the payment of its value unless such seizure was made withoutreasonable or probable cause.
False or misleading information
27 H . Where any person who is required to give any informationunder this Act gives information which he has reason to believeis false or misleading or which he believes is not true in relationto any matter under this Act or the rules or regulations madethereunder, he shall be guilty of an offence.
Authority card to be produced
27 I . An officer exercising his powers under section 27 shall, if so required by a person in charge or in control of any businessplace or premises, mill or yard into which entry is to be made orinspection or tests are to be conducted, produce proof of his identity
and authorization in writing to such person.
Obstruction of authorized officers
27 J . Any person who in any way obstructs, hinders, prevents orinterferes with the Director General or any officer of the Board,in the exercise of his powers or carrying out his duties under thisAct or who fails to afford such assistance as is reasonably requiredby the Director General or any officer of the Board, commits an
offence and shall be liable on conviction to a fine not exceedingfive thousand ringgit or to imprisonment for a term not exceedingone year or to both.
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Examination of witnesses
27 K . (1) The Director General or any officer of the Board may,
in carrying out inspection and examination pursuant to the provisionsof this Act, examine orally any person whom he believes to beacquainted with the facts and circumstances of the case and shallreduce into writing any statement made by the person so examinedand such person shall be bound to answer all questions relatingto such case put to him by such officer:
Provided that such person may refuse to answer any questionthe answer to which would have tendency to expose him to a
criminal charge, penalty or forfeiture.
(2) A person making a statement under this section shall belegally bound to state the truth, whether or not such statement ismade wholly or partly in answer to any question.
Disposal of prohibited timber
28. (1) The Court before which a prosecution is held for an offencecommitted in respect of timber which has subsequently been subjectedto a prohibitory notice under section 27 may, if it is satisfied thatan offence has been committed in respect of the timber andnotwithstanding that no person may have been convicted thereof,make such order, being either of forfeiture or destruction, as to theCourt seems just.
(2) Any timber that has been forfeited under subsection (1)
shall be sold by the Board and the proceeds of sale thereof shallbe paid to Federal revenue, less any sum that may be certified bythe Director General as having been incurred by the Board ineffecting the prohibition under section 27 and in carrying out thesale under this section.
(3) If the Court does not make an order under subsection (1)or if no prosecution has been initiated in respect of any timber thathas been subjected to prohibition under section 27 within two
months of the imposition of the prohibition, the prohibition shallbe deemed to have been lifted.
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Secrecy
29. (1) Secrecy shall be maintained by every person carrying outan inspection or examination under section 27 of all matters thatcome to his knowledge in the course or as a result of the inspectionor examination, and of the contents of all books and documentsthat he may seize and detain under that section.
(2) Any such person who contravenes the requirement of subsection (1) or who communicates any matter required to bekept secret thereunder to any person except for the purpose of
carrying into effect the provisions of this Act is guilty of anoffence and is liable on conviction to a fine not exceeding onethousand ringgit.
Protection against legal proceedings
29 A . The Board or any of its members, officers or servants shallnot be liable for any loss or damage caused to any person byreason of any act or omission or statement made in pursuance of
the execution or intended execution of their functions under thisAct, unless the act or omission or statement was done or mademala fide or through recklessness or negligence of such members,officers or servants.
Abuse of power
30. Whoever, in purported exercise of the powers undersection 27, vexatiously and unnecessarily seizes or detains anybooks, documents or other things, or in like manner prohibits thesale or export of any timber is guilty of an offence and is liableon conviction to imprisonment for a term not exceeding six monthsor to a fine not exceeding one thousand ringgit or to both.
Prosecution of offences
30 A . Prosecution in respect of offences under this Act or any
regulation made thereunder may be conducted by the DirectorGeneral or any officer of the Board so authorized in writing in thatbehalf by the Director General.
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Power to compound
30 B. (1) Any offence against this Act or against any regulation
made thereunder which is prescribed to be a compoundable offencemay be compounded by the Director General or by any officer of the Board specially authorized in writing in that behalf by acceptingfrom the person reasonably suspected of having committed theoffence a sum of money not exceeding two thousand ringgit.
(2) Upon receipt of the payment under subsection (1) no furtherproceedings shall be taken against such person and any timberwhich is subject to a prohibitory notice under section 27 shall bereleased subject to any term and condition as to the proper rectificationof the contravention, unless the timber consists of products theexport of which is prohibited by any written law, in which casesuch timber shall be forfeited.
Jurisdiction
31. Notwithstanding anything to the contrary contained in anyother written law, a Sessions Court shall have jurisdiction to tryany offence under this Act or any rules or regulations made thereunder
and to impose the full penalty provided for by this Act or any rulesor regulations made thereunder.
