MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 551 MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 As at 1 December 2011 2 MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 Date of Royal Assent ... ... ... ... … Date of publication in the Gazette … … 2 September 1996 12 September 1996 PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2002 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 551 MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 ARRANGEMENT OF SECTIONS P ART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation P ART II ESTABLISHMENT OF THE BOARD 3. The Board and its objectives 4. Functions and powers of Board 5. Membership of Board 6. Tenure of office 7. Alternate members 8. Temporary exercise of functions of Chairman 9. Revocation and resignation 10. Vacation of office 11. Non-liability of members of Board 12. Public Authorities Protection Act 1948 13. Public servant 14. Power of Minister to give directions 4 Laws of Malaysia ACT 551 Section 15. Returns, reports, accounts and information 16. Delegation of Board’s functions, powers or duties 17. Board may establish committees P ART III DIRECTOR GENERAL, OFFICERS AND SERVANTS OF THE BOARD 18. Appointment of Director General 19. Appointment of officers and servants 20. Power to grant loans and make advances to officers and servants 21. Delegation of Director General’s duties 22. Disciplinary committees 23. Appeal against decision of disciplinary committee 24. Power to make disciplinary regulations 25. Imposition of surcharge 26. Notification of surcharge 27. Withdrawal of surcharge 28. Recovery of surcharge 29. Composition of Board in special cases P ART IV RESEARCH AND DEVELOPMENT 30. Establishment of research centres 31. Functions and powers of research centres 32. Access to research centres, etc. 33. Prohibition against reproduction or publication P ART V FINANCE 34. The Fund 35. Expenditure to be charged on Fund Malaysian Rubber Board (Incorporation) Section 36. Conservation of Fund 37. Cess on rubber and rubber products 38. Fees for technical advisory services 39. Expenditure and preparation of estimates 40. Statutory Bodies (Accounts and Annual Reports) Act 1980 P ART VI OTHER POWERS AND FUNCTIONS OF THE BOARD 41. Power to borrow 42. Investment 43. Power to employ agents, etc. 44. Power to grant loans 45. Power to establish corporations P ART VII ENFORCEMENT 46. Authorization of officers 47. Power of investigation 48. Search by warrant 49. List of things seized 50. Forfeiture of rubber, etc., seized 51. Property in forfeited rubber, etc. 52. Cost of holding rubber, etc., seized 53. No costs or damages arising from seizure to be recoverable 54. Obstruction of authorized officer P ART VIII GENERAL 55. Regulation of rubber industry 56. General penalty 5 6 Laws of Malaysia ACT 551 Section 57. Compounding of offences 58. Institution and conduct of prosecution 59. Jurisdiction to try offences 60. Protection of officers 61. Power to exempt 62. Regulations 63. Validation of acts done in anticipation of Act P ART IX REPEAL, SAVINGS AND TRANSITIONAL 64. Repeal and dissolution 65. Transfer of powers, etc. 66. Transfer of property 67. Existing contracts 68. Transfer of moneys in funds 69. Membership of dissolved Boards 70. Continuance of officers and servants 71. Savings for certificates, licences and registers 72. Continuance of pending applications, etc. 73. Continuance of civil and criminal proceedings 74. Reference in law or document to dissolved Boards and dissolved Institute 75. Prevention of anomalies FIRST S CHEDULE SECOND SCHEDULE Malaysian Rubber Board (Incorporation) 7 LAWS OF MALAYSIA Act 551 MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 An Act to repeal the Malaysian Rubber Research and Development Fund Act 1958, the Rubber Research Institute of Malaysia Act 1966, the Malaysian Rubber Exchange and Licensing Board Act 1972, the Rubber Shipping and Packing Control Act 1949 and the Rubber Export Registration Act 1966; to dissolve the Malaysian Rubber Research and Development Board, the Rubber Research Institute of Malaysia and the Board of the Rubber Research Institute of Malaysia and the Malaysian Rubber Exchange and Licensing Board; to establish the Malaysian Rubber Board and to provide for matters connected therewith and to make better provision in respect of the rubber industry of Malaysia. [1 January 1998, P.U. (B) 2/1998] 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: P ART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Malaysian Rubber 8 Laws of Malaysia ACT 551 Board (Incorporation) Act 1996. (2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint and the Minister may appoint different dates for the coming into force 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 different dates are appointed for the coming into force of different provisions of this Act, the day on which Part IX comes into force; “authorized officer” means— (a) an officer of the Board authorized under section 46; (b) a police officer not below the rank of Inspector; or (c) an officer of customs; “Board” means the Malaysian Rubber Board established under section 3; “cess” means the cess imposed under section 37; “Chairman” means the Chairman of the Board appointed under section 5; “Director General” means the Director General of the Board appointed under section 18; _____________________________________________________ *NOTE−All reference to “West Malaysia” shall be construed as reference to “ Peninsular Malaysia” −see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2). Malaysian