MALAYSIAN TIMBER INDUSTRY BOARD (INCORPORATION) ACT 1973
(1) This Act may be cited as the Malaysian Timber Industry Board (Incorporation) Act 1973 and shall apply throughout Malaysia .
(2) Subject to subsection (3), this Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette .
(3) The Minister may appoint different dates for the coming into operation of this Act, or of different provisions of this Act, in West Malaysia, the State of Sabah and the State of Sarawak respectively.
In this Act, unless the context otherwise requires -
"appointed day" means the day on which this Act, or, if different dates are appointed for the coming into operation of different provisions of this Act, the day on which Part VI, comes into operation;
"Board" means the Malaysian Timber Industry Board established under section 3;
"Chairman" means the Chairman of the Board appointed under section 4;
"Director General" means the Director General appointed under section 9 and includes the Deputy Director General;
"exporter" means a person who exports timber;
"Fund" means the Malaysian Timber Industry Board Fund established under section 19;
(1) There shall be established a body corporate by the name of "Malaysian Timber Industry Board" which shall have perpetual succession and a common seal and power to acquire and hold movable and immovable property and to dispose thereof or otherwise deal therewith, and which may sue and be sued in its corporate name.
(2) The Second Schedule shall apply to the Board.
(1) The Board shall consist of the following members who shall be appointed by the Minister -
(a) a Chairman;
(b) a representative of Ministry responsible for the timber industry;
(c) a representative of the Ministry of International Trade and Industry;
(d) a representative of the Forestry Department, Peninsular Malaysia;
(e) a representative of the Forest Research Institute of Malaysia;
(f) one representative of each of not more than five of such States as the Minister may determine;
(g) representatives of recognized associations to be appointed as provided in section 5; and
(h) not more than two persons who in the opinion of the Minister are able to contribute to the development of the Malaysian timber industry.
(2) The terms and conditions of the appointment of the Chairman, and hi
(1) Each recognized association is entitled to be represented on the Board by the number of persons shown against its name in the Third Schedule, to be appointed by the Minister.
(2) (Repealed by Act A776).
[Am. Act A776]
Each member of the Board shall, unless he sooner resigns his membership or his appointment is sooner revoked, hold office for a period not exceeding two years, but shall be eligible for reappointment.
[Ins. Act A776]
(1) Subject to subsection (2), the Minister may from time to time, after consulting the Board, amend the Third Schedule.
(2) No association, body or organization shall be added to, or allowed to remain in, the Third Schedule unless its rules -
(a) have been approved by the Minister;
(b) contain nothing prejudicial to the general interests of the timber industry; and
(c) permit the admission as its member of every person whom it is intended to represent and who applies for admission and undertakes to comply with its rules.
(3) If a recognized association amends its rules so as to affect its membership, it shall lodge a copy of the amendment with the Minister within fourteen days of the making thereof.
(1) Subject to subsection (4) the Minister may, in respect of each member appointed under section 4 (1) (b) to (g) , appoint two persons to be alternate members to attend in place of that member, meetings of the Board that that member is for any reason unable to attend.
(2) Only one alternate member may attend meetings of the Board at any one time in place of the member whom he is alternate to.
(3) When attending meetings of the Board an alternate member shall for all purposes be deemed to be a member of the Board.
(4) An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member whom he is alternate to ceases to be a member of the Board.
[Am. Act A776]
(1) The Minister may appoint any member of the Board to exercise the functions of the Chairman during the period in which the Chairman is for any reason unable to exercise his functions or during the period of any vacancy in the office of the Chairman, and such member shall, during the period in which he is exercising the functions of the Chairman under this subsection, be deemed to be the Chairman.
(2) Until an appointment is made under subsection (1) or in default of such appointment or in the absence of the Chairman from any meeting of the Board, the representative appointed under section 4 (1) (b) shall exercise the functions of and be deemed to be the Chairman.
(3) Should the representative appointed under section 4 (1) (b) be for any reason unable to act under subsection (2), the representative appointed under section 4 (1) (d) shall exercise the functions of and be deemed to be the Chairman.
(1) The Minister shall appoint a Director General of the Board on such terms and conditions and for such specified period as he may determine.