Power to amend First Schedule
32. The Minister may from time to time, after consulting theBoard, amend the First Schedule.
General penalty
33. Any person who is guilty of any offence under this Act orthe rules or regulations thereunder for which no penalty is speciallyprescribed is liable on conviction to a fine not exceeding fivethousand ringgit or to imprisonment for a term not exceeding oneyear or to both.
Offence committed by corporation
33 A . Where any offence against any provision of this Act or anyregulation made thereunder has been committed by a body of persons, incorporated or otherwise, any person who at the time of
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the commission of the offence was a director, secretary, controlleror any other similar officer having charge of such body of persons
or was purporting to act in such capacity shall be guilty of thatoffence unless he proves that the offence was committed withouthis consent or connivance and that he has exercised all such diligenceto prevent the commission of the offence as he ought to haveexercised having regard to the nature of his functions in thatcapacity and to all the circumstances.
Offences committed by servant, agent, etc .
33 B. Where any person (who in this section is referred to as theprincipal) would be liable under this Act to any punishment orpenalty for any offence, act, omission, neglect or default, he shallbe liable to the same punishment or penalty for every such offence,act, omission, neglect or default of any of his clerk, servant oragent or of the clerk or servant of such agent:
Provided that such offence, act, omission, neglect or default wascommitted by the principals clerk or servant in the course of theemployment, or by the agent when acting on behalf of the principal,
or by the clerk or servant of such agent in the course of hisemployment by such agent or otherwise on behalf of the agent.
Rules and regulations
34. (1) The Minister may, after consulting the Board, make suchrules and regulations, except those that the Board is empoweredto make under subsection (2), as appear to him to be necessary forcarrying out the provisions of this Act and, without prejudice to
the generality of this subsection, such rules and regulations may(a) prescribe the form of contract to be adopted by persons
selling or buying timber locally and the terms and conditionsto be included in such contracts;
(b) prescribe the procedure to be followed in showing causeunder section 17;
(c) prescribe the form of the prohibitory notice under section27; and
(d) specify the offences that are compoundable and prescribethe compounding and the methods thereof.
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(2) The Board may from time to time, with the approval of theMinister, by rules or regulations
(a) prescribe the manner of applying for registration underthis Act, the particulars to be supplied by an applicant,the manner of registration, the fees payable therefor, theconditions or restrictions to be imposed and the form of certificates to be issued upon registration;
(b) prescribe the standards of processing and methods of seasoning, preserving, grading, bundling or packagingtimber, and the fees payable for grading;
(c) prescribe the minimum standards of hygiene to be
maintained in mills, yards and jetties;(d) prescribe the methods of fixing timber prices;
(e) prescribe the procedure to be followed by exporters inexporting timber;
(f) Provide for the maintenance of proper standards of conductin the carrying out of the timber trade and for dealingwith infringements thereof;
(ff) prescribe the procedure to be followed for the administrationof the Fund;
(g) provide for the calling and conduct of meetings of theBoard and its committees;
(h) ( Deleted by Act A776 );
(i) prescribe the terms and conditions of loans made toemployees of the Board under section 19; and
(j) provide for all procedural and other matters, in so far asthey do not fall within any of the preceding paragraphs,which by this Act are required or permitted to be prescribedor which are necessary to be prescribed for the carryingout of or giving effect to the provisions of this Act.
Discipline of officers and servants
34 A . (1) There shall be a Disciplinary Committee of the Boardwhich shall consist of two members to be elected by and from themembers of the Board, one of whom shall be elected chairman,and the Director General appointed under subsection 9(1).
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(2) The disciplinary authority in respect of every officer andservant of the Board other than the Director General shall be the
Disciplinary Committee of the Board established under subsection(1).
(3) The Disciplinary Committee in respect of the Director Generalshall consist of the Secretary General of the Ministry responsiblefor the timber industry as chairman and two members to be electedby and from the members of the Board.
(4) The Director General shall not be a member of the DisciplinaryCommittee in any proceedings before it in which he is thecomplainant; his place shall be taken by a member to be electedby and from the members of the Board.
(5) In the exercise of its disciplinary functions, the DisciplinaryCommittee shall have the power to impose such disciplinarypunishment as may be provided for under any regulation that maybe made under section 34c.
(6) The Disciplinary Committee may, subject to subsection (7),
delegate any of its disciplinary functions, powers or duties to anycommittee of officers or servants of the Board, in respect of anyparticular officer or servant of the Board or in respect of any classor category of officers or servants of the Board, and the committeedelegated with such functions, powers or duties shall carry out,exercise or discharge them under the direction and control of theDisciplinary Committee which shall have the power to review,rescind or vary any decision or finding of such committee.
(7) No delegation shall be made under subsection (6) so as toenable an officer or servant of the Board to be a member of acommittee which may exercise any disciplinary authority over anofficer or servant who is superior to him in rank.
