Establishment of the Board
(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.
Composition of 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 the 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 his remuneration, shall be determined by the Minister.
Representative members
(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) (Deleted by Act A776).
Tenure of office
Each member of the Board shall, unless he sooner resigns his membership or his membership or his appointment is sooner revoked, hold office for a period not exceeding two years, but shall be eligible for reappointment.
Amendment of Third Schedule
(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.
Alternate members
(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 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.
Temporary exercise of functions of Chairman
(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 paragraph 4(1)(b) shall exercise the functions of and be deemed to be the Chairman. (3) Should the representative appointed under paragraph 4(1)(b) be for any reason unable to act under subsection (2), the representative appointed under paragraph 4(1)(d) shall exercise the functions of and be deemed to be the Chairman.
Appointment of officers and servants
(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.
Board may provide for schemes of service
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.
Powers and duties of the Director General
(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 (c) keep the Board fully informed of the progress of the activities, and prepare and submit to the Board as soon as possible after the end of each financial year a report dealing with the administration of the Board accompanied by a statement of income and expenditure for, together with balance sheets as at the end of, the financial year. (4) Where the Director General is temporarily unable to exercise his functions on grounds of sickness, absence or any other cause, the Deputy Director General shall exercise the powers and duties of the Director General. (5) Where the Deputy Director General has not been appointed the Chairman may appoint any officer of the Board to exercise the powers and duties of the Director General for the purposes of subsection (4).
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).