(2) The Board may, on such terms and conditions, appoint a Deputy Director General of the Board and such number of other officers and servants of the Board, including Quality Control Inspectors, as it considers necessary and expedient for the exercise of its functions.
(3) The appointment of the Director General, the Deputy Director General and the Quality Control Inspectors shall be published in the Gazette .
[Sub. Act A776]
The Board may from time to time with the approval of the Minister and the concurrence of the Minister of Finance, after consultation with the Director General of Public Services, make regulations to provide for any scheme of service for its officers and servants, including the terms and conditions of service and the salaries, any pension scheme, and any scheme relating to allowances and other remunerations payable to its officers and servants.
[Ins. Act A776]
(1) The Director General shall be the chief executive officer of the Board and shall have all the powers and duties necessary for carrying out the administration and technical functions of the Board.
(2) The powers and duties referred to in subsection (1) shall be in addition to any power or duty conferred or imposed on the Director General by the Board or by this Act and any regulation made thereunder.
(3) The Director General shall -
(a) submit for the approval of the Board -
(i) an annual programme of activities of the Board; and
(ii) the estimate of expenditure necessary to carry out the activities of the Board;
(b) ensure that the approved programme is duly implemented and that the expenditure of carrying out the approved programme as well as for the administration of the Board is in accordance with the estimates approved by the Board; and
All members, officers and servants of the Board shall be deemed to be public servants within the meaning of the Penal Code (F.M.S. Cap. 45).
The Board shall have a principal office in the Federation at such place as the Board may determine, and may establish such other branch offices as the Board may deem desirable.
(1) The functions of the Board are -
(a) to regulate and control the trade in, and the marketing and distribution of, timber;
(b) to promote and improve the trade in, and markets for, timber;
(bb) to co-ordinate activities for effective marketing and shipping of timber;
(c) to encourage effective utilization of timber with emphasis on product diversification and to promote improvement and economy in the methods of processing timber;
(d) to provide technical advisory services and training required to assist in the development of existing timber industries and the establishment of new industries;
(e) to assist the timber industries in the marketing of timber;
(f) to organize and assist in the consolidation of the smallscale timber industries and the closer integration of the activities of the timber industries generally, so
13 PART III REGULATION OF THE TIMBER INDUSTRY-13. Prohibition and penalty.
(1) No person shall export timber or carry on business as an exporter unless he is registered under this Act as an exporter.
(2) No person shall carry on business as a jetty operator unless he is registered under this Act as a jetty operator.
(3) No person shall carry on the business of grading timber unless he is a registered grader.
(4) No person shall carry on business as a supplier or timber processor, for the purpose of export trade, unless he is registered under this Act.
(5) & (6) (Repealed by Act A776)
(7) Any person who contravenes any of the provisions of this section is guilty of an offence and is liable on conviction to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
[Am. Act A776]
13A PART III REGULATION OF THE TIMBER INDUSTRY-13A. Exemption.
The Minister may, in the interest of the timber industry and by order published in the Gazette , exempt any person from the requirement of registration under section 13.
[Ins. Act A776]
14 PART III REGULATION OF THE TIMBER INDUSTRY-14. Registration.
(1) Any person who desires to export timber or carry on business as an exporter or a jetty operator, any grader who desires to carry on the business of grading timber or any person who desires to carry on business as a supplier or timber processor may, in such manner as may be prescribed, apply to the Board for registration.
(2) The Board may, on payment of such fee as may be prescribed, register an applicant under subsection (1) as an exporter, jetty operator, registered grader, supplier or timber processor as the case may be, subject to such conditions and restrictions as the Board may deem fit to impose.
(3) Every registration under this section shall be valid for a period, of one year, or for such longer period but not exceeding five years as the Board may determine, from the date of registration and shall be renewable, unless sooner cancelled under section 17, at the discretion of the Board for such further period of not less than
14A PART III REGULATION OF THE TIMBER INDUSTRY-14A. Power to vary conditions or restrictions of registration.
(1) The Board shall have the power to vary any condition or restriction imposed on any registration under section 14 (2):
Provided that the Board shall not vary any condition or restriction of the registration unless a reasonable notice and an opportunity of being heard on any objection as to the intended variation has been given to a registered person likely to be affected by such variation.
