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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
Act 11
MALAYSIAN AGRICULTURAL
RESEARCH AND
DEVELOPMENT
INSTITUTE ACT 1969
Incorporating all amendments up to 1 January 2006 011e [A1160].fm Page 1 Monday, March 27, 2006 11:29 AM PREPARED FOR PUBLICATION BY
MALAYAN LAW JOURNAL SDN BHD
AND PRINTED BY
PERCETAKAN NASIONAL MALAYSIA BERHAD
KUALA LUMPUR BRANCH
2006
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
011e [A1160].fm Page 2 Monday, March 27, 2006 11:29 AM Malaysian Agricultural Research
and Development Institute 3
LAWS OF MALAYSIA
Act 11
MALAYSIAN AGRICULTURAL
RESEARCH AND DEVELOPMENT
ARRANGEMENT OF SECTIONS
INSTITUTE ACT 1969
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
011e [A1160].fm Page 3 Monday, March 27, 2006 11:29 AM 4 Laws of Malaysia ACT 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 4 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:
PART 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 5 Monday, March 27, 2006 11:29 AM 6 Laws of Malaysia ACT 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 6 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 7 Monday, March 27, 2006 11:29 AM 8 Laws of Malaysia ACT 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.
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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 9 Monday, March 27, 2006 11:29 AM 10 Laws of Malaysia ACT 11
(f) 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 approved by the Board prior to the incorporation of such company.
(3) Notwithstanding subsection (1), the Board shall not without the 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 assets invested 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 such remuneration 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 implementation of this Act.
Discipline of officers and servants
7A. (1) There shall be a Disciplinary Committee of the Board which shall consist of two members to be elected by and from the members 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 and servant of the Institute other than the Director General shall be the Disciplinary Committee of the Board established under subsection (1).
(3) The disciplinary authority in respect of the Director General shall be the Disciplinary Committee which shall consist of the Secretary General of the Ministry of Agriculture and Agro-based Industry as chairman and two members to be elected by and from the members of the Board.
(4) The Director General shall not be a member of the Disciplinary Committee in any proceedings before it in which he is the complainant; his place shall be taken by a member to be elected by and from the members of the Board.
(5) In the exercise of its disciplinary functions, the Disciplinary Committee shall have the power to impose such disciplinary punishment as may be provided for under any regulations that may be made under section 25A.
(6) The Disciplinary Committee may, subject to subsection (7), delegate any of its disciplinary functions, powers or duties to any 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, and the committee delegated with such functions, powers or duties shall carry out, exercise or discharge them under the direction and control of the Disciplinary Committee which shall have the power 011e [A1160].fm Page 11 Monday, March 27, 2006 11:29 AM 12 Laws of Malaysia ACT 11
to review, rescind or vary any decision or finding of such committee.
(7) No delegation shall be made under subsection (6) so as to enable an officer or servant of the Institute to be a member of a committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank. (8) A decision of the Disciplinary Committee established under subsection (1) shall be appealable to the Disciplinary Appeal Board established under section 7B.
(9) A decision of the Disciplinary Committee established under subsection (3) shall be appealable to the Minister. (10) The Disciplinary Appeal Board or the Minister, may confirm, reverse or vary the decision of the Disciplinary Committee. (11) A decision of the Disciplinary Appeal Board or the Minister under subsection (10) shall be final and conclusive. Establishment of Disciplinary Appeal Board
7B. (1) There shall be a Disciplinary Appeal Board of the Board which shall consist of the following members:
(a) the Chairman of the Board, who shall be the chairman of the Disciplinary Appeal Board and shall have a casting vote; and
(b) three members of the Board, not being members of the Disciplinary Committee whose decision is the subject matter of the appeal, to be appointed by the chairman of the Disciplinary Appeal Board with the approval of the Board for the purpose of the appeal.
(2) When the Disciplinary Appeal Board considers an appeal made under section 7A, a member of the Disciplinary Committee against whose decision the appeal is made who is also a member of the Board shall not be present or in any way participate in any proceedings relating to the appeal.
