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Timbangtara Asing 1985 Rubber Statutory Bodies Act 1985

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Act 321

RUBBER STATUTORY BODIES

ACT 1985

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

PERCETAKAN NASIONAL MALAYSIA BHD

2006

2 Laws of Malaysia ACT 321

RUBBER STATUTORY BODIES ACT 1985

Date of Royal Assent ... ... ... ... ... 6 September 1985 Date of publication in the Gazette ... ...... 12 September 1985 PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

Rubber Statutory Bodies 3

LAWS OF MALAYSIA

Act 321

RUBBER STATUTORY BODIES ACT 1985

ARRANGEMENT OF SECTIONS

Section

1. Short title and commencement

2. Amendments

3. Commencement of certain amendments

4. Reference to Malayan Rubber Fund (Research and Development) Ordinance 1958 to be substituted by reference to Malaysian Rubber Research and Development Fund Ordinance 1958

5. Construction of section 3 of Rubber Research Institute of Malaya (Extension and Amendment) Act 1972

SCHEDULE

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Rubber Statutory Bodies 5

LAWS OF MALAYSIA

Act 321

RUBBER STATUTORY BODIES ACT 1985

An Act to amend the Malayan Rubber Fund (Research and Development) Ordinance 1958* and the Rubber Research Institute of Malaysia Act 1966 **and to provide for matters connected therewith.

[10 October 1985, P.U. (B) 473/1985]

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:

Short title and commencement

1. This Act may be cited as the Rubber Statutory Bodies Act 1985 and shall, subject to sections 3, 4 and 5, come into force on such date as the minister may by notification in the Gazette appoint. Amendments

2. The Malayan Rubber Fund (Research and Development) Ordinance 1958 [Ord. 71 of 1958] *and the Rubber Research Institute of Malaysia Act 1966 [Act 16 of 1966] **are amended as specified in Parts A and B respectively of the Schedule. Commencement of certain amendments

3. (1) The amendments to the long title, section 1, 7 and parts of sections 15 and 16 (relating to the substitution of the word "Malaysia" for the words "the Federation") of the Malayan Rubber Fund (Research and Development) Ordinance 1958 as specified in Part A of the Schedule shall be deemed to have come into force on 1 September 1973.

*NOTE--The Malayan Rubber Fund (Research and Development) Ordinance 1958 [Ord. 71 of 1958] has been revised as the Malaysian Rubber Research and Development Fund Act 1958 [Act 401]. Act 401 has been repealed by the Malaysian Rubber Board (Incorporation) Act 1966 [Act 551] w.e.f. 1 January 1998.

**NOTE--This Act has been repealed by the Malaysian Rubber Board (Incorporation) Act 1996 [Act 551] w.e.f. 1 January 1998.

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(2) The amendment to section 15 of the Malayan Rubber Fund (Research and Development) Ordinance 1958 relating to the insertion of subparagraph (ii) after subparagraph (i) of that section shall be deemed to have come into force on 1 January 1974. Reference to Malayan Rubber Fund (Research and Development) Ordinance 1958 to be substituted by reference to Malaysian Rubber Research and Development Fund Ordinance 1958

4. Upon the publication of this Act in the Gazette, any reference in any written law or document on or after 1 September 1973 to the Malayan Rubber Fund (Research and Development) Ordinance 1958 shall be substituted by a reference to the Malaysian Rubber Research and Development Fund Ordinance 1958.

Construction of section 3 of Rubber Research Institute of Malaya (Extension and Amendment) Act 1972

5. For the avoidance of doubt it is declared that section 3 of the Rubber Research Institute of Malaya (Extension and Amendment) Act 1972 [Act A141] shall be construed as also being applicable in respect of the short title of the Rubber Research Institute of Malaya Act 1966 and that any reference in any written law or document on or after 1 September 1973 to the Rubber Research Institute of Malaya Act 1966 by its short title shall accordingly be substituted by a reference to the Rubber Research Institute of Malaysia Act 1966.

Rubber Statutory Bodies 7

SCHEDULE

[Section 2]

PART A

MALAYAN RUBBER FUND (RESEARCH AND DEVELOPMENT)

ORDINANCE 1958

Provision of Nature of Amendment

Ordinance

Long title Substitute for the words "the Federation" the word "Malaysia".

Section 1 Substitute for the words "Malayan Rubber Fund (Research and Development) Ordinance, 1958" the

words "Malaysian Rubber Research and Development

Fund Ordinance 1958".

Section 3 (a) Substitute for paragraph (4) (e) the following paragraph (e):

"(e) five other members, of whom one each

shall represent the Government of Sabah,

the Government of Sarawak, the Federal

Land Development Authority and the Rubber

Industry Smallholders' Development

Authority:

Provided that the Board shall be deemed

to be duly and properly constituted

notwithstanding that either of the members

who shall represent the Government of Sabah

or the Government of Sarawak has not been

appointed.".