(8) Any officer or servant of the Board who is dissatisfied withthe decision of the Disciplinary Committee or of any committeedelegated with functions, powers or duties under subsection (6)may, within fourteen days, appeal in writing against such decisionto the Board which may thereupon affirm, reverse or give such
directions on the matter as it deems fit and proper.(9) The decision of the Board upon such appeal shall be final.
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Surcharge
34 B . (1) If it appears to the Board that any person who is or was
in the employment of the Board(a) has failed to collect any moneys owing to the Board for
the collection of which he is responsible;
(b) is or was responsible for any payment from the Fund of moneys which ought not to have been made or for anypayment of moneys which is not duly vouched;
(c) is or was responsible, directly or indirectly, for anydeficiency in, or for the destruction of, any moneys,
stamps, securities, stores or other property of the Board;(d) being or having been an accounting officer, fails or has
failed to keep proper accounts or records;
(e) has failed to make any payment, or is or was responsiblefor any delay in the payment, of moneys from the Fundto any person to whom such payment is due under anycontract, agreement or arrangement entered into betweenthat person and the Board,
the Board shall serve on him a written notice calling on him toshow cause why he should not be surcharged, and if a satisfactoryexplanation is not, within fourteen days from the date of serviceof the notice as aforesaid, furnished to the Board with regard tothe failure to collect, payment which ought not to have been made,payment not duly vouched, deficiency or destruction, or failure tokeep proper accounts or records, or failure to make payment, ordelay in making payment, the Board may surcharge against thesaid person a sum not exceeding the amount of any such amountnot collected, such payment, deficiency, or loss or the value of theproperty destroyed, as the case may be; and with regard to thefailure to keep proper accounts or records, or the failure to makepayments, or the delay in making payment, the Board may surchargeagainst the said person such sum as the Board may think fit.
(2) The Chairman shall cause the Director General to be notifiedof any surcharge made under subsection (1) and the Director Generalshall thereupon notify in writing the person surcharged.
(3) The Board may at any time withdraw any surcharge inrespect of which a satisfactory explanation has been received orif it otherwise appears that no surcharge should have been made,
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and the Chairman shall at once cause the Director General to benotified of such withdrawal.
(4) The amount of any surcharge made under subsection (1) andnot withdrawn under subsection (3) shall be a debt due to theBoard from the person against whom the surcharge is made andmay be sued for and recovered in any court at the suit of the Boardand may also be recovered by deduction
(a) from the salary of the person surcharged if the Board sodirects; or
(b) from the pension of the person surcharged if the Boardso directs,
by equal monthly instalments not exceeding one fourth of the totalmonthly salary or pension, as the case may be, of the person.
Power to make disciplinary regulations
34 C . (1) The Board may, with the approval of the Minister, make
such disciplinary regulations as it deems necessary or expedientto provide for the discipline of the officers and servants of theBoard.
(2) The disciplinary regulations made by the Board under thissection may include provisions for the interdiction with reductionin salary or in other remuneration, or provisions for the suspensionwithout salary or other remuneration, of an officer or servant of the Board during the pendency of the disciplinary proceedings.
(3) The disciplinary regulations made under this section shallcreate such disciplinary offences and provide for such disciplinarypunishments as the Board may deem appropriate, and the punishmentso provided may extend to dismissal or reduction in rank.
(4) The disciplinary regulations made under this section shall,in prescribing the procedure for disciplinary proceedings, providefor an opportunity for representation to be made by the person
against whom disciplinary proceedings are taken before a decisionis arrived at by the disciplinary authority on the disciplinary chargelaid against such person.
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Power of Minister to issue directives
35. (1) The Board shall be responsible to the Minister and the
Minister may, from time to time, issue directives on any aspectof the functions of the Board and any such directive shall bebinding on the Board.
(2) The Board shall furnish the Minister with such returns,accounts and other information with respect to its property andactivities as the Minister may from time to time require.
PART VI
REPEAL AND TRANSITIONAL PROVISIONS
Repeal and dissolution
36. The Malaysian Timber Export Industry Board (Incorporation)Act 1966 [ Act 12 of 1966 ] is hereby repealed and the MalaysianTimber Export Industry Board established thereunder (in this Part
referred to as the former Board) is hereby dissolved.
Transfer of powers, rights, liabilities and duties
37. All powers, rights, privileges, duties, or obligations thatimmediately before the appointed day were those of the formerBoard shall devolve as from that day on the Board.
Transfer of property
38. (1) All lands that immediately before the appointed day werevested in, or reserved under any written law relating to land forthe purposes of, the former Board shall on that day vest in or bedeemed to be reserved for the purposes of the Board, as the casemay be.
(2) All property and assets other than land that immediatelybefore the appointed day were vested in the former Board or in
any person on behalf of the former Board shall on that day vestin the Board.