Termination in the public interest
7C. (1) Where the Board finds or where representations are made to the Board that it is desirable that the service of an officer 011e [A1160].fm Page 12 Monday, March 27, 2006 11:29 AM Malaysian Agricultural Research
and Development Institute 13
or a servant be terminated in the public interest, the Board may call for a full report from the superior officer of the officer or servant against whom the representations are made which shall contain 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 Board may terminate the service of the officer or servant with effect from such date as the Board shall specify.
(3) It shall be lawful for the appropriate Disciplinary Committee to recommend to the Board that the service of an officer or a servant be terminated in the public interest notwithstanding that disciplinary proceedings have not been carried out under this Act and the Board may so terminate the service of the officer or servant.
(4) Notwithstanding anything in this Act and any other law to the contrary, in terminating the service of an officer or servant in the public interest under this section, the officer or servant may not be given any opportunity of being heard and an officer or a servant whose service has been terminated in the public interest under 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 with conduct in relation to his office which the Board regards as unsatisfactory or blameworthy.
PART IV
THE SCIENTIFIC COUNCIL
The Scientific Council
8. (1) For the purpose of ensuring maximum quality and effectiveness of the technical programmes of the Institute, the Malaysian Agricultural Research and Development Institute Scientific Council (hereinafter referred to as the "Scientific Council") is established.
011e [A1160].fm Page 13 Monday, March 27, 2006 11:29 AM 14 Laws of Malaysia ACT 11
(2) The Scientific Council shall consist of the following members 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 and Agro-based Industry;
(d) a representative from the Ministry of Plantation Industries and Commodities;
(e) not more than six persons from the agricultural industry, agro-based industry and food industry, who in the opinion of the Minister, are able to contribute to the due and proper functioning of the Scientific Council; (f) two persons from such public higher educational institutions in Malaysia as may be determined by the Minister; and
(g) a representative from the finance or investment sector. (3) If owing to illness or any other cause whatsoever the chairman is unable to perform his function, the Council shall elect among the members an acting chairman who shall exercise the 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 he sooner resigns from his office or his appointment revoked or his office otherwise becomes vacant, hold office for such period as may be specified in his letter of appointment and shall be eligible for reappointment.
Functions of the Scientific Council
9. Without prejudice to subsection 8(1), the Scientific Council shall have, in addition, the following functions-- (a) to advise on the formulation of and review the research programmes of the Institute;
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and Development Institute 15
(b) to advise on priorities for the research and development programmes of the Institute to ensure maximum
quality and effectiveness;
(c) to maintain liaison with external organizations, both in the public and private sectors, and to maintain contact with agricultural research needs;
(d) to furnish guidance in the development or research facilities 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 the Chairman of the Scientific Council or the Executive Secretary. Decision of the Scientific Council
11. A decision of the Scientific Council shall be decided by the majority of votes of the members present and voting. Minutes
12. Records of the proceedings of all meetings of the Scientific Council shall be kept by the Institute and copies thereof shall be submitted to the Board.
Procedure of Scientific Council
13. Subject to the provisions of this Act and any rules made thereunder, the Scientific Council may determine its own procedure.
011e [A1160].fm Page 15 Monday, March 27, 2006 11:29 AM 16 Laws of Malaysia ACT 11
PART V
THE FUND AND ACCOUNTS
The Fund
14. For the purposes of this Act there shall be established the Malaysian 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 the Institute 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 to the administration of the Institute, the Board and the Scientific 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 servants of the Institute with the approval of the Minister. Statutory Bodies (Accounts and Annual Reports) Act 1980
15. The Statutory Bodies (Accounts and Annual Reports) Act 1980 [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 was in the employment of the Institute--
(a) has failed to collect any moneys owing to the Institute for the collection of which he is responsible;
011e [A1160].fm Page 16 Monday, March 27, 2006 11:29 AM Malaysian Agricultural Research
and Development Institute 17
(b) is or was responsible for any payment from the Fund of 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 any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the Institute;
(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 responsible for any delay in the payment, or moneys from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into
between that person and the Institute,
the Board shall serve on him a written notice calling on him to show cause why he should not be surcharged, and if a satisfactory explanation is not, within fourteen days from the date of service of the notice as aforesaid, furnished to the Board with regard to the failure to collect payment which ought not to have been made, payment not duly vouched, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Board may surcharge against the said person a sum not exceeding the amount of any such amount not 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 delay in 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 be notified of any surcharge made under subsection (1) and the Director General shall thereupon notify the person surcharged. (3) The Board may at any time withdraw any surcharge in respect 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 be notified 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 the Institute from the person against whom the surcharge is made and 011e [A1160].fm Page 17 Monday, March 27, 2006 11:29 AM 18 Laws of Malaysia ACT 11
may be sued for and recovered in any court at the suit of the Institute and may also be recovered by deduction-- (a) from the salary of the person surcharged if the Board so directs; or
(b) from the pension of the person surcharged if the Board so directs,
by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, of the person.