Rubber Board (Incorporation) 9 “Fund” means the Malaysian Rubber Board Fund established under section 34; “Malaysian Rubber Exchange” means the Malaysian Rubber Exchange established under the Malaysian Rubber Exchange (Incorporation) Act 1962 [Act 402]; “member” means a member of the Board and includes an alternate member; “research centre” means a research centre established under section 30; “research finding” means any results from research and development activities and includes inventions and improvements in any process, apparatus, machine or technique; “rubber” means all natural rubber in liquid, solid or blended form derived from any latex-bearing plant and synthetic rubber in liquid, solid or blended form derived from petrochemical products and includes all elastomers derived from natural or synthetic rubber or both; “rubber industry” includes the production of rubber and hevea wood, the processing and utilization of rubber, the manufacture of rubber products, and services related thereto; “rubber products” means all vulcanisates in finished or semi-finished form derived wholly or partly from rubber; “this Act” includes any subsidiary legislation made under this Act. P ART II ESTABLISHMENT OF THE BOARD The Board and its objectives 3. (1) There is established a body corporate by the name 10 Laws of Malaysia ACT 551 of “Malaysian Rubber Board” with perpetual succession and a common seal, which may sue and be sued in its corporate name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Board upon such terms as it thinks fit. (2) The objectives of the Board are— (a) to promote and develop the rubber industry of Malaysia; and (b) to develop national objectives, policies and priorities for the orderly development and administration of the rubber industry of Malaysia. (3) The provisions of the First Schedule shall apply to the Board. Functions and powers of Board 4. (1) The functions of the Board shall be— (a) to implement policies and developmental programmes to ensure the viability of the rubber industry of Malaysia; (b) to promote and implement research and development activities in the production, use and consumption of rubber; (c) to plan, co-ordinate and monitor all rubber research and development activities; (d) to regulate the rubber industry, in particular in relation to dealings in rubber, packing, grading, shipping and export of rubber; (e) to control and monitor the quality of rubber, rubber planting Malaysian Rubber Board (Incorporation) 11 materials and rubber products; (f) to develop, transfer, exploit and promote research findings; (g) to provide technical, advisory and consultancy services to the rubber industry; (h) to administer and manage the Fund; (i) to regulate the Malaysian rubber market and manage the Malaysian Rubber Exchange; (j) to formulate and implement an international marketing strategy for the rubber industry of Malaysia; (k) to liase and co-operate with rubber agencies within or outside Malaysia to further enhance the rubber industry of Malaysia; (l) to plan and implement human resource training in line with the needs of the rubber industry; (m) to be the resource and information centre for the rubber industry; and (n) to publish or sponsor the publication of periodicals, booklets and other information materials. (2) The Board shall have power— (a) to undertake and co-ordinate activities relating to research and development into the production, use, consumption and marketing of rubber and rubber products, and services related thereto; (b) to commission any person or body to carry out research; (c) to carry on all activities, particularly activities which are commercial in nature the carrying on of which appears to it to be requisite, advantageous or convenient for or 12 Laws of Malaysia ACT 551 in connection with the performance of its functions; (d) to impose fees or any other charges it thinks fit for the use of any facility relating to research, investigation, testing, technical advice or any other service provided by the Board; (e) to acquire by purchase, bailment, application or otherwise, any rights, privileges or licences that it considers necessary for the performance of its functions; (f) to dispose of by sale, bailment or otherwise, or turn to account or otherwise deal with any rights, privileges or licences of the Board; (g) to enter into such negotiations and agreements or arrangements as it thinks fit for discharging its functions; (h) to award certificates of proficiency in respect of training and accredited programmes; (i) to plan, co-ordinate and undertake such activities as it thinks necessary for the purpose of protecting and furthering the interests of the rubber industry of Malaysia; (j) to impose fees or any other charges it thinks fit for giving effect to any of its functions or powers; and (k) to do such other things as it thinks fit to enable it to perform its functions and powers effectively or which are incidental to the performance of its functions. Membership of Board 5. (1) The Board shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; Malaysian Rubber Board (Incorporation) 13 (b) a representative of the Ministry charged with the responsibility for the rubber industry; (c) a representative of the Treasury; (d) a representative of the Rubber Industry Smallholders’ Development Authority; (e) a representative of the smallholder sector of the rubber industry; (f) a representative of the estate sector of the rubber industry; (g) a representative of th