MALAYSIAN TIMBER INDUSTRY BOARD (INCORPORATION) ACT 1973

Malaysian Timber Industry (Incorporation) LAWS OF MALAYSIA Reprint Act 105 Malaysian Timber Industry Board (Incorporation) Act 1973 As at 1 January 2014 Published by The Commissioner of Law revision, Malaysia Under the Authority of the Revision of Laws Act 1968 2014 1 2 MALAYSIAN TIMBER INDUSTRY BOARD (INCORPORATION) ACT 1973 Date of Royal Assent ... ... ... … … … 6 April 1973 Date of publication in the Gazette … … 12 April 1973 Latest amendment made by Act A1387 which came into operation on … … … … … … … … 15 March 2011 Previous Reprints First Reprint ... ... ... ... ... 1994 Second Reprint ... ... ... ... ... 2000 Third Reprint ... ... ... ... 2006 ... 3 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. 5. Composition of the Board Representative members 5a. Tenure of office 6. Amendment 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 9c. Delegation of Director General’s duties 10. Public servants 11. Offices 12. Functions and powers of the Board 12a. Delegation of Board’s functions and powers 4 Laws of Malaysia Act 105 Part III REGULATION OF THE TIMBER INDUSTRY Section 13. Prohibition against carrying out activities without registration 13a. 14. (Deleted) Registration 14a. 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 18a. Duty to declare 18b. Presumption as to export Part IV FINANCE 19. Malaysian Timber Industry Board Fund 20. Cess on exportation of timber 21. Contribution by States 20a. Power to impose and collect fees and other forms of payments 22. Borrowing powers 23. Power to invest 24. Annual estimates 25. Audit and annual report 26. (Deleted) Part IVa POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST, ETC. 26a. Appointment of enforcement officers 26b. Power of investigation 26c. Authority card 26d. Power to arrest 26e. Search and seizure with warrant Malaysian Timber Industry (Incorporation) Section 26f. Search and seizure without warrant 26g. Power to enter premises 26h. Access to computerized data 26i. Seizure of thing, etc. 26j. Power to stop, search and seize conveyances 26k. List of things seized 26l. Temporary return of conveyance, etc. 26m. Sale and disposal of seized timber 26n. Power to require attendance of persons acquainted with case 26o. Examination of persons acquainted with case 26p. Admissibility of statements in evidence 26q. Forfeiture of seized timber, etc. 26r. Property right in forfeited timber, etc. 26s. Release of seized timber, etc. 26t. Enforcement officer may seek assistance to examine things related to offence 26u. Power to take sample 26v. Power of the Board to require information on timber, etc. 26w. Additional powers Part V MISCELLANEOUS 27. (Deleted) 27a. (Deleted) 27c. (Deleted) 27b. 27d. 27e. 27f. 27g. 27h. 27i. (Deleted) (Deleted) (Deleted) (Deleted) (Deleted) (Deleted) (Deleted) 27j. Obstruction of authorized officers 5 6 Laws of Malaysia Section 27k. 28. (Deleted) (Deleted) 29. Secrecy 29a. Protection against legal proceedings 29b. Appointment of analyst 29c. Certificate of analysis 29e. Cost of holding seized timber, etc. 29d. Examination or testing of seized timber 29f. No costs or damages arising from seizure to be recoverable 30. Abuse of power 30a. Institution and conduct of prosecution 30b. Compounding of offences 30d. Public Authorities Protection Act 1948 31. Jurisdiction 33. General penalty 33b. (Deleted) 30c. Protection of informers 30e. Power to exempt 32. Amendment of Schedules 33a. Offence committed by body corporate 34. Rules and regulations 34a. Discipline of officers and servants 34b. Surcharge 34c. 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 38. Transfer of property 39. Existing contracts Act 105 Malaysian Timber Industry (Incorporation) Section 40. Continuance of criminal and civil proceedings 42. Continuance of officers and servants 41. Transfer of Fund 43. Saving of existing certificate holders 44. Prevention of anomalies First Schedule Second Schedule Third Schedule Fourth Schedule 7 8 Laws of Malaysia Act 105 Malaysian Timber Industry (Incorporation) 9 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 Export Industry Board to establish the Malaysian Timber Industry Board and provide for matters connected therewith, and to make better provisions respecting the Malaysian timber industry. [Peninsular Malaysia—1 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-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan 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 Industry Board (Incorporation) Act 1973 and shall apply throughout Malaysia. 