Malaysian Agricultural Research and Development Institute Act 1969 (Act 11)

8/8/2019 Malaysian Agricultural Research and Development Institute Act 1969 (Act 11)

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8 Laws of Malaysia A CT 11

PART III

THE BOARD

The Governing Board

5. (1) For the purpose of administering the Institute theMalaysian Agricultural Research and Development InstituteGoverning Board (in this Act referred as the Board) isestablished which shall be a body corporate with perpetualsuccession and a common seal, and may sue and be sued in itsname, and subject to and for the purposes of this Act may enter into contracts and shall have power to acquire and hold propertyof every description, moveable, immoveable and intangible, andto dispose thereof or otherwise deal therewith.

(2) The Board shall consist of the following members:

(a) the Chairman;

(aa) the Director General;

(b) a representative of the Ministry of Agriculture andAgro-based Industry;

(c) a representative of the Ministry of Finance;

(d) a representative of the Ministry of Plantation Industriesand Commodities;

(e) a representative of the Economic Planning Unit of thePrime Ministers Department;

(f) a representative from the Ministry responsible for Science, Technology and Environment;

(g) not more than five members with experience inagricultural research, agricultural development,agricultural industry, agro-based industry and foodindustry.

(3) The members of the Board shall be appointed for such period as may be specified in their letters of appointment by theMinister and shall, unless he sooner resigns his office or hisappointment revoked or his office otherwise becomes vacant, beeligible for reappointment.

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Malaysian Agricultural Researchand Development Institute 9

(4) If owing to illness or any other cause whatsoever theChairman is unable to perform his function, the Board shall electamong the members an acting Chairman who shall exercise the

powers and perform the duties of the Chairman under this Act.

Alternate members

5A. (1) The Minister may, in respect of each member of theBoard appointed under paragraphs 5(2) (b) , (c) , (d) , (e) and (f) ,appoint one person to be an alternate member to attend in place of the member at the meetings of the Board if that member is for anyreason unable to attend.

(2) When attending meetings of the Board, an alternatemember shall for all purposes be deemed to be a member of theBoard.

(3) An alternate member shall, unless he sooner resigns or hisappointment is sooner revoked, cease to be an alternate member if the member in respect of whom he is an alternate ceases to be amember of the Board.

Functions of the Board

6. (1) Without prejudice to subsection 5(1) the Board shallhave, in addition, the following functions

(a) subject to the direction of the Minister, to determinethe policies in the administration of the Institute;

(b) to determine the procedure with respect to appointments, promotions and termination of appointments of

employees and servants of the Institute, exclusive of the Director General and Deputy Directors General;

(c) with the concurrence of the Minister, to approve the budgets or estimates of expenditure with respect to theadministration and operation of the Institute;

(d) to issue administrative rules relating to the day-to-dayadministration of the Institute;

(e) to determine and allocate grant-in-aid for research to be conducted by other organizations or agencies; and





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(f) to approve the selection of recipient of scholarshipand issue award or travel grant to be financed by theInstitute.

(2) ( Deleted by Act A1160 ).

(3) The provisions of the Schedule shall apply to the Board.

Power to enter into equity participation or joint venture

6A. The Board may, with the approval of the Minister and theconcurrence of the Minister of Finance, enter into equity

participation in or joint venture with any enterprise where such participation or venture appears to it to be requisite, advantageousor convenient for or in connection with the discharge of thefunctions of the Institute.

Additional powers of the Board

6B. (1) The Board may, with the approval of the Minister andthe concurrence of the Minister of Finance

(a) carry on any activity which is commercial in natureand where it appears to be necessary, advantageous or convenient for or in connection with the discharge of the functions of the Institute; or

(b) promote the incorporation of companies under CompaniesAct 1965 [ Act 125 ] for the purposes of carrying out or engaging in any activity which has been planned or undertaken by the Board in connection with the dischargeof the functions of the Institute.

(2) The Memorandum of Association of a company incorporatedunder paragraph (1) (b) shall be as approved by the Board prior tothe incorporation of such company.

