FOREST RESEARCH INSTITUTE MALAYSIA ACT 2016

Forest Research Institute Malaysia LAWS OF MALAYSIA Act 782 FOREST RESEARCH INSTITUTE MALAYSIA ACT 2016 1 2 Laws of Malaysia Date of Royal Assent Act 782 ... ... 31 August 2016 Date of publication in the Gazette ... ... ... 30 September 2016 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Forest Research Institute Malaysia 3 LAWS OF MALAYSIA Act 782 FOREST RESEARCH INSTITUTE MALAYSIA ACT 2016 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. 2. Short title Interpretation Part II THE INSTITUTE AND ITS FUNCTIONS, POWERS, ETC. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. The Institute established under Malaysian Forestry Research and Development Board Act 1985 Functions of the Institute Powers of the Institute Branches and research centres of the Institute Membership of the Institute Tenure of office Alternate members Temporary exercise of functions of Chairman Directions by Minister Returns, reports, accounts and information Secretary Institute may establish committees Part III DIRECTOR GENERAL, OFFICERS AND SERVANTS OF THE INSTITUTE 15. 16. Powers and duties of Director General Appointment of Deputy Director General 4 Laws of Malaysia Act 782 Section 17. Appointment of officers and servants 19. Loans, scholarships and advances 18. 20. 21. 22. Statutory Bodies (Discipline and Surcharge) Act 2000 Payment of retirement benefit, gratuity, etc. Institute may adopt regulations, rules, etc. Delegation of Director General’s duties Part IV FINANCE 23. The Fund 25. Conservation of the Fund 24. 26. 27. 28. Expenditure to be charged on the Fund Expenditure and preparation of estimates Reserve fund Statutory Bodies (Accounts and Annual Reports) Act 1980 Part V OTHER POWERS OF THE INSTITUTE 29. Power to impose, etc., research cess 31. Power to commercialize research findings 30. 32. 33. 34. 35. 36. Power to establish companies Power to impose fees and charges Power to borrow Power to invest, etc. Power to employ agents, etc. Power to make regulations Part VI MISCELLANEOUS 37. Property in research findings, etc. 38. Access to research findings and facility, etc. Forest Research Institute Malaysia Section 39. Prohibition against reproduction or publication 40. Secrecy 41. Restriction on the use of words 42. Protection against suits and legal proceedings 43. Public Authorities Protection Act 1948 44. Public servants Part VII REPEAL, DISSOLUTION, SAVINGS AND TRANSITIONAL PROVISIONS, ETC. 45. Interpretation 46. Repeal and dissolution 47. Transfer of powers, etc. 48. Transfer of property 49. Existing contracts 50. Dissolution of Forestry Research and Development Fund, etc. 51. Membership of dissolved Board 52. Officers continue to hold office 53. Continuance of pending applications, etc. 54. Continuance of civil and criminal proceedings 55. Validation and indemnity 56. Reference in law or document to dissolved Board Schedule 5 6 Laws of Malaysia Act 782 7 Forest Research Institute Malaysia LAWS OF MALAYSIA Act 782 FOREST RESEARCH INSTITUTE MALAYSIA ACT 2016 An Act to provide for the continued existence of the Forest Research Institute of Malaysia established by the Malaysian Forestry Research and Development Board which shall be a body corporate under this Act and the dissolution of the Malaysian Forestry Research and Development Board, to set out the administration, functions and powers of the Forest Research Institute Malaysia and to provide for matters connected therewith or incidental thereto. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title 1. This Act may be cited as the Forest Research Institute Malaysia Act 2016. Interpretation 2. In this Act, unless the context otherwise requires— “the repealed Act” means the Malaysian Forestry Research and Development Board Act 1985 [Act 319] repealed under subsection 46(1); 8 Laws of Malaysia Act 782 “member of the Institute” means a member of the Institute appointed under section 7 and includes an alternate member appointed under section 9; “research findings” means any result from any research and development activity, and includes discovery, invention, innovation and improvement in any process, apparatus, machine or technique; “forest produce” means— (a) products in the unprocessed or semi-processed form, and include logs, poles, fuelwood, rubberwood, stems and fibres of oil palms and its residues, coconut and other palms, gaharu and other scented wood, gums, damar and oleoresins, wood oils, leaves, rattans, bamboos, seeds, nuts, shoots, roots, mengkuang, medicinal plants, aromatic plants, soils, microorganisms and other similar products of any description whether present or future; (b) products that have undergone processing or whose forms have been altered, and include sawn timber, charcoal, essential oils, wood chips and wood shavings, ground wood, beadings and mouldings, plywood and veneer, particleboards and fibreboards, blockboards, laminboards and other reconstituted wood-based panel products, wood pulp, paper and paper products, glue-laminated timber, tissue cultured plants, chemical and protein extracts, substances or derivatives for production of pharmaceuticals, neutraceuticals, cosmeceuticals and functional food and other processed or altered products that are derived from the products as specified in paragraph (a); and (c) products in the finished form, and include attaps, railway and tramway sleepers of wood, furniture, handicrafts and toys of wood, wooden handles of tools, piles, pickets, and stakes of wood, picture frames of wood, packing cases of wood, household utensils of wood, basketwork, wickerwork and other articles of plaiting, pencils and other finished products that are wholly or partially made from the products