10 Laws of Malaysia Act 105 (2) Subject to subsection (3), this Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette. (3) The Minister may appoint different dates for the coming into operation of this Act, or of different provisions of this Act, in Peninsular Malaysia, Sabah and Sarawak respectively. Interpretation 2. (1) In this Act, unless the context otherwise requires— “appointed day” means the day on which this Act, or, if different dates are appointed for the coming into operation of different provisions of this Act, the day on which Part VI, comes into operation; “Board” means the Malaysian Timber Industry Board established under section 3; “Chairman” means the Chairman of the Board appointed under section 4; “cess” means the cess imposed under section 20; “Director General” means the Director General appointed under section 9 and includes the Deputy Director General; “domestic market” means market within Malaysia; “enforcement officer” means— (a) an officer of the Board or any public officer appointed under section 26a; (b) a police officer not below the rank of Inspector; or (c) an officer of customs as defined under the Customs Act 1967 [Act 235]; “export” means to take or cause to be taken out of Malaysia by land, sea or air or to place any timber in a vessel, conveyance or aircraft for the purpose of the timber being taken out of Malaysia by land, sea or air; Malaysian Timber Industry (Incorporation) 11 “exporter” means a person who exports timber; “Fund” means the Malaysian Timber Industry Board Fund established under section 19; “forest plantation” means the planting, managing and harvesting of trees under the Forest Plantation Development Programme implemented by the Board; “grader” means a person who holds a valid certificate of competency in the grading of sawn timber, issued by the grading authority; “grading authority” means the Director General of the Malaysian Timber Industry Board; “harvesting” means taking, collecting, tapping or removing, of any forest produce for the purpose of forest plantation; “import” means to bring or cause to be brought any timber into Malaysia by land, sea or air but does not include bona fide transit of timber and transshipment of timber; “importer” means a person who imports timber; “in transit” means taken or sent from any country and brought into Malaysia by land, sea or air (whether or not landed or transshipped in Malaysia) for the sole purpose of being carried to another country either by the same or another conveyance; “jetty” means a yard from which timber may be directly removed for immediate shipment without having to be kept at another yard; “jetty operator” means a person who operates a jetty who is involved in any activity relating to the exportation or importation of timber; “member” means a member of the Board, and includes an alternate member; “mill” means any building or factory used wholly or partly for the manufacture, processing, seasoning or preservation of timber; 12 Laws of Malaysia Act 105 “operator” means a person who holds a valid certificate of competency issued by the Board to operate a timber preservation plant, a timber kiln dry plant or both; “permit”, in relation to the exportation or importation of timber, means a certificate of approval issued by the Board; “premises”, in relation to timber, means any place, whether open or enclosed or whether on land or sea or whether movable or immovable and includes any house, mill, shop, conveyance, store, room, hall, shed, container, jetty, yard, estate, farm, warehouse, port or airport; “processor” means a person who carries on the business of kiln drying or preserving timber; “proper officer of customs” has the meaning assigned to it in section 2 of the Customs Act 1967; “Quality Control Inspector” means a quality control inspector appointed under section 9; “recognized association” means an association, body or organization listed in the Third Schedule; “research finding” means any result or output from a research and development activity and includes new or improved product, design, invention, innovation and development in any process, technique, apparatus or machine; “supplier” means a person who supplies timber for the purpose of export; “this Act” includes any subsidiary legislation made under this Act; “timber” means the products, or any of the products, listed in the First Schedule; “timber industry” means any activity which involves forest plantation, development, trade, marketing, processing, manufacturing and production of and research on timber; “timber quality” means grade, species, size and any specification relating to timber; Malaysian Timber Industry (Incorporation) 13 “trader” means a person who carries on the business of selling, trading, distributing or marketing of timber for the purpose of domestic market; “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, intended to be used in the manufacture of any article or in the erection of any building or structure, is seasoned, preserved or offered for sale. (2) The provision of this Act shall not be in derogation of the provisions of the National Forestry Act 1984 [Act 313] or any other written laws for the time being in force in relation to forestry. Part II ESTABLISHMENT OF THE BOARD Establishment of the Board 3. (1) There shall be established a body corporate by the name of “Malaysian Timber Industry Board” which shall have perpetual succession and a common seal and power to acquire and hold movable and immovable property and to dispose thereof or otherwise deal therewith, and which may sue and be sued in its corporate name. (2) The Second Schedule shall apply to the Board. Composition of the Board 4. (1) The Board shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; (b) the Secretary General of the Ministry of Plantation Industries and Commodities; (ba) the Secretary General of the Treasury; (c) the Secretary General of the Ministry of International Trade an