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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
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MALAYSIAN AGRICULTURAL
RESEARCH AND DEVELOPMENT
INSTITUTE ACT 1969
PREVIOUS REPRINTS
First Reprint … … … … … 1992
Second Reprint … … … … … 1999
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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
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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
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LAWS OF MALAYSIA
Act 11
MALAYSIAN AGRICULTURAL
RESEARCH AND DEVELOPMENT
INSTITUTE ACT 1969
P ART I
PRELIMINARY
Short title
Interpretation
2. In this Act—
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PART II
THE INSTITUTE
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(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).
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PART III
THE BOARD
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Alternate members
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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.
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.
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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.
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P ART IV
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(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;
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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.
Minutes
13. Subject to the provisions of this Act and any rules made
thereunder, the Scientific Council may determine its own
procedure.
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PART V
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.
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;
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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,
P ART VI
SUPPLEMENTAL
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
Cesses
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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—
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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.
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SCHEDULE
[Section 6]
1. The Board shall meet at least four times each year and shall, in addition, meet as
and when convened by the Chairman.
Quorum
3. Minutes shall be kept of all proceedings of the Board and copies thereof shall be
submitted to the Minister.
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.
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
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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.
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LAWS OF MALAYSIA
Act 11
MALAYSIAN AGRICULTURAL
RESEARCH AND DEVELOPMENT
INSTITUTE ACT 1969
LIST OF AMENDMENTS
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LAWS OF MALAYSIA
Act 11
MALAYSIAN AGRICULTURAL
RESEARCH AND DEVELOPMENT
INSTITUTE ACT 1969
P.U.(A)206/2004 27-03-2004
P.U.(A)206/2004 27-03-2004
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P.U.(A)206/2004 27-03-2004
P.U.(A)206/2004 27-03-2004
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