Constitution of the Board
(1) There shall be established a body corporate to be known as the “Malaysian Forestry Research and Development Board” which shall have perpetual succession and a common seal and which may sue and be sued in its said name and subject to and for the purposes of this Act, may enter into contracts and hold and deal in or with any movable or immovable property and do all other matters and things incidental or appertaining to a body corporate.
(2) 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 forestry;
(c) a representative of the Treasury;
(d) a representative of the Federal Forestry Department;
(e) a representative of the Malaysian Timber Industry Board;
(f) three representatives of the timber trade and industry; and
(g) such other persons not exceeding four in number who, in the opinion of the Minister, can contribute to forestry research and development.
(3) The Minister shall, in addition to the persons mentioned in subsection (2), appoint to be members of the Board not more than three other persons as the Minister considers fit, to represent the interest of the States in forestry research.
(4) The Director General shall be a member of the Board.
(5) The Board shall exercise its functions and perform its duties in accordance with the Schedule.
Tenure of office
The members of the Board shall hold office for such period as may be specified in their letters of appointment and shall be eligible for reappointment.
Alternate members
(1) The Minister may, in respect of each member appointed under paragraphs 3(2)(b) to 3(2)(f) and subsection 3(3), appoint one person to be an alternate member to attend in place of the member, meetings of the Board that the 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 when the member in respect of whom he is an alternate ceases to be a member of the Board.
Appointments to the Board shall be gazetted
The appointment of every member and alternate member of the Board shall be published in the Gazette.
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 Chairman; and such member shall, during the period in which he is exercising the functions of 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, the member appointed under paragraph 3(2)(b) shall exercise the functions of and be deemed to be the Chairman; and if that member is for any reason unable to act under this subsection, the member appointed under paragraph 3(2)(d) shall exercise the functions of and be deemed to be the Chairman.
Functions of the Board
(1) The Board shall exercise the following functions:
(a) to conduct and promote research into forest development including the production, extraction, processing, storage, transportation and utilization of forest produce, and other fields appropriate to the continued development of the forestry sector and the conservation of the resource base;
(b) to secure, where the public interest or the interest of forest development and forest industries so require, the development and exploitation of results of research, which appear to the Board not to have been developed or exploited or sufficiently developed or exploited;
(c) to acquire, hold, dispose of or grant rights in connection with the result of any research conducted by the Board or, where the public interest or the interest of forest development and forest industries so require, in connection with the result of any research undertaken by any person or organization;
(d) to control, coordinate and monitor the activities of any organization undertaking research and development programmes and projects financed wholly or mainly from the Fund;
(e) to ensure that it is kept fully informed of the relevant activities of any organization undertaking research and development programmes and projects financed partly by the Fund;
(f) to collect, collate and disseminate information relating to forest management and development, forest produce and forest products utilization;
(g) to coordinate activities within Malaysia relating to research and development, publicity and other matters relating to forest development and forest industries and to liaise with bodies outside Malaysia concerned with these matters;
(h) to keep the Minister fully informed of all matters relating to forestry research and development; and
(i) to exercise such other functions as the Minister may, from time to time, direct.
(2) The Board may do all things reasonably necessary for, or expedient or incidental to, the discharge of its functions, in particular but without prejudice to the generality of this section—
(a) to enter into contracts with, or commission any person or body to carry out research;
(b) to provide consultancy services to the public; and
(c) to set up committees, which may consist of or include persons who are not members of the Board, to advise or assist the Board on such matters concerning its functions as it considers fit; and the Board may delegate, subject to such conditions and restrictions as it may impose, such of its functions under the Act (except the power to make regulations and to borrow money) as it considers fit to any such committees, and any act done or decision made by the committees pursuant to such delegation shall be deemed to be the act or decision of the Board.
Minister may give directions
The Board shall be responsible to the Minister and the Minister may, after consultation with the Board where in his discretion he deems it necessary to do so, give to it such directions as to him appear appropriate and expedient and the Board shall comply with such directions.
Power of Board to make regulations
The Board may, with the approval of the Minister make such rules and regulations as it considers necessary for the effective discharge of its functions under section 8, and in particular, but without prejudice to the generality of the power conferred by this section, such rules and regulations may—
(a) prescribe the procedure for the administration of the Fund under Part IV;
(b) provide for the schemes and terms and conditions of service including the conduct and discipline of the officers and servants of the Institute;
(c) prescribe the terms and conditions of loans made to the officers and servants of the Institute under paragraph 15(3)(d); and
(d) provide for any other matter that is required for the better and effective carrying out of the provisions of this Act.
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).