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Existing contracts
39. All deeds, bonds, agreements, instruments and workingarrangements subsisting immediately before the appointed day andaffecting any of the property transferred under section 38 shall bein full force and effect against or in favour of the Board andenforceable as fully and effectually as if, instead of the formerBoard or any person acting on behalf of the former Board, theBoard had been named therein or been a party thereto.
Continuance of criminal and civil proceedings
40. (1) Neither the repeal under section 36 nor anything containedin this Act shall affect any persons liability to be prosecuted orpunished for offences committed under the repealed Act before theappointed day, or any proceedings brought before that day inrespect of such offences.
(2) Any proceedings, whether civil or criminal, or cause of action pending or existing immediately before the appointed dayby or against the former Board or any person acting on behalf of the former Board may be continued or instituted by or against theBoard as it might have been by or against the former Board or suchperson if this Act had not been passed.
(3) Any appeal brought or any leave to appeal applied for onor after the appointed day against a decision given before that dayin any legal proceedings to which the former Board was a partymay be brought by or against the Board.
Transfer of Fund
41. All moneys standing in, or due to be paid to, the Fund of theformer Board shall on the appointed day be transferred to the Fundestablished under section 19 of this Act.
Continuance of officers and servants
42. Every person who, immediately before the appointed day,was employed as an officer or servant of the former Board shall
on that day be employed as an officer or servant, as the case maybe, of the Board upon the same terms and conditions of serviceas those obtaining immediately before the appointed day.
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Saving of existing certificate holders
43. (1) Notwithstanding the repeal under section 36 or any provision
of this Act to the contrary(a) every person who, immediately before the appointed day,
held a valid ordinary or temporary export registrationcertificate issued to him under the repealed Act shall bedeemed to be registered under this Act as an exporteruntil the expiry date of the certificate and subject to theterms and conditions attached thereto; and
(b) every person who, immediately before the appointed day,held a valid certificate of registration as a timber supplierissued to him under the repealed Act shall be deemed tobe registered under this Act as a supplier until the expirydate of the certificate and subject to the terms and conditionsattached thereto.
(2) Every certificate by virtue of which a person is deemed,under subsection (1), to be registered under this Act shall bedeemed to have been issued under this Act; and the Board mayalter the terms and conditions attached to the certificate for the
purpose of bringing them into conformity with the policy of theBoard on the imposition of conditions and restrictions on registrationsunder this Act.
(3) Sections 17 and 18 relating to the cancellation of registrationshall apply to all persons deemed, under subsection (1), to beregistered under this Act.
(4) If a person deemed, under subsection (1), to be registeredunder this Act desires to be registered under this Act as an exporteror a supplier, as the case may be, after the expiration of the periodfor which he is deemed to be registered under this Act, he mayapply to the Board for registration under section 14, and his applicationshall be made and treated as a fresh application and not as anapplication for renewal of registration.
Prevention of anomalies
44. (1) If any difficulty arises in connexion with the transitional
provisions contained in this Part, the Minister may by order, subjectto subsection (2), make such modifications therein as may appearto him necessary for preventing anomalies.