(3) Notwithstanding subsection (1), the Board shall not withoutthe approval of the Minister and the concurrence of the Minister of Finance

(a) invest in the shares of any company; or

(b) dispose of all or any part of its equity or assetsinvested in any of its subsidiary companies.





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Appointments of officers and servants of the Institute

7. The Board may from time to time appoint and employ on suchremuneration and upon such terms and conditions as may be

prescribed by rules, such officers, servants and consultants as may be necessary in the opinion of the Board for the proper implementationof this Act.

Discipline of officers and servants

7A. (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 4(1).

(2) The disciplinary authority in respect of every officer andservant of the Institute other than the Director General shall bethe Disciplinary Committee of the Board established under subsection (1).

(3) The disciplinary authority in respect of the Director Generalshall be the Disciplinary Committee which shall consist of theSecretary General of the Ministry of Agriculture and Agro-basedIndustry as chairman and two members to be elected by and from themembers of the Board.

(4) The Director General shall not be a member of theDisciplinary Committee in any proceedings before it in which heis the complainant; his place shall be taken by a member to beelected by and from the members of the Board.

(5) In the exercise of its disciplinary functions, the DisciplinaryCommittee shall have the power to impose such disciplinary

punishment as may be provided for under any regulations thatmay be made under section 25 A .

(6) The Disciplinary Committee may, subject to subsection(7), delegate any of its disciplinary functions, powers or duties toany committee of officers or servants of the Institute, in respect of any particular officer or servant of the Institute or in respect of any class or category of officers or servants of the Institute, andthe committee delegated with such functions, powers or dutiesshall carry out, exercise or discharge them under the direction andcontrol of the Disciplinary Committee which shall have the power





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or a servant be terminated in the public interest, the Board maycall for a full report from the superior officer of the officer or servant against whom the representations are made which shallcontain particulars relating to the work and conduct of the officer or servant.

(2) If, after considering the report received under subsection(1), the Board is satisfied that, having regard to the conditions of service, the usefulness of the officer or servant, the work and

conduct of the officer or servant and all other circumstances of the case, it is desirable in the public interest to do so, the Boardmay terminate the service of the officer or servant with effectfrom such date as the Board shall specify.

(3) It shall be lawful for the appropriate DisciplinaryCommittee to recommend to the Board that the service of anofficer or a servant be terminated in the public interestnotwithstanding that disciplinary proceedings have not beencarried out under this Act and the Board may so terminate theservice of the officer or servant.

(4) Notwithstanding anything in this Act and any other law tothe contrary, in terminating the service of an officer or servant inthe public interest under this section, the officer or servant maynot be given any opportunity of being heard and an officer or aservant whose service has been terminated in the public interestunder this section shall not be regarded as having been dismissed,regardless of whether such termination of service of the officer or servant involved an element of punishment or was connected withconduct in relation to his office which the Board regards asunsatisfactory or blameworthy.

PART IV

THE SCIENTIFIC COUNCIL

The Scientific Council

8. (1) For the purpose of ensuring maximum quality andeffectiveness of the technical programmes of the Institute, theMalaysian Agricultural Research and Development InstituteScientific Council (hereinafter referred to as the ScientificCouncil) is established.





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(2) The Scientific Council shall consist of the followingmembers appointed by the Minister

(a) the Director General of the Institute as Chairman;

(b) a Deputy Director General;

(c) three representatives from the Ministry of Agriculture andAgro-based Industry;

(d) a representative from the Ministry of Plantation Industriesand Commodities;

(e) not more than six persons from the agricultural industry,agro-based industry and food industry, who in theopinion of the Minister, are able to contribute to thedue and proper functioning of the Scientific Council;

(f) two persons from such public higher educationalinstitutions in Malaysia as may be determined by theMinister; and

(g) a representative from the finance or investment sector.

(3) If owing to illness or any other cause whatsoever thechairman is unable to perform his function, the Council shallelect among the members an acting chairman who shall exercisethe powers and perform the duties of the chairman under this Act.

(4) ( Deleted by Act A1160 ).

(5) Every member of the Scientific Council shall, unless hesooner resigns from his office or his appointment revoked or hisoffice otherwise becomes vacant, hold office for such period asmay be specified in his letter of appointment and shall be eligiblefor reappointment.