(2) The Board may, upon hearing any objection under subsection (1), dismiss the objection if it considers it of no merit and shall proceed to vary the condition or restriction of registration as intended.
(3) If a registered person is dissatisfied with the decision of the Board under subsection (2), he may appeal to the Minister within thirty days of the date the decision was communicated to him and the decision of the Minister shall be final and binding.
(4) No variation of any condition or restriction of registration made pursuant
15 PART III REGULATION OF THE TIMBER INDUSTRY-15. Register.
The Board shall keep or cause to be kept a register of exporters, jetty operators, registered graders, suppliers and timber processors in such manner as it may determine.
[Sub. Act A776]
16 PART III REGULATION OF THE TIMBER INDUSTRY-16. Power to refuse registration.
The Board may refuse to effect registration under section 14 if it is of the opinion that the applicant will be unable to comply with the conditions or restrictions that the Board may impose upon registration, or with the requirements of this Act or the rules or regulations thereunder.
17 PART III REGULATION OF THE TIMBER INDUSTRY-17. Power to suspend, cancel or to refuse to renew registration.
(1) The Board may, if it is satisfied that any condition or restriction subject to which a registration was effected has not been complied with by the registered person or that the continuance of the registration would contravene this Act or the rules or regulations thereunder, suspend, cancel or refuse to renew the registration.
(2) If it appears to the Board that a registered person has contravened any provision of this Act or of the rules or regulations thereunder, the Board may call upon him, in such manner as may be prescribed, to show cause why his registration should not be suspended or cancelled.
(3) A person called upon to show cause under subsection (2) -
(a) shall be supplied by the Board with the particulars, in writing, of the alleged contravention; and
(b) may, if he so desires, be present at the hearing by the Board or be represented thereat by another person authorized by hi
18 PART III REGULATION OF THE TIMBER INDUSTRY-18. Appeal.
(1) Any person who is aggrieved by the decision of the Board, to refuse to effect registration under section 14 or to suspend, cancel or to refuse to renew registration under section 17, may, within thirty days of the date the decision was communicated to him, appeal to the Minister.
(2) The decision of the Minister on an appeal under subsection (1) shall be final and shall not be questioned in any court of law.
(3) The Minister may make rules governing the procedure to be followed on appeals under this section and the fees payable therefor.
[Am. Act A776]
19 PART IV FINANCE-19. Malaysian Timber Industry Board Fund.
(1) The Board shall establish and administer a fund to be known as "Malaysian Timber Industry Board Fund".
(2) There shall be paid into the Fund -
(a) all monies collected, paid, borrowed or transferred under sections 18, 22 and 41;
(b) all monies collected or paid under section 20 other than those collected, levied or raised within the States of Sabah and Sarawak;
(c) all monies collected under the rules and regulations and specified therein as being payable into the Fund;
(d) all monies received by the Board by way of grants from the Federal Government or any State Government;
(dd) all monies received by the Board by way of grants, donations or contributions from recognized institutions or international agencies;
(e) all sums contributed by the States of Sabah and Sarawak under section 21;
(ee) all monies receive
20 PART IV FINANCE-20. Levy on timber exported.
For the purposes of this Act the Minister may, after consulting the Minister of Finance and the Board, make an order for the imposition, collection, variation or cancellation of a cess or cesses on the exportation of all or any of the timber products listed in the First Schedule.
20A PART IV FINANCE-20A. Power to impose and collect fees and other forms of payments.
The Board may, from time to time, fix and collect fees and charges in respect of any technical advisory services or other services provided by the Board pursuant to this Act.
[Ins. Act A776]
21 PART IV FINANCE-21. Contribution by Sabah and Sarawak.
Each of the States of Sabah and Sarawak may from time to time contribute to the Fund such sum or sums as may be agreed between the Minister and the State.
22 PART IV FINANCE-22. Borrowing powers.
The Board may, upon such terms and conditions as may be approved by the Minister, with the concurrence of the Minister of Finance, borrow monies for the purpose of carrying out its functions.