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Round logs (including roundwood and poles) and roughlysquared or half squared logs
(2) The Minister shall not exercise the powers conferred bysubsection (1) after the expiration of two years from the appointed
day.
F IRST SCHEDULE[Section 2]
DEFINITION OF TIMBER
Timber Products Harmonized Commodity Description and Coding System
Wood waste, including sawdust 4401.30 000
Fuel wood 4401.10 000
Woodchip 4401.214401.22 000
Wood charcoal 4402.00 000
4403.10 1014403.10 1024403.10 1034403.10 1044403.10 1054403.10 1064403.10 1074403.10 1084403.10 1094403.10 1104403.10 1114403.10 1124403.10 1134403.10 1144403.10 1154403.10 1164403.10 1174403.10 1184403.10 1194403.10 1204403.10 1214403.10 122
4403.10 1234403.10 1244403.10 125
4403.10 1264403.10 1274403.10 1284403.10 1294403.10 1304403.10 1314403.10 1324403.10 1334403.10 1344403.10 1354403.10 1364403.10 1374403.10 1384403.10 1394403.10 1404403.10 1414403.10 1424403.10 1434403.10 1444403.10 1454403.10 1464403.10 147
4403.10 1484403.10 1494403.10 150
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Timber Products Harmonized Commodity Description and Coding System
4403.10 151
4403.10 1524403.10 1534403.10 1544403.10 1554403.10 1564403.10 1574403.10 1584403.10 1594403.10 160
4403.10 1614403.10 1624403.10 1634403.10 1644403.10 1654403.10 1664403.10 1674403.10 1684403.10 1694403.10 1704403.10 1714403.10 1724403.10 1734403.10 1744403.10 1754403.10 1764403.10 1774403.10 1784403.10 1794403.10 1804403.10 1814403.10 1824403.10 1834403.10 1844403.10 1854403.10 1864403.10 1874403.10 1884403.10 189
4403.10 190
4403.10 1914403.10 1924403.10 1934403.10 1944403.10 1954403.10 1964403.10 1974403.10 1984403.10 199
4403.10 201
4403.10 2024403.10 2034403.10 2044403.10 2054403.10 2064403.10 2074403.10 2084403.10 2094403.10 2104403.10 2114403.10 2124403.10 2134403.10 2144403.10 2154403.10 2164403.10 2174403.10 2184403.10 2194403.10 2204403.10 2214403.10 2224403.10 2234403.10 224
4403.10 2254403.10 2264403.10 2274403.10 2284403.10 2294403.10 2304403.10 2314403.10 2324403.10 2334403.10 2344403.10 235
4403.10 2364403.10 2374403.10 238
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Timber Products Harmonized Commodity Description and Coding System
4403.10 2394403.10 2404403.10 2414403.10 2424403.10 2434403.10 2444403.10 2454403.10 2464403.10 2474403.10 2484403.10 249
4403.10 2504403.10 2514403.10 2524403.10 2534403.10 2544403.10 2554403.10 2564403.10 2574403.10 2584403.10 2594403.10 2604403.10 2614403.10 2624403.10 2634403.10 2644403.10 2654403.10 2664403.10 2674403.10 2684403.10 2694403.10 2704403.10 2714403.10 2724403.10 2734403.10 2744403.10 2754403.10 2764403.10 2774403.10 2784403.10 2794403.10 2804403.10 2814403.10 2824403.10 283
4403.10 2844403.10 2854403.10 286
4403.10 2874403.10 2884403.10 2894403.10 2904403.10 2914403.10 2924403.10 2934403.10 2944403.10 2954403.10 2964403.10 297
4403.10 2984403.10 2994403.104403.10 3014403.10 3024403.10 3034403.10 3044403.10 3054403.10 3064403.10 3074403.10 308
4403.10 3094403.10 3104403.10 3114403.10 3124403.10 3134403.10 3144403.10 3154403.10 3164403.10 3174403.10 3184403.10 3194403.10 3204403.10 3214403.10 3224403.10 3234403.10 3244403.10 3254403.10 3264403.10 3274403.10 3284403.10 3294403.10 3304403.10 331
4403.10 3324403.10 3334403.10 334
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42 Laws of Malaysia ACT 105
Timber Products Harmonized Commodity Description and Coding System
4403.10 335
4403.10 3364403.10 3374403.10 3384403.10 3394403.10 3404403.10 3414403.10 3424403.10 3434403.10 3444403.10 3454403.10 3464403.10 3474403.10 3484403.10 3494403.10 3504403.10 3514403.10 3524403.10 3534403.10 3544403.10 3554403.10 3564403.10 3574403.10 358
4403.10 3594403.10 3604403.10 3614403.10 3624403.10 3634403.10 3644403.10 3654403.10 3664403.10 3674403.10 3684403.10 369
4403.10 3704403.10 3714403.10 3724403.10 3734403.10 3744403.10 3754403.10 3764403.10 3774403.10 3784403.10 3794403.10 3804403.10 3814403.10 3824403.10 3834403.10 384
4403.10 385