(b) Substitute for subsection (5) the following

subsection (5):

"(5) The Minister may in respect of every member

of the Board other than the Controller appoint an alternate member who may attend meetings of

the Board when the substantive member is

temporarily unable to attend; and when so

attending such alternate member shall be deemed

for all purposes to be a member of the Board.".

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(c) Substitute for subsection (6) the following

subsection (6):

"(6) The members of the Board (other than the

Controller, he being an ex-officio member) and

the alternates of such other members shall hold

office for such period as may be determined by

the Minister and shall be eligible for

re-appointment.".

Section 4 Substitute for subsection (4) the following subsection (4):

"(4) In the absence from any cause of the

Controller from any meeting, the Deputy

Controller shall act as chairman; and in the absence of the Controller and the Deputy Controller from

any meeting, the members of the Board present

shall elect a member to act as chairman.".

Section 6 Insert after subsection (2) the following subsection (3):

"(3) The Board may, with the approval of the

Minister, make regulations in respect of the terms and conditions of service and the discipline of its officers and servants other than the Controller and Deputy Controller.".

Section 7 Substitute for the words "the Federation" in paragraph (1)(b) the word "Malaysia".

Section 11 Insert after subsection (3) the following subsection (4):

"(4) The Minister may make regulations in

respect of the discipline of the Controller and

Deputy Controller.".

Section 15 (a) Substitute for the words "the Federation" in paragraph (d) the word "Malaysia".

(b) Insert after subparagraph (i) the following

subparagraph (ii):

"(ii) as grants to institutions of higher learning in Malaysia which have as one of their

disciplines the teaching and training of

technologists in natural rubber.".

Provision of Nature of Amendment

Ordinance

Rubber Statutory Bodies 9

New section 15A Insert after section 15 the following section 15A: "Power to borrow

15A. The Board may, with the approval of the Minister given after consultation with the Minister charged with responsibility for finance, borrow moneys for the purpose of performing its functions.".

Section 16 (a) Substitute for the words "the Federation" wherever they appear the word "Malaysia".

(b) Substitute for the word "securities" wherever it appears the word "investments".

New section 17A Insert after section 17 the following section 17A: "Statutory Bodies (Accounts and Annual Reports)

Act 1980 to apply

17A. Without prejudice to section 17, the provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply in respect of the

Board.".

PART B

RUBBER RESEARCH INSTITUTE OF MALAYSIA ACT 1966

Provision of Act Nature of Amendment

Section 2 Insert appropriately the following interpretation of "Board":

"Board" means the Board established under

section 4;'.

Section 4 Substitute for subsection (1) the following subsection (1):

"Constitution of the Board

4. (1) There is established a Board of the Institute which shall consist of the following members who, other than the members referred to in paragraphs (a), (b) and (e), shall be appointed by the Minister:

(a) the Controller who shall be Chairman of the

Board;

Provision of Nature of Amendment

Ordinance

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(b) the Director;

(c) a representative from the Ministry of the

Minister charged with responsibility for the

rubber industry;

(d) a representative from the Ministry of the

Minister charged with responsibility for finance; (e) the person for the time being performing the

duties and exercising the functions of the

Director General of Agriculture;

(f) a member representing the Rubber Industry

Smallholders' Development Authority;

(g) three members representing the estate sector

of the rubber industry, from the nominations

of the Malaysian Rubber Producers' Council;

(h) three members representing the smallholder

sector of the rubber industry; and

(i) two other members, one each representing the

Government of Sabah and the Government of

Sarawak:

Provided that the Board shall be deemed to be

duly and properly constituted notwithstanding that either of the members representing the Government of Sabah or the Government of Sarawak has not been appointed.".

Section 6 Insert after subsection (2) the following subsection (2A);

"(2A) The Board may, with the approval of the

Minister, make regulations in respect of the terms and conditions of service and the discipline of its officers and servants other than the Director and Deputy Directors.".

Section 11 Substitute for subsection (2) the following subsection (2):

"(2) The Malaysian Rubber Research and

Development Board may, with the approval of the

Minister, make regulations in respect of the terms and conditions of service and the discipline of the Director and Deputy Directors.".

Provision of Nature of Amendment

Ordinance

Rubber Statutory Bodies 11

Section 12 Insert after subsection (1) the following subsection (1A):

"(1A) Any officer of the Institute or any other

person who exercises the powers and performs

the duties of the Director in any of the circumstances referred to in subsection (1) shall also, during

such period, be a member of the Board.".

New section 15A Insert after section 15 the following section 15A: "Statutory Bodies (Accounts and Annual Reports)

Act 1980 to apply

15A. Notwithstanding section 15, the provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply in respect of the

Board.".

Provision of Nature of Amendment

Ordinance

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LAWS OF MALAYSIA

Act 321

RUBBER STATUTORY BODIES ACT 1985

LIST OF AMENDMENTS

Amending law Short title In force from

­ NIL ­

Rubber Statutory Bodies 13

LAWS OF MALAYSIA

Act 321

RUBBER STATUTORY BODIES ACT 1985

LIST OF SECTIONS AMENDED

Section Amending authority In force from

­ NIL ­

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA

14 Laws of Malaysia ACT 321