[Am. Act A776]
23 PART IV FINANCE-23. Power to invest.
The Board may from time to time, with the approval of the Minister given with the concurrence of the Minister of Finance, invest the Fund or any part thereof, not being immediately required for meeting the Board's obligations or discharging its functions -
(a) in investments or securities authorized for the investment of trust funds by any written law for the time being in force; or
(b) in such other investments or securities as the Board may deem fit.
[Am. Act A776]
24 PART IV FINANCE-24. Annual estimates.
(1) The Director General shall, not later than one month before the commencement of each financial year, lay before the Board an estimate of the revenue and expenditure, including capital expenditure, of the Board for the ensuing financial year in such detail and form as the Board may determine.
(2) The Director General shall cause to be sent to every member of the Board a copy of the estimate not later than fourteen days prior to the date of the meeting at which the estimate is to be laid.
[Am. Act A776]
25 PART IV FINANCE-25. Audit and annual report.
The Statutory Bodies (Accounts and Annual Reports) Act 1980 (Act 240) shall apply in respect of the accounts, audit and annual reports of the Board.
[Sub. Act A776]
26 PART IV FINANCE-26. (Repealed by Act A776)
27 PART V MISCELLANEOUS-27. Power to enter premises, carry out inspection and examination and prohibit sale or export of timber.
(1) The Director General or any officer of the Board, with the consent of the Chairman, may, if he has reasonable cause to believe that an offence has been committed under this Act, enter any business premises of, any mill or yard being used by, an exporter and carry out inspection and examination as he may consider necessary, and seize and detain any book, document or other thing found in the premises, mill or yard that may furnish evidence of the commission of an offence under this Act or the rules or regulations thereunder.
(2) A person making an entry under subsection (1) may be accompanied by any other person or persons he deems necessary.
(3) Notwithstanding subsection (1), a Quality Control Inspector acting thereunder on the written authority of the Director General may only carry out such inspection and examination as he may consider necessary for the purpose of checking or verifying the actual and the desired quality of any tim
27A PART V MISCELLANEOUS-27A. Director General to carry out inspection at legal landing place.
The Director General or any officer of the Board so authorized in writing by the Director General may, if he has reason to believe that an offence under this Act or the rules or regulations made thereunder has been committed, carry out inspection and examination at any legal landing place as he considers necessary and may seize and detain any timber, book, document or other thing found thereat.
[Ins. Act A776]
27B PART V MISCELLANEOUS-27B. List of seizures.
Where any timber, book, document or other thing is seized under section 27 or 27A, the officer effecting the seizure shall prepare a list of the things seized and forthwith deliver a copy signed by him to the owner or the person from whom the things were seized.
[Ins. Act A776]
27C PART V MISCELLANEOUS-27C. Return of timber seized.
(1) Where timber is seized under this Act, the Director General or any officer of the Board so authorized in writing by him, may in his discretion -
(a) temporarily return the timber to the owner or to the person from whose possession, custody or control it was seized, subject to such terms and conditions as may be imposed by the Director General and in any case, subject to sufficient security being furnished to the satisfaction of the Director General that the timber shall be surrendered to the Director General or any authorized officer of the Board on demand and that the said terms and conditions, if any, shall be complied with;
(b) return the timber to the owner or to the person from whose possession, custody or control it was seized with liberty for the person to whom the timber is so returned to dispose of the same, such return being subject to security being furnished to the satisfaction of the Direc
27D PART V MISCELLANEOUS-27D. Things liable to forfeiture.
All things liable to seizure under this Act, shall be liable to forfeiture.
[Ins. Act A776]
27E PART V MISCELLANEOUS-27E. Court to order forfeiture.
(1) If there is no prosecution with regard to any timber seized under this Act, such timber shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless a claim thereto is made before that date under and in accordance with this Act.
(2) Any Person asserting that he is the owner of the timber seized or entitled to the proceeds of sale of the timber and that the timber is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the Director General that he claims the timber seized or the proceeds of the sale of the timber.
(3) On receipt of a notice under subsection (2) the Director General may direct that the timber seized or the proceeds of sale thereof be released or may refer the matter to a Magistrate.
(4) The Magistrate shall issue a summons requiring the Board and the person asserting that he is the owner of the timber seized or
27F PART V MISCELLANEOUS-27F. Things forfeited to be the property of the federation.