4403.10 3864403.10 3874403.10 3884403.10 3894403.10 3904403.10 3914403.10 3924403.10 3934403.10 3944403.10 3954403.10 3964403.10 3974403.10 3984403.10 399
4403.10 4014403.10 4024403.10 4034403.10 4044403.10 4054403.10 4064403.10 4074403.10 408
4403.10 4094403.10 4104403.10 4114403.10 4124403.10 4134403.10 4144403.10 4154403.10 4164403.10 4174403.10 4184403.10 419
4403.10 4204403.10 4214403.10 4224403.10 4234403.10 4244403.10 4254403.10 4264403.10 4274403.10 4284403.10 4294403.10 4304403.10 4314403.10 4324403.10 4334403.10 434
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Malaysian Timber Industry Board (Incorporation)
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Timber Products Harmonized Commodity Description and Coding System
4403.10 4354403.10 4364403.10 4374403.10 4384403.10 4394403.10 4404403.10 4414403.10 4424403.10 4434403.10 4444403.10 445
4403.10 4464403.10 4474403.10 4484403.10 4494403.10 4504403.10 4514403.10 4524403.10 4534403.10 4544403.10 4554403.10 456
4403.10 4574403.10 4584403.10 4594403.10 4604403.10 4614403.10 4624403.10 4634403.10 4644403.10 4654403.10 4664403.10 4674403.10 4684403.10 4694403.10 4704403.10 4714403.10 4724403.10 4734403.10 4744403.10 4754403.10 4764403.10 4774403.10 4784403.10 479
4403.10 4804403.10 4814403.10 482
4403.10 4834403.10 4844403.10 4854403.10 4864403.10 4874403.10 4884403.10 4894403.10 4904403.10 4914403.10 4924403.10 493
4403.10 4944403.10 4954403.10 4964403.10 4974403.10 4984403.10 4994403.10 9014403.10 9024403.10 9034403.10 9044403.10 905
4403.10 9064403.10 9074403.10 9084403.10 9094403.10 9104403.10 9114403.10 9124403.10 9134403.10 9144403.10 9154403.10 9164403.10 9174403.10 9184403.10 9194403.10 9204403.10 9214403.10 9224403.10 9234403.10 9244403.10 9254403.10 9264403.10 9274403.10 928
4403.10 9294403.10 9304403.10 931
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Timber Products Harmonized Commodity Description and Coding System
4403.10 9324403.10 9334403.10 9344403.10 9354403.10 9364403.10 9374403.10 9384403.10 9394403.10 9404403.10 9414403.10 9424403.10 943
4403.10 9444403.10 9454403.10 9464403.10 9474403.10 9484403.10 9494403.10 9504403.10 9514403.10 9524403.10 9534403.10 954
4403.10 9554403.10 9564403.10 9574403.10 9584403.10 9594403.10 9604403.10 9614403.10 9624403.10 9634403.10 9644403.10 9654403.10 9664403.10 9674403.10 9684403.10 9694403.10 9704403.10 9714403.10 9724403.10 9734403.10 9744403.10 9754403.10 9764403.10 977
4403.10 9784403.10 9794403.10 980
4403.10 9814403.10 9824403.10 9834403.10 9844403.10 9854403.10 9864403.10 9874403.10 9884403.10 9894403.10 9904403.10 9914403.10 992
4403.10 9934403.10 9944403.10 9954403.10 9964403.10 9974403.10 9984403.10 999
4403.20 1104403.20 1204403.20 130
4403.20 1404403.20 1504403.20 190
4403.20 2104403.20 2204403.20 2304403.20 2404403.20 2504403.20 290
4403.20 3104403.20 3204403.20 3304403.20 3404403.20 3504403.20 390
4403.20 9104403.20 9204403.20 9304403.20 9404403.20 950
4403.20 990
4403.31 110
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Timber Products Harmonized Commodity Description and Coding System
4403.31 1204403.31 1304403.31 1404403.31 1504403.31 190
4403.31 2104403.31 2204403.31 2304403.31 2404403.31 250
4403.31 290
4403.31 3104403.31 3204403.31 3304403.31 3404403.31 3504403.31 390
4403.32 1104403.32 1204403.32 1304403.32 1404403.32 1504403.32 190
4403.32 2104403.32 2204403.32 2304403.32 2404403.32 2504403.32 290
4403.32 3104403.32 3204403.32 3304403.32 3404403.32 3504403.32 390
4403.32 4104403.32 4204403.32 4304403.32 440
4403.32 4504403.32 490
4403.32 5114403.32 5124403.32 5134403.32 5144403.32 5154403.32 519
4403.32 5214403.32 5224403.32 5234403.32 524
4403.32 5254403.32 529
4403.33 1104403.33 1204403.33 1304403.33 1404403.33 1504403.33 190
4403.33 2104403.33 2204403.33 2314403.33 2324403.33 2404403.33 2504403.33 290
4403.33 3104403.33 3204403.33 3304403.33 3404403.33 3504403.33 390
4403.33 4104403.33 4204403.33 4304403.33 4404403.33 4504403.33 490
4403.33 5104403.33 5204403.33 530
4403.33 5404403.33 5504403.33 590
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4403.33 610