as specified in paragraph (a) or (b); “forest-based industries” means all industries engaged in the harvesting, extracting, testing, processing, manufacturing, preservation and seasoning of forest produce, and services related thereto; Forest Research Institute Malaysia 9 “Institute” means the Forest Research Institute of Malaysia which continues to be in existence and with a change of name in the English language to the “Forest Research Institute Malaysia” under section 3; “Director General” means the Director General appointed under section 15; “Fund” means the Forest Research Institute Malaysia Fund established under section 23; “Minister” means the Minister charged with the responsibility for forestry; “forest development” means the management and development policies and activities for all natural and man-made forests based on sound ecological and socio-economic principles for the expressed purposes of both the production of forest produce and the protection of the environment; “conservation” means safeguarding genetic resources, species and ecosystem diversity, as well as sustainable use of biological resources and its equitable sharing of benefits to meet the needs and aspiration of present and future generations; “Chairman” means the Chairman of the Institute appointed under paragraph 7(a) and includes any member of the Institute appointed to perform the function of the Chairman under section 10. Part II THE INSTITUTE AND ITS FUNCTIONS, POWERS, ETC. The Institute established under Malaysian Forestry Research and Development Board Act 1985 3. (1) Notwithstanding the repeal of the Malaysian Forestry Research and Development Board Act 1985 and the dissolution of the Malaysian Forestry Research and Development Board established under the repealed Act by section 46, the Forest Research Institute of Malaysia established by the Malaysian Forestry Research and Development Board under the repealed Act shall continue to be in existence under and subject to the provisions of this Act and with a change of name in the English language to the “Forest Research Institute Malaysia”. 10 Laws of Malaysia Act 782 (2) The change of name under subsection (1) shall not affect the identity of the Institute or any rights or obligations of the Institute or render defective any legal proceedings by or against the Institute, and any legal proceedings that might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name. (3) The Institute shall be a body corporate and have perpetual succession and a common seal, and may sue and be sued in its corporate name. (4) The provisions of the Schedule shall apply to the Institute. (5) The Minister may amend the provisions of the Schedule by order published in the Gazette. Functions of the Institute 4. The functions of the Institute shall be— (a) to implement policies on research and development programmes to ensure the growth and sustainability of the forest and forest-based industries; (b) to conduct and promote research on the multiple roles and functions of forests, including watershed, biotechnology, biodiversity and its sustainable use, conservation, ecotourism, greening of areas, effects of pollutants and climate change, appropriate for a rational and holistic approach to the sustainable and environmentally sound forest development; (c) to promote, stimulate, facilitate, undertake and commercialize research findings in order to develop and utilize effectively such research findings in the interest of development of forest-based industries; (d) to conduct and promote research on forest development including the production, extraction, processing, storage, transportation and utilization of forest produce, and other fields appropriate to the continued development of the forestry sector and the conservation of the resource base; Forest Research Institute Malaysia 11 (e) to secure, where the public interest or the interest of forest development and forest-based industries so require, the development and advancement of research findings which appear to the Institute not to have been developed or explored or sufficiently developed or explored; (f) to control, co-ordinate and monitor the activities of any person undertaking research and development programmes and any other programmes, schemes, projects and activities financed wholly or mainly from the Fund; (g) to provide technical, advisory, consultancy and any other services in relation to forest and forest-based industries to any government, body or organization within or outside Malaysia; (h) to administer and manage the Fund; (i) to collect, collate and disseminate information relating to research findings, forest development, forest produce and its utilization by way of publishing or sponsoring the publication of periodicals, journals, books, booklets and any other means available; (j) to provide courses of study and training programmes in the field of forestry or any other related fields, and to take such other actions as may appear necessary or desirable for education; (k) to act as a testing body and a certification body for forest produce upon being accredited as a conformity assessment body under the Standards of Malaysia Act 1996 [Act 549] or being accredited by any other accreditation body outside Malaysia; (l) to liaise, co-ordinate and collaborate with the Federal Government, any State Government or any body or organization in research and development programmes in the interest of the forest and forest-based industries including being members of any body or organization within and outside Malaysia; and 12 Laws of Malaysia Act 782 (m) to do such other things as the Institute thinks fit to enable it to perform its functions effectively or which are