Any thing or proceeds of sale thereof forfeited or taken and deemed to be forfeited under this Act shall be the property of the Federation or paid to the Federal Consolidated Fund, less any sum that may be certified by the Director General as having been incurred by the Board in effecting the provisions of section 27 or 27A and in carrying out the sale under this Act.
[Ins. Act A776]
27G PART V MISCELLANEOUS-27G. No costs of proceedings shall be allowed.
No person shall, in any proceedings before any Court in respect of the seizure of any timber or any other thing seized in exercise of any power conferred under this Act, be entitled to the cost of such proceedings or to any damages or other relief other than an order for the return of the timber or any other thing seized or the payment of its value unless such seizure was made without reasonable or probable cause.
[Ins. Act A776]
27H PART V MISCELLANEOUS-27H. False or misleading information.
Where any person who is required to give any information under this Act gives information which he has reason to believe is false or misleading or which he believes is not true in relation to any matter under this Act or the rules or regulations made thereunder, he shall be guilty of an offence.
[Ins. Act A776]
27I PART V MISCELLANEOUS-27I. Authority card to be produced.
An officer exercising his powers under section 27 shall, if so required by a person in charge or in control of any business place or premises, mill or yard into which entry is to be made or inspection or tests are to be conducted, produce proof of his identity and authorization in writing to such person.
[Ins. Act A776]
27J PART V MISCELLANEOUS-27J. Obstruction of authorized officers.
Any person who in any way obstructs, hinders, prevents or interferes with the Director General or any officer of the Board, in the exercise of his powers or carrying out his duties under this Act or who fails to afford such assistance as is reasonably required by the Director General or any officer of the Board, commits an offence and shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
[Ins. Act A776]
27K PART V MISCELLANEOUS-27K. Examination of witnesses.
(1) The Director General or any officer of the Board may, in carrying out inspection and examination pursuant to the provisions of this Act, examine orally any person whom he believes to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined and such person shall be bound to answer all questions relating to such case put to him by such officer:
Provided that such person may refuse to answer any question the answer to which would have tendency to expose him to a criminal charge, penalty or forfeiture.
(2) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to any question.
[Ins. Act A776]
28 PART V MISCELLANEOUS-28. Disposal of prohibited timber.
(1) The Court before which a prosecution is held for an offence committed in respect of timber which has subsequently been subjected to a prohibitory notice under section 27 may, if it is satisfied that an offence has been committed in respect of the timber and notwithstanding that no person may have been convicted thereof, make such order, being either of forfeiture or destruction, as to the Court seems just.
(2) Any timber that has been forfeited under subsection (1) shall be sold by the Board and the proceeds of sale thereof shall be paid to Federal revenue, less any sum that may be certified by the Director General as having been incurred by the Board in effecting the prohibition under section 27 and in carrying out the sale under this section.
(3) If the Court does not make an order under subsection (1) or if no prosecution has been initiated in respect of any timber that has been subjected to prohibition under section 27 within tw
29 PART V MISCELLANEOUS-29. Secrecy.
(1) Secrecy shall be maintained by every person carrying out an inspection or examination under section 27 of all matters that come to his knowledge in the course or as a result of the inspection or examination, and of the contents of all books and documents that he may seize and detain under that section.
(2) Any such person who contravenes the requirement of subsection (1) or who communicates any matter required to be kept secret thereunder to any person except for the purpose of carrying into effect the provisions of this Act is guilty of an offence and is liable on conviction to a fine not exceeding one thousand ringgit.
29A PART V MISCELLANEOUS-29A. Protection against legal proceedings.
The Board or any of its members, officers or servants shall not be liable for any loss or damage caused to any person by reason of any act or omission or statement made in pursuance of the execution or intended execution of their functions under this Act, unless the act or omission or statement was done or made mala fide or through recklessness or negligence of such members, officers or servants.
[Ins. Act A776]
30 PART V MISCELLANEOUS-30. Abuse of power.
Whoever, in purported exercise of the powers under section 27, vexatiously and unnecessarily seizes or detains any books, documents or other things, or in like manner prohibits the sale or export of any timber is guilty of an offence and is liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or to both.
