MALAYSIAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT 1969

011e [A1160].fm Page 1 Monday, March 27, 2006 11:29 AM LAWS OF MALAYSIA REPRINT Act 11 MALAYSIAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT 1969 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION , MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD 2006 011e [A1160].fm Page 2 Monday, March 27, 2006 11:29 AM 2 MALAYSIAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT 1969 Date of Royal Assent … … … … … 22 April 1969 Date of publication in the Gazette … … … 1 May 1969 PREVIOUS REPRINTS First Reprint … … … … … 1992 Second Reprint … … … … … 1999 PREPARED FOR PUBLICATION BY MALAYAN LAW JOURNAL SDN BHD AND PRINTED BY PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 011e [A1160].fm Page 3 Monday, March 27, 2006 11:29 AM Malaysian Agricultural Research and Development Institute LAWS OF MALAYSIA Act 11 MALAYSIAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT 1969 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II THE INSTITUTE 3. The Institute and its functions 4. Director General and Deputy Directors General of the Institute PART III THE BOARD 5. The Governing Board 5A. Alternate members 6. Functions of the Board 6A. Power to enter into equity participation or joint venture 6B. Additional powers of the Board 7. Appointments of officers and servants of the Institute 7A. Discipline of officers and servants 7B. Establishment of Disciplinary Appeal Board 7C. Termination in the public interest 3 011e [A1160].fm Page 4 Monday, March 27, 2006 11:29 AM 4 Laws of Malaysia A CT 11 PART IV THE SCIENTIFIC COUNCIL Section 8. The Scientific Council 9. Functions of the Scientific Council 10. Meetings of the Scientific Council 11. Decision of the Scientific Council 12. Minutes 13. Procedure of Scientific Council PART V THE FUND AND ACCOUNTS 14. The Fund 15. Statutory Bodies (Accounts and Annual Reports) Act 1980 16. (Deleted) 17. (Deleted) 17A. Surcharge PART VI SUPPLEMENTAL 18. Powers of Board to borrow 19. Investments 20. Cesses 21. (Deleted) 21A. Remuneration or allowance 22. Protection against liability of members of Board and Scientific Council 23. Property in research findings 23A. Access to research findings and facilities 23B. Power to charge fees 24. Directions of Minister 25. Rules 25A. Power to make disciplinary regulations SCHEDULE 011e [A1160].fm Page 5 Monday, March 27, 2006 11:29 AM 5 LAWS OF MALAYSIA Act 11 MALAYSIAN AGRICULTURAL RESEARCH AND DEVELOPMENT INSTITUTE ACT 1969 An Act to establish the Malaysian Agricultural Research and Development Institute and for matters connected with it. [Throughout Malaysia—2 May 1969] 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 1. This Act may be cited as the Malaysian Agricultural Research and Development Institute Act 1969. Interpretation 2. In this Act— “Director General” and “Deputy Director General” means the Director General of the Institute and any of the Deputy Directors General of the Institute appointed under subsection 4(1); “Minister” means the Minister charged with the responsibility for Agriculture and Agro-based Industry; “mixed farming” means a system of farming involving all crops (except cocoa), livestock and fisheries in an integrated manner. 011e [A1160].fm Page 6 Monday, March 27, 2006 11:29 AM 6 Laws of Malaysia A CT 11 PART II THE INSTITUTE The Institute and its functions 3. The Malaysian Agricultural Research and Development Institute or MARDI (hereinafter referred to as the “Institute”) is established whose functions shall be— (a) to conduct scientific, technical, economic and sociological research with respect to— (i) the production, utilization and processing of all crops (except rubber, oil palm and cocoa), livestock and food; and (ii) mixed farming; (b) to serve as a centre for the collection and dissemination of information and advice on scientific, technical and economic matters concerning agricultural industry, through whatever methods including the publication of reports, periodicals and papers relating thereto, and organizing of exhibitions, conferences, lectures and seminars; (c) to act as a centre which provides specialist services in the agricultural industry, agro-based industry and food industry, such as consultation services, analytical laboratory services, quality assurance and contract research and development services; (d) to provide training in whatever manner for the development of the agricultural industry, agro-based industry and food industry; (e) to provide grants in aid for the purpose of pure and applied scientific, technical and economic research and development concerning agricultural industry; (f) to maintain liaison with other organizations, both public and private, indigenous and foreign which are engaged in scientific, technical and economic and 011e [A1160].fm Page 7 Monday, March 27, 2006 11:29 AM Malaysian Agricultural Research and Development Institute 7 sociological research concerning the agricultural industry; (g) to conduct commercial research and production; (h) to develop, promote and exploit research findings; and (i) to