Functions of the Scientific Council

9. Without prejudice to subsection 8(1), the Scientific Councilshall have, in addition, the following functions

(a) to advise on the formulation of and review theresearch programmes of the Institute;





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(b) to advise on priorities for the research and development programmes of the Institute to ensure maximumquality and effectiveness;

(c) to maintain liaison with external organizations, bothin the public and private sectors, and to maintaincontact with agricultural research needs;

(d) to furnish guidance in the development or researchfacilities including the selection of locations and

laboratory facilities and supervision of major items of specialized equipment;

(e) to advise on the procedures for the evaluation of capability and performance of the professional staff appointed under this Act, including promotions on

professional merit;

(f) to advise on the library documentation services and publications of the Institute.

Meetings of the Scientific Council

10. The Scientific Council shall meet at least four times each year and shall, in addition, meet as and when convened by theChairman of the Scientific Council or the Executive Secretary.

Decision of the Scientific Council

11. A decision of the Scientific Council shall be decided by themajority of votes of the members present and voting.

Minutes

12. Records of the proceedings of all meetings of the ScientificCouncil shall be kept by the Institute and copies thereof shall besubmitted to the Board.

Procedure of Scientific Council

13. Subject to the provisions of this Act and any rules madethereunder, the Scientific Council may determine its own

procedure.





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PART V

THE FUND AND ACCOUNTS

The Fund

14. For the purposes of this Act there shall be established theMalaysian Agricultural Research and Development Fund (hereinafter referred to as the Fund) to be administered by the Board in

accordance with the provisions of this Act (a) into which shall be paid any special cesses which may

be imposed or collected in accordance with section 20;

(b) into which shall be paid any grants made to theInstitute by the Federal or any State Government;

(c) into which shall be paid any moneys from any sources,contributions, endowments, gifts or bequests as may

be made to or in favour of the Institute;

(d) from which shall be defrayed all expenditure relating tothe administration of the Institute, the Board and theScientific Council and such other expenditure as may

be paid in accordance with the provisions of this Act;

(e) from which shall be defrayed any expenditure incurred in providing for the welfare of the officers and servantsof the Institute with the approval of the Minister.

Statutory Bodies (Accounts and Annual Reports) Act 1980

15. The Statutory Bodies (Accounts and Annual Reports) Act1980 [ Act 240 ] shall apply to the Board.

16. ( Deleted by Act A1160 ).

17. ( Deleted by Act A1160 ).

Surcharge

17A. (1) If it appears to the Board that any person who is or wasin the employment of the Institute

(a) has failed to collect any moneys owing to the Institutefor the collection of which he is responsible;





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(b) is or was responsible for any payment from the Fundof moneys which ought not to have been made or for any payment 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 theInstitute;

(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, or moneys from the Fundto any person to whom such payment is due under anycontract, agreement or arrangement entered into

between that person and the Institute,

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 to thefailure 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, or delay 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 the

property destroyed, and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delayin making payment, the Board may surcharge against the said

person such sum as the Board may think fit.

(2) The Chairman shall cause the Director General to benotified of any surcharge made under subsection (1) and theDirector General shall thereupon notify the person surcharged.

(3) The Board may at any time withdraw any surcharge inrespect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made,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)and not withdrawn under subsection (3) shall be a debt due to theInstitute from the person against whom the surcharge is made and





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Remuneration or allowance

21A. There may be paid to members of the Board, the ScientificCouncil, the committees or any other person (not being an officer or servant of the Board who is within the ambit of the provisionsof this Act relating to the terms and conditions of serviceapplicable to his case) such remuneration or allowance as theMinister may determine.

Protection against liabil ity of members of Board and ScientificCouncil

22. No member of the Board or of the Scientific Council shallincur any personal liability for any loss or damage caused by anyact or omission in the management or conduct of the affairs of theInstitute, the Board or the Scientific Council, unless such loss or damage is occasioned by an intentionally wrongful act or omission on his part.

Property in research findings

23. (1) The property in every research finding or every programmeundertaken by the Institute that is funded entirely by grants madeto the Institute by the Federal Government or any State Governmentshall vest in the Board.