4403.33 6204403.33 6304403.33 6404403.33 6504403.33 690
4403.33 7104403.33 7204403.33 7304403.33 7404403.33 7504403.33 790
4403.33 8104403.33 8204403.33 8304403.33 8404403.33 8504403.33 890
4403.34 1004403.34 2004403.34 300
4403.34 4004403.34 5004403.34 900
4403.35 1004403.35 2004403.35 3004403.35 4004403.35 5004403.35 900
4403.91 1004403.91 2004403.91 3004403.91 4004403.91 5004403.91 900
4403.92 1004403.92 2004403.92 3004403.92 4004403.92 5004403.92 900
Timber Products Harmonized Commodity Description and Coding System
4403.99 101
4403.99 1024403.99 1034403.99 1044403.99 1054403.99 1064403.99 1074403.99 1084403.99 1094403.99 1104403.99 1114403.99 1124403.99 1134403.99 1144403.99 1154403.99 1164403.99 1174403.99 1184403.99 1194403.99 1204403.99 1214403.99 1224403.99 1234403.99 124
4403.99 1254403.99 1264403.99 1274403.99 1284403.99 1294403.99 1304403.99 1314403.99 1324403.99 1334403.99 1344403.99 1354403.99 136
4403.99 1374403.99 1384403.99 1394403.99 1404403.99 1414403.99 1424403.99 1434403.99 1444403.99 1454403.99 1464403.99 1474403.99 1484403.99 1494403.99 1504403.99 151
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4403.99 1524403.99 1534403.99 1544403.99 1554403.99 1564403.99 1574403.99 1584403.99 1594403.99 1604403.99 1614403.99 162
4403.99 1634403.99 1644403.99 1654403.99 1664403.99 1674403.99 1684403.99 1694403.99 1704403.99 1714403.99 1724403.99 1734403.99 1744403.99 1754403.99 1764403.99 1774403.99 1784403.99 1794403.99 1804403.99 1814403.99 1824403.99 1834403.99 1844403.99 185
4403.99 1864403.99 1874403.99 1884403.99 1894403.99 1904403.99 1914403.99 1924403.99 1934403.99 1944403.99 1954403.99 196
4403.99 1974403.99 1984403.99 199
Timber Products Harmonized Commodity Description and Coding System
4403.99 2014403.99 2024403.99 2034403.99 2044403.99 2054403.99 2064403.99 2074403.99 2084403.99 2094403.99 210
4403.99 2114403.99 2124403.99 2134403.99 2144403.99 2154403.99 2164403.99 2174403.99 2184403.99 2194403.99 2204403.99 2214403.99 2224403.99 2234403.99 2244403.99 2254403.99 2264403.99 2274403.99 2284403.99 2294403.99 2304403.99 2314403.99 2324403.99 233
4403.99 2344403.99 2354403.99 2364403.99 2374403.99 2384403.99 2394403.99 2404403.99 2414403.99 2424403.99 2434403.99 244
4403.99 2454403.99 2464403.99 247
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4403.99 2484403.99 2494403.99 2504403.99 2514403.99 2524403.99 2534403.99 2544403.99 2554403.99 2564403.99 2574403.99 258
4403.99 2594403.99 2604403.99 2614403.99 2624403.99 2634403.99 2644403.99 2654403.99 2664403.99 2674403.99 2684403.99 2694403.99 2704403.99 2714403.99 2724403.99 2734403.99 2744403.99 2754403.99 2764403.99 2774403.99 2784403.99 279
4403.99 2804403.99 2814403.99 2824403.99 2834403.99 2844403.99 2854403.99 2864403.99 2874403.99 2884403.99 2894403.99 290
4403.99 2914403.99 2924403.99 293
Timber Products Harmonized Commodity Description and Coding System
4403.99 2944403.99 2954403.99 2964403.99 2974403.99 2984403.99 299
4403.99 3014403.99 3024403.99 3034403.99 304
4403.99 3054403.99 3064403.99 3074403.99 3084403.99 3094403.99 3104403.99 3114403.99 3124403.99 3134403.99 3144403.99 3154403.99 3164403.99 3174403.99 3184403.99 3194403.99 3204403.99 3214403.99 3224403.99 3234403.99 3244403.99 325
4403.99 3264403.99 3274403.99 3284403.99 3294403.99 3304403.99 3314403.99 3324403.99 3334403.99 3344403.99 3354403.99 336
4403.99 3374403.99 3384403.99 339
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4403.99 3404403.99 3414403.99 3424403.99 3434403.99 3444403.99 3454403.99 3464403.99 3474403.99 3484403.99 349
4403.99 3504403.99 3514403.99 3524403.99 3534403.99 3544403.99 3554403.99 3564403.99 3574403.99 3584403.99 3594403.99 360
4403.99 3614403.99 3624403.99 3634403.99 3644403.99 3654403.99 3664403.99 3674403.99 3684403.99 3694403.99 3704403.99 3714403.99 3724403.99 3734403.99 3744403.99 3754403.99 3764403.99 3774403.99 3784403.99 3794403.99 3804403.99 381
4403.99 3824403.99 3834403.99 384
Timber Products Harmonized Commodity Description and Coding System
4403.99 3854403.99 3864403.99 3874403.99 3884403.99 3894403.99 3904403.99 3914403.99 3924403.99 3934403.99 394