PART VI
SUPPLEMENTAL
Powers of Board to borrow
18. The Board may, with the approval of the Minister and the concurrence of the Minister of Finance, from time to time borrow or secure the payment of any money required by it for the proper carrying out of its functions under this Act.
Investments
19. The assets of the Institute may be invested by the Board in investments for the time being authorized by law for the investment of trust fund:
Provided that the Board shall not make any investment in securities issued or registered or other properties situated outside Malaysia except with the approval of the Minister of Finance. Cesses
20. Notwithstanding any written law relating to the imports and exports of agricultural products, the Minister of Finance may, for the purposes of this Act, and after consultation with the Minister impose special cesses on such agricultural products as he may think fit for the purposes of agricultural research.
21. (Deleted by Act 478). 011e [A1160].fm Page 18 Monday, March 27, 2006 11:29 AM Malaysian Agricultural Research
and Development Institute 19
Remuneration or allowance
21A. There may be paid to members of the Board, the Scientific Council, the committees or any other person (not being an officer or servant of the Board who is within the ambit of the provisions of this Act relating to the terms and conditions of service applicable to his case) such remuneration or allowance as the Minister may determine.
Protection against liability of members of Board and Scientific Council
22. No member of the Board or of the Scientific Council shall incur any personal liability for any loss or damage caused by any act or omission in the management or conduct of the affairs of the Institute, 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 programme undertaken by the Institute that is funded entirely by grants made to the Institute by the Federal Government or any State Government shall vest in the Board.
(2) The property in every research finding or every programme undertaken by the Institute that is funded by a private enterprise or organization shall vest in the Board and such private enterprise or 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, restrictions and limitations as it may determine, allow any person access to the research findings and facilities of the Institute. (2) For the purposes of this section, "facilities" includes equipment, laboratory, experimental plot, data base and germplasm collection.
011e [A1160].fm Page 19 Monday, March 27, 2006 11:29 AM 20 Laws of Malaysia ACT 11
Power to charge fees
23B. The Board may impose fees, royalties or any other charges as it thinks fit for any research, investigation, test, training, advice or 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 directions to the Board not inconsistent with the provisions of this Act; and the Board shall give effect to such directions.
Rules
25. The Board may, with the approval of the Minister, and in respect of paragraphs (a) and (b) subject to the concurrence of the Minister of Finance make rules for all or any of the following matters--
(a) the determination of salary scales and terms and conditions of employment of the officers and servants of the Institute, including the provisions of loans to such officers and servants;
(b) the establishment and management of a contributory provident fund for the officers and servants of the Institute or for payment of pensions, allowances or gratuities to the said officers and servants on
retirement or otherwise ceasing to hold office;
(c) the principles and procedures with respect to appointment, promotions and termination of appointments in the Institute, exclusive of the Director General and Deputy Directors 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 this Act.
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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 servants of the Institute.
(2) The disciplinary regulations made by the Board under this section may include provisions for the interdiction with reduction in salary or in other remuneration, or provisions for the suspension 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 shall create such disciplinary offences and provide for such disciplinary punishments as the Board may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank.
(4) The disciplinary regulations made under this section shall, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for the person against whom disciplinary proceedings are taken to make representations against the disciplinary 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 is dismissed or reduced in rank on the ground of conduct in respect of which a criminal charge has been proved against him;
(b) where the Board, on the recommendations of the Minister charged with the responsibility for home affairs, is satisfied that in the interest of the security of Malaysia or any part thereof it is not expedient to carry out the requirements of this subsection; or (c) where there has been made against an officer or a servant of the Insitute any order of detention,
supervision, restricted residence, banishment or
deportation, or where there has been imposed on an officer 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 011e [A1160].fm Page 21 Monday, March 27, 2006 11:29 AM 22 Laws of Malaysia ACT 11
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 the decision of the Disciplinary Committee.