(2) The property in every research finding or every programmeundertaken by the Institute that is funded by a private enterpriseor organization shall vest in the Board and such private enterpriseor organization jointly, subject to the terms of any agreement

between the Board and the private enterprise or organization.

Access to research findings and facilities

23A. (1) The Board may, subject to such conditions, restrictionsand limitations as it may determine, allow any person access to theresearch findings and facilities of the Institute.

(2) For the purposes of this section, facilities includesequipment, laboratory, experimental plot , data base andgermplasm collection.





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Power to charge fees

23B. The Board may impose fees, royalties or any other chargesas it thinks fit for any research, investigation, test, training, adviceor other services provided by the Institute, or for the use of any of its property and facilities.

Directions of Minister

24. The Minister may from time to time issue general directionsto the Board not inconsistent with the provisions of this Act; andthe Board shall give effect to such directions.

Rules

25. The Board may, with the approval of the Minister, and inrespect of paragraphs (a) and (b) subject to the concurrence of theMinister of Finance make rules for all or any of the followingmatters

(a) the determination of salary scales and terms andconditions of employment of the officers and servantsof the Institute, including the provisions of loans tosuch officers and servants;

(b) the establishment and management of a contributory provident fund for the officers and servants of theInstitute or for payment of pensions, allowances or gratuities to the said officers and servants onretirement or otherwise ceasing to hold office;

(c) the principles and procedures with respect to appointment, promotions and termination of appointments in theInstitute, exclusive of the Director General and DeputyDirectors General;

(d) the principles and procedures for the evaluation of capability and performance of the professional staff of the Institute; and

(e) any other matter which may be prescribed under thisAct.





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Power to make disciplinary regulations

25A. (1) The Board may, with the approval of the Minister,make such disciplinary regulations as it deems necessary or expedient to provide for the discipline of the officers and servantsof the Institute.

(2) The disciplinary regulations made by the Board under thissection may include provisions for the interdiction with reduction

in salary or in other remunerat ion, or provisions for thesuspension without salary or other remuneration, of an officer or servant of the Institute during the pendency of disciplinary

proceedings.

(3) The disciplinary regulations made under this section shallc rea te such d isc ip l inary offences and provide for suchdisciplinary punishments as the Board may deem appropriate, andthe punishments so provided may extend to dismissal or reductionin rank.

(4) The disciplinary regulations made under this section shall,in prescribing the procedure for disciplinary proceedings, providefor an opportunity for the person against whom disciplinary

proceedings are taken to make representations against thedisciplinary charge laid against him before a decision is arrived at

by the Disciplinary Committee except in the following cases:

(a) where an officer or a servant of the Institute isdismissed or reduced in rank on the ground of conductin respect of which a criminal charge has been provedagainst him;

(b) where the Board, on the recommendations of theMinister charged with the responsibility for homeaffairs, is satisfied that in the interest of the security of Malaysia or any part thereof it is not expedient tocarry out the requirements of this subsection; or

(c) where there has been made against an officer or aservant of the Insitute any order of detention,supervision, restricted residence, banishment or deportation, or where there has been imposed on anofficer or a servant of the Insitute any form of restriction or supervision by bond or otherwise, under any law relating to the security of Malaysia or any part





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thereof, prevention of crime, preventive detention,restricted residence, banishment, immigration, or

protection of women and girls.

(5) The disciplinary regulations made under this section shall provide for the procedure for the hearing of an appeal against thedecision of the Disciplinary Committee.

(6) For the purpose of this section, officer includes theDirector General.

SCHEDULE

[Section 6]

Meetings of the Board

1. The Board shall meet at least four times each year and shall, in addition, meet asand when convened by the Chairman.

Quorum

2. Four members present shall be a quorum at any meeting of the Board.

Minutes of the Board

3. Minutes shall be kept of all proceedings of the Board and copies thereof shall besubmitted to the Minister.

Seal of the Board

4. The seal of the Board shall be kept in the custody of the Director General or suchother person as may be authorized by the Board, and shall be authenticated by theDirector General or such authorized person and an officer authorized by either of them in writing; and all deeds, documents and other instruments purporting to besealed with such seal, authenticated as specified in this paragraph, shall, until thecontrary is proved, be deemed to have been validly executed.