30A PART V MISCELLANEOUS-30A. Prosecution of offences.
Prosecution in respect of offences under this Act or any regulation made thereunder may be conducted by the Director General or any officer of the Board so authorized in writing in that behalf by the Director General.
[Ins. Act A776]
30B PART V MISCELLANEOUS-30B. Power to compound.
(1) Any offence against this Act or against any regulation made thereunder which is prescribed to be a compoundable offence may be compounded by the Director General or by any officer of the Board specially authorized in writing in that behalf by accepting from the person reasonably suspected of having committed the offence a sum of money not exceeding two thousand ringgit.
(2) Upon receipt of the payment under subsection (1) no further proceedings shall be taken against such person and any timber which is subject to a prohibitory notice under section 27 shall be released subject to any term and condition as to the proper rectification of the contravention, unless the timber consists of products the export of which is prohibited by any written law, in which case such timber shall be forfeited.
[Ins. Act A776]
31 PART V MISCELLANEOUS-31. Jurisdiction.
Notwithstanding anything to the contrary contained in any other written law, a Sessions Court shall have jurisdiction to try any offence under this Act or any rules or regulations made thereunder and to impose the full penalty provided for by this Act or any rules or regulations made thereunder.
32 PART V MISCELLANEOUS-32. Power to amend First Schedule.
The Minister may from time to time, after consulting the Board, amend the First Schedule.
33 PART V MISCELLANEOUS-33. General penalty.
Any person who is guilty of any offence under this Act or the rules or regulations thereunder for which no penalty is specially prescribed is liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
33A PART V MISCELLANEOUS-33A. Offence committed by corporation.
Where any offence against any provision of this Act or any regulation made thereunder has been committed by a body of persons, incorporated or otherwise, any person who at the time of the commission of the offence was a director, secretary, controller or any other similar officer having charge of such body of persons or was purporting to act in such capacity shall be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he has exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
[Ins. Act A776]
33B PART V MISCELLANEOUS-33B. Offences committed by servant, agent, etc.
Where any person (who is this section is referred to as the "principal") would be liable under this Act to any punishment or penalty for any offence, act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such offence, act, omission, neglect or default of any of his clerks, servants or agents or of the clerk or servant of such agent:
Provided that such offence, act, omission, neglect or default was committed by the principal's clerk or servant in the course of the employment, or by the agent when acting on behalf of the principal, or by the clerk or servant of such agent in the course of his employment by such agent or otherwise on behalf of the agent.
[Ins. Act A776]
34 PART V MISCELLANEOUS-34. Rules and regulations.
(1) The Minister may, after consulting the Board, make such rules and regulations, except those that the Board is empowered to make under subsection (2), as appear to him to be necessary for carrying out the provisions of this Act and, without prejudice to the generality of this subsection, such rules and regulations may -
(a) prescribe the form or forms of contract to be adopted by persons selling or buying timber locally and the terms and conditions to be included in such contracts;
(b) prescribe the procedure to be followed in showing cause under section 17;
(c) prescribe the form of the prohibitory notice under section 27; and
(d) specify the offences that are compoundable and prescribe the compounding and the methods thereof.
(2) The Board may from time to time, with the approval of the Minister, by rules or regulations -
34A PART V MISCELLANEOUS-34A. Discipline of officers and servants.
(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 section 9 (1).
(2) The disciplinary authority in respect of every officer and servant of the Board other than the Director General shall be the Disciplinary Committee of the Board established under subsection (1).
(3) The Disciplinary Committee in respect of the Director General shall consist of the Secretary General of the Ministry responsible for the timber 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 disci
34B PART V MISCELLANEOUS-34B. Surcharge.
(1) If it appears to the Board that any person who is or was in the employment of the Board -
(a) has failed to collect any monies owing to the Board for the collection of which he is responsible;
(b) is or was responsible for any payment from the Fund of monies which ought not to have been made or for any payment of monies which is not duly vouched;
(c) is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any monies, stamps, securities, stores or other property of the Board;
(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, of monies from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and
34C PART V MISCELLANEOUS-34C. Power to make disciplinary regulations.
(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 Board.