(6) For the purpose of this section, "officer" includes the Director General.
SCHEDULE
[Section 6]
Meetings of the Board
1. The Board shall meet at least four times each year and shall, in addition, meet as and 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 be submitted to the Minister.
Seal of the Board
4. The seal of the Board shall be kept in the custody of the Director General or such other person as may be authorized by the Board, and shall be authenticated by the Director General or such authorized person and an officer authorized by either of them in writing; and all deeds, documents and other instruments purporting to be sealed with such seal, authenticated as specified in this paragraph, shall, until the contrary 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 011e [A1160].fm Page 22 Monday, March 27, 2006 11:29 AM Malaysian Agricultural Research
and Development Institute 23
so appointed shall include not less than one member of the Board, and there may be appointed to such committee such other persons as the Board may think fit. (2) Any committee so appointed shall conform to any instructions from time to time given to it by the Board, and the Board may at any time discontinue or alter the constitution of any committee so appointed.
(3) The Board or the committee, respectively, may invite any person who, in its opinion, is possessed of special knowledge of advantage to it, to attend any meeting of the Board or the committee and the person so invited shall not be entitled to vote at any such meeting.
Powers to request
7. The Board may require any person to submit any information which, in the opinion of the Board is necessary for the discharge of its functions under this Act. 011e [A1160].fm Page 23 Monday, March 27, 2006 11:29 AM 24
LAWS OF MALAYSIA
Act 11
MALAYSIAN AGRICULTURAL
RESEARCH AND DEVELOPMENT
INSTITUTE ACT 1969
LIST OF AMENDMENTS
Amending law Short title In force from
Act A203 Malaysian Agricultural Research
and Development Institute
(Amendment) Act 1973
22-06-1973
Act A374 Malaysian Agricultural Research
and Development Institute
(Amendment) Act 1977
18-03-1977
Act 218 Palm Oil Research and Development
Act 1979
15-05-1979
Act 343 Malaysian Cocoa Board
(Incorporation) Act 1988
01-02-1989
except ss. 25 & 26.
See
P.U.(B)59/1989
Act A757 Malaysian Agricultural Research
and Development Institute
(Amendment) Act 1990
01-08-1990
Act A785 Malaysian Agricultural Research
and Development Institute
(Amendment) Act 1990
31-08-1990
Act 478 Revocation of Exemption From
Payment of Stamp Duties Act
1992
21-02-1992
011e [A1160].fm Page 24 Monday, March 27, 2006 11:29 AM Malaysian Agricultural Research
and Development Institute 25
Act A1054 Malaysian Agricultural Research
and Development Institute
(Amendment) Act 1999
01-09-1999
Act A1103 Malaysian Cocoa Board
(Incorporation) (Amendment) Act
2001
01-09-2001
Act A1160 Malaysian Agricultural Research
and Development Institute
(Amendment) Act 2002
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
011e [A1160].fm Page 25 Monday, March 27, 2006 11:29 AM 26
LAWS OF MALAYSIA
Act 11
MALAYSIAN AGRICULTURAL
RESEARCH 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 22-06-1973
Act 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
011e [A1160].fm Page 26 Monday, March 27, 2006 11:29 AM Malaysian Agricultural Research
and Development Institute 27
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
17A Act A757 01-08-1990
18 Act A1160 01-11-2002
21 Act 478 21-02-1992
21A Act A785 31-08-1990
23 Act A1160 01-11-2002
Section Amending authority In force from
011e [A1160].fm Page 27 Monday, March 27, 2006 11:29 AM 28 Laws of Malaysia ACT 11
23A Act A1160 01-11-2002
23B Act A1160 01-11-2002
25A 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 the
Act
Act A374 18-03-1977
Act A1160 01-11-2002
Section Amending authority In force from
011e [A1160].fm Page 28 Monday, March 27, 2006 11:29 AM
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