4403.99 3954403.99 3964403.99 3974403.99 3984403.99 399
4403.99 4014403.99 4024403.99 4034403.99 4044403.99 405
4403.99 4064403.99 4074403.99 4084403.99 4094403.99 4104403.99 4114403.99 4124403.99 4134403.99 4144403.99 4154403.99 4164403.99 4174403.99 4184403.99 4194403.99 4204403.99 4214403.99 4224403.99 4234403.99 4244403.99 4254403.99 426
4403.99 4274403.99 4284403.99 429
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4403.99 4304403.99 4314403.99 4324403.99 4334403.99 4344403.99 4354403.99 4364403.99 4374403.99 4384403.99 4394403.99 440
4403.99 4414403.99 4424403.99 4434403.99 4444403.99 4454403.99 4464403.99 4474403.99 4484403.99 4494403.99 4504403.99 4514403.99 4524403.99 4534403.99 4544403.99 4554403.99 4564403.99 4574403.99 4584403.99 4594403.99 4604403.99 461
4403.99 4624403.99 4634403.99 4644403.99 4654403.99 4664403.99 4674403.99 4684403.99 4694403.99 4704403.99 4714403.99 472
4403.99 4734403.99 4744403.99 475
Timber Products Harmonized Commodity Description and Coding System
4403.99 4764403.99 4774403.99 4784403.99 4794403.99 4804403.99 4814403.99 4824403.99 4834403.99 4844403.99 4854403.99 486
4403.99 4874403.99 4884403.99 4894403.99 4904403.99 4914403.99 4924403.99 4934403.99 4944403.99 4954403.99 4964403.99 4974403.99 4984403.99 499
4403.99 5014403.99 5024403.99 5034403.99 5044403.99 5054403.99 5064403.99 507
4403.99 5084403.99 5094403.99 5104403.99 5114403.99 5124403.99 5134403.99 5144403.99 5154403.99 5164403.99 5174403.99 518
4403.99 5194403.99 5204403.99 521
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4403.99 5224403.99 5234403.99 5244403.99 5254403.99 5264403.99 5274403.99 5284403.99 5294403.99 5304403.99 5314403.99 5324403.99 5334403.99 5344403.99 5354403.99 5364403.99 5374403.99 5384403.99 5394403.99 5404403.99 5414403.99 542
4403.99 5434403.99 5444403.99 5454403.99 5464403.99 5474403.99 5484403.99 5494403.99 5504403.99 5514403.99 5524403.99 5534403.99 5544403.99 5554403.99 5564403.99 5574403.99 5584403.99 5594403.99 5604403.99 5614403.99 5624403.99 563
4403.99 5644403.99 5654403.99 566
Timber Products Harmonized Commodity Description and Coding System
4403.99 5674403.99 5684403.99 5694403.99 5704403.99 5714403.99 5724403.99 5734403.99 5744403.99 5754403.99 576
4403.99 5774403.99 5784403.99 5794403.99 5804403.99 5814403.99 5824403.99 5834403.99 5844403.99 5854403.99 5864403.99 587
4403.99 5884403.99 5894403.99 5904403.99 5914403.99 5924403.99 5934403.99 5944403.99 5954403.99 5964403.99 5974403.99 5984403.99 599
4403.99 9014403.99 9024403.99 9034403.99 9044403.99 9054403.99 9064403.99 9074403.99 908
4403.99 9094403.99 910
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4403.99 911
4403.99 9124403.99 9134403.99 9144403.99 9154403.99 9164403.99 9174403.99 9184403.99 9194403.99 9204403.99 921
4403.99 9224403.99 9234403.99 9244403.99 9254403.99 9264403.99 9274403.99 9284403.99 9294403.99 9304403.99 9314403.99 9324403.99 9334403.99 9344403.99 9354403.99 9364403.99 9374403.99 9384403.99 9394403.99 9404403.99 9414403.99 942
4403.99 9434403.99 9444403.99 9454403.99 9464403.99 9474403.99 9484403.99 9494403.99 9504403.99 9514403.99 9524403.99 9534403.99 9544403.99 955
Timber Products Harmonized Commodity Description and Coding System
4403.99 9564403.99 9574403.99 9584403.99 9594403.99 9604403.99 9614403.99 9624403.99 9634403.99 9644403.99 9654403.99 966
4403.99 9674403.99 9684403.99 9694403.99 9704403.99 9714403.99 9724403.99 9734403.99 9744403.99 9754403.99 9764403.99 9774403.99 9784403.99 9794403.99 9804403.99 9814403.99 9824403.99 9834403.99 9844403.99 9854403.99 9864403.99 987
4403.99 9884403.99 9894403.99 9904403.99 9914403.99 9924403.99 9934403.99 9944403.99 9954403.99 9964403.99 997
4403.99 9984403.99 999
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Timber Products Harmonized Commodity Description and Coding System
Roughly trimmed wooden 4404.10 900 4404.20 900sticks
Ground wood (woodwool, 4405.00 100 4405.00 200wood flour)
Railway or tramway 4406.10 110 4406.90 110sleepers (cross-ties) 4406.10 120 4406.9