Procedures of the Board

5. Subject to this Act the Board shall determine its own procedure.

Appointment of Committees

6. (1) The Board may appoint committees for any purpose arising out of or connected with any of its powers, duties and functions under this Act; any committee





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so appointed shall include not less than one member of the Board, and there may beappointed to such committee such other persons as the Board may think fit.

(2) Any committee so appointed shall conform to any instructions from time totime given to it by the Board, and the Board may at any time discontinue or alter theconstitution of any committee so appointed.

(3) The Board or the committee, respectively, may invite any person who, in itsopinion, is possessed of special knowledge of advantage to it, to attend any meetingof the Board or the committee and the person so invited shall not be entitled to voteat any such meeting.

Powers to request

7. The Board may require any person to submit any information which, in the opinionof the Board is necessary for the discharge of its functions under this Act.





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24

LAWS OF MALAYSIA

Act 11

MALAYSIAN AGRICULTURALRESEARCH AND DEVELOPMENT

INSTITUTE ACT 1969

LIST OF AMENDMENTS

Amending law Short title In force from

Act A203 Malaysian Agricultural Researchand Development Institute(Amendment) Act 1973

22-06-1973

Act A374 Malaysian Agricultural Researchand Development Institute

(Amendment) Act 1977

18-03-1977

Act 218 Palm Oil Research and DevelopmentAct 1979

15-05-1979

Act 343 Malaysian Cocoa Board(Incorporation) Act 1988

01-02-1989except ss. 25 & 26.SeeP.U.(B)59/1989


01-08-1990


31-08-1990

Act 478 Revocation of Exemption FromPayment of Stamp Duties Act1992

21-02-1992





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01-09-1999

Act A1103 Malaysian Cocoa Board(Incorporation) (Amendment) Act2001

01-09-2001


01-11-2002

P.U.(A)206/2004 Ministers of the Federal Government(No. 2) Order 2004

27-03-2004

Amending law Short title In force from





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26

LAWS OF MALAYSIA

Act 11

MALAYSIAN AGRICULTURALRESEARCH AND DEVELOPMENT

INSTITUTE ACT 1969

LIST OF SECTIONS AMENDED

Section Amending authority In force from

2 Act A374 18-03-1977

Act A1160 01-11-2002

P.U.(A)206/2004 27-03-2004

3 Act 218 15-05-1979

Act 343 01-02-1989

Act A785 31-08-1990

Act A1103 01-09-2001

Act A1160 01-11-2002

4 Act A374 18-03-1977

Act A1160 01-11-2002

5 Act A203 22-06-1973Act A374 18-03-1977

Act A785 31-08-1990

Act A1160 01-11-2002

P.U.(A)206/2004 27-03-2004

5A Act A785 31-08-1990





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6 Act A203 22-06-1973

Act A1160 01-11-2002

6A Act A785 31-08-1990

6B Act A1160 01-11-2002

7A Act A757 01-08-1990

Act A1054 01-09-1999

P.U.(A)206/2004 27-03-2004

7B Act A1054 01-09-1999

7C Act A1054 01-09-1999

8 Act A203 22-06-1973

Act A374 18-03-1977

Act A1160 01-11-2002

P.U.(A)206/2004 27-03-2004

9 Act A203 22-06-1973

12 Act A203 22-06-1973

14 Act A1160 01-11-2002

15 Act A1160 01-11-2002

16 Act A1160 01-11-2002

17 Act A1160 01-11-2002

17 A Act A757 01-08-1990

18 Act A1160 01-11-2002

21 Act 478 21-02-1992

21 A Act A785 31-08-1990

23 Act A1160 01-11-2002






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23 A Act A1160 01-11-2002

23 B Act A1160 01-11-2002

25 A Act A757 01-08-1990

Act A1054 01-09-1999

Schedule Act A203 22-06-1973

Act A785 31-08-1990

Act A1160 01-11-2002

Throughout theAct

Act A374 18-03-1977

Act A1160 01-11-2002




Documents

Malaysian Agricultural Research and Development Institute Act 1969 (Act 11)