provide extension services to the agricultural industry, agro-based industry and food industry. Director General and Deputy Directors General of the Institute 4. (1) For purposes of this Act there shall be a Director General of the Institute and such number of Deputy Directors General as may be necessary, to be appointed by the Minister. (2) The Director General and Deputy Directors General shall each be appointed for such period as may be specified in the letter of appointment and shall be eligible for reappointment. (3) The Director General and Deputy Directors General shall be appointed on such terms and conditions as may be provided for in their respective letters of appointment. (4) The Minister may at any time revoke any appointment made under subsection (1); and any person so appointed may at any time resign from office. (5) The Director General shall be the Chief Executive officer of the Institute and shall be assisted by the Deputy Directors General in the carrying out of his powers and duties relating to the administrative and technical functions of the Institute; provided however, the Board as hereinafter established may prescribe other powers and duties of the Director General and Deputy Directors General as it thinks fit. (6) If during any period the Director General for any reason is unable to perform the functions of his office or, if the office of the Director General falls vacant, the Minister shall appoint one Deputy Director General to exercise the powers and perform the duties of the Director General until a new Director General is appointed under subsection (1). 011e [A1160].fm Page 8 Monday, March 27, 2006 11:29 AM 8 Laws of Malaysia A CT 11 PART III THE BOARD The Governing Board 5. (1) For the purpose of administering the Institute the Malaysian Agricultural Research and Development Institute Governing Board (in this Act referred as “the Board”) is established which shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its name, and subject to and for the purposes of this Act may enter into contracts and shall have power to acquire and hold property of every description, moveable, immoveable and intangible, and to 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 and Agro-based Industry; (c) a representative of the Ministry of Finance; (d) a representative of the Ministry of Plantation Industries and Commodities; (e) a representative of the Economic Planning Unit of the Prime Minister’s Department; (f) a representative from the Ministry responsible for Science, Technology and Environment; (g) not more than five members with experience in agricultural research, agricultural development, agricultural industry, agro-based industry and food industry. (3) The members of the Board shall be appointed for such period as may be specified in their letters of appointment by the Minister and shall, unless he sooner resigns his office or his appointment revoked or his office otherwise becomes vacant, be eligible for reappointment. 011e [A1160].fm Page 9 Monday, March 27, 2006 11:29 AM Malaysian Agricultural Research and Development Institute 9 (4) If owing to illness or any other cause whatsoever the Chairman is unable to perform his function, the Board shall elect among 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 the Board 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 any reason unable to attend. (2) When attending meetings of the Board, an alternate member shall for all purposes be deemed to be a member of the Board. (3) An alternate member shall, unless he sooner resigns or his appointment is sooner revoked, cease to be an alternate member if the member in respect of whom he is an alternate ceases to be a member of the Board. Functions of the Board 6. (1) Without prejudice to subsection 5(1) the Board shall have, in addition, the following functions— (a) subject to the direction of the Minister, to determine the 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 the administration and operation of the Institute; (d) to issue administrative rules relating to the day-to-day administration of the Institute; (e) to determine and allocate grant-in-aid for research to be conducted by other organizations or agencies; and 011e [A1160].fm Page 10 Monday, March 27, 2006 11:29 AM 10 Laws of Malaysia (f) A CT 11 to approve the selection of recipient of scholarship and issue award or travel grant to be financed by the Institute. (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 the concurrence 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, advantageous or convenient for or in connection with the discharge of the functions of the Institute. Additional powers of the Board 6B. (1) The Board may, with the approval of the Minister and the concurrence of the Minister of Finance— (a) carry on any activity which is commercial in nature and 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 Companies Act 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 discharge of the functions of the Institute. (2) The Memorandum of Association of a company incorporated under paragraph (1)(b) shall be as appro