(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 Board during the pendency of the 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 punishment 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 represent
35 PART V MISCELLANEOUS-35. Power of Minister to issue directives.
(1) The Board shall be responsible to the Minister and the Minister may, from time to time, issue directives on any aspect of the functions of the Board and any such directive shall be binding on the Board.
(2) The Board shall furnish the Minister with such returns, accounts and other information with respect to its property and activities as the Minister may from time to time require.
36 PART VI REPEAL AND TRANSITIONAL PROVISIONS-36. Repeal and dissolution.
The Malaysian Timber Export Industry Board (Incorporation) Act 1966 (12/66) is hereby repealed and the Malaysian Timber Export Industry Board established thereunder (in this Part referred to as "the former Board") is hereby dissolved.
37 PART VI REPEAL AND TRANSITIONAL PROVISIONS-37. Transfer of powers, rights, liabilities and duties.
All powers, rights, privileges, duties, or obligations that immediately before the appointed day were those of the former Board shall devolve as from that day on the Board.
38 PART VI REPEAL AND TRANSITIONAL PROVISIONS-38. Transfer of property.
(1) All lands that immediately before the appointed day were vested in, or reserved under any written law relating to land for the purposes of, the former Board shall on that day vest in or be deemed to be reserved for the purposes of the Board, as the case may be.
(2) All property and assets other than land that immediately before the appointed day were vested in the former Board or in any person on behalf of the former Board shall on that day vest in the Board.
39 PART VI REPEAL AND TRANSITIONAL PROVISIONS-39. Existing contracts.
All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the appointed day and affecting any of the property transferred under section 38 shall be in full force and effect against or in favour of the Board and enforceable as fully and effectually as if, instead of the former Board or any person acting on behalf of the former Board, the Board had been named therein or been a party thereto.
40 PART VI REPEAL AND TRANSITIONAL PROVISIONS-40. Continuance of criminal and civil proceedings.
(1) Neither the repeal under section 36 nor anything contained in this Act shall affect any person's liability to be prosecuted or punished for offences committed under the repealed Act before the appointed day, or any proceedings brought before that day in respect of such offences.
(2) Any proceedings, whether civil or criminal, or cause of action pending or existing immediately before the appointed day by or against the former Board or any person acting on behalf of the former Board may be continued or instituted by or against the Board as it might have been by or against the former Board or such person if this Act had not been passed.
(3) Any appeal brought or any leave to appeal applied for on or after the appointed day against a decision given before that day in any legal proceedings to which the former Board was a party may be brought by or against the Board.
41 PART VI REPEAL AND TRANSITIONAL PROVISIONS-41. Transfer of Fund.
All monies standing in, or due to be paid to, the Fund of the former Board shall on the appointed day be transferred to the Fund established under section 19 of this Act.
42 PART VI REPEAL AND TRANSITIONAL PROVISIONS-42. Continuance of officers and servants.
Every person who, immediately before the appointed day, was employed as an officer or servant of the former Board shall on that day be employed as an officer or servant, as the case may be, of the Board upon the same terms and conditions of service as those obtaining immediately before the appointed day.
43 PART VI REPEAL AND TRANSITIONAL PROVISIONS-43. Saving of existing certificate holders.
(1) Notwithstanding the repeal under section 36 or any provision of this Act to the contrary -
(a) every person who, immediately before the appointed day, held a valid ordinary or temporary export registration certificate issued to him under the repealed Act shall be deemed to be registered under this Act as an exporter until the expiry date of the certificate and subject to the terms and conditions attached thereto; and
(b) every person who, immediately before the appointed day, held a valid certificate of registration as a timber supplier issued to him under the repealed Act shall be deemed to be registered under this Act as a supplier until the expiry date of the certificate and subject to the terms and conditions attached thereto.
(2) Every certificate by virtue of which a person is deemed, under subsection (1), to be registered under this Act shall be deemed to have been issued u
44 PART VI REPEAL AND TRANSITIONAL PROVISIONS-44. Prevention of anomalies.
(1) If any difficulty arises in connexion with the transitional provisions contained in this Part, the Minister may by order, subject to subsection (2), make such modifications therein as may appear to him necessary for preventing anomalies.
(2) The Minister shall not exercise the powers conferred by subsection (1) after the expiration of two years from the appointed day.
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