(1) A body corporate by the name of “Agensi Inovasi Malaysia” is established.
(2) The Agency shall have perpetual succession and a common seal.
(3) The Agency may sue and be sued in its name.
(4) Subject to and for the purposes of this Act, the Agency may, upon such terms as it deems fit—
(a) enter into contracts;
(b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and
(c) convey, assign, surrender, yield up, charge, mortgage, demise, lease, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Agency.
Functions of the Agency
The functions of the Agency are as follows:
(a) to formulate national policies, strategies and directions relating to innovation;
(b) to organize, co-operate in and coordinate the performance of activities with the public and private sector to stimulate innovation in Malaysia;
(c) to conduct inquiries, survey and analysis of data, research and development relating to innovation and the national innovation eco-system;
(d) to promote and facilitate investment activities and initiatives by the public and private sector in relation to innovation;
(e) to further promote the culture of innovation in the public, private and education sectors in Malaysia;
(f) to advise the Government in matters relating to innovation;
(g) to make recommendations relating to the innovation component of existing or future strategic national projects;
(h) to carry out any other functions as it deems fit to enable it to perform its functions effectively or which is incidental to the performance of its functions.
Powers of the Agency
(1) The Agency shall have the power to do all things expedient or reasonably necessary for or incidental to the performance of its functions.
(2) Without prejudice to the generality of subsection (1), the powers of the Agency shall include the power—
(a) to carry on all activities, particularly activities which are commercial in nature, which appear to it to be requisite, advantageous or convenient for or in connection with the performance of its functions;
(b) subject to any written law, to call for information on matters relating to innovation in furtherance of the performance of its functions; and
(c) subject to subsection (3), to impose fees or charges for any service rendered in the exercise of its powers and the performance of its functions.
(3) Any fees or charges to be imposed shall be prescribed in the regulations made under section 41.
Governance Council
(1) The Agency shall be administered by a council to be known as the “Governance Council”.
(2) The Council shall consist of the following members:
(a) the Prime Minister as the Chairman;
(b) the Minister charged with the responsibility for science, technology and innovation;
(c) the Minister charged with the responsibility for domestic trade, cooperatives and consumerism;
(d) the Minister charged with the responsibility for higher education;
(e) the Minister charged with the responsibility for finance;
(f) the Minister in the Prime Minister’s Department charged with the responsibility for the Economic Planning Unit;
(g) the Chief Executive Officer; and
(h) ten other members who, in the opinion of the Prime Minister, possess the relevant qualifications, special knowledge or experience in the subject of innovation, science, technology, business, economics or government policies.
(3) A member referred to in paragraph (2)(h) shall be appointed by the Prime Minister and shall, unless he sooner resigns, vacates his office or his appointment is sooner revoked, hold office for a term not exceeding three years.
(4) A member referred to in paragraph (2)(h) shall be eligible for reappointment but no member shall hold office for more than three terms consecutively.
Alternate members
(1) The Prime Minister may, in respect of each member appointed under paragraph 7(2)(b) to (f), appoint an alternate member to attend, in place of that member, meetings of the Council when the member is for any reason unable to attend.
(2) When attending meetings of the Council, an alternate member shall, for all purposes, be deemed to be a member of the Council.
(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 Council.
Allowance
(1) The members of the Council shall not be paid any fixed monthly remuneration.
(2) Notwithstanding subsection (1), the members of the Council shall be paid such allowances as the Prime Minister may determine in relation to attending to meetings of the Council and matters related to the Council.
Vacation of office
(1) The office of a member of the Council appointed under paragraph 7(2)(h) shall be vacated if—
(a) he dies;
(b) there has been proved against him, or he has been convicted of, a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or
(iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;
(c) he becomes a bankrupt;
(d) he is of unsound mind or is otherwise incapable of discharging his duties;
(e) he absents himself from three consecutive meetings of the Council without leave of the Chairman;
(f) his resignation is accepted by the Prime Minister; or
(g) his appointment is revoked by the Prime Minister.
(2) Where a member of the Council appointed under paragraph 7(2)(h) ceases to be a member of the Council, the Prime Minister may appoint another person to fill the vacancy for the remainder of the term for which the vacating member was appointed.
Meetings
(1) The Council shall convene its meetings at least once in every three months and the meeting shall be held at the time and place specified in a written notice by the Chairman.
(2) The Chairman may authorize the use of live video, television links or other appropriate communication or multimedia facilities for the purposes of any meeting of the Council.
Procedure at meetings
(1) The Chairman shall preside at all meetings of the Council.
(2) If the Chairman is absent from any meeting of the Council, he may appoint any member of the Council to replace him as the chairman of the meeting.
(3) The quorum of the Council shall be five.
(4) Every member except the Chief Executive Officer shall be entitled to one vote.
(5) Where there is an equality of votes, the Chairman or the member replacing the Chairman referred to in subsection (2) shall have the casting vote.
(6) The Council may regulate its own procedure.
Minutes
(1) The Council shall cause the minutes of all its meetings to be maintained and kept in proper form.
(2) Any minutes made of a meeting of the Council shall, if duly signed by the Chairman, be admissible in evidence in all legal proceedings without further proof.
(3) Every meeting of the Council in respect of which minutes of the proceedings have been made in accordance with subsections
(1) and (2) shall be deemed to have been duly convened and held and all members at the meeting to have been duly qualified to act.
Council may invite others to meetings
(1) The Council may invite any other person to attend any meeting of the Council for the purpose of advising the Council on any matter under discussion, but the person so attending is not entitled to vote at the meeting.
(2) Any person invited under subsection (1) may be paid such allowances as the Council may determine.
Resolutions without meeting
(1) Subject to subsection (2), the Council may, where necessary, pass a resolution without meeting.
(2) The following conditions shall be complied with:
(a) all members of the Council have been informed of the proposed resolution, or reasonable efforts have been made to inform all members of the Council of the proposed resolution; and
(b) all members of the Council indicate agreement with the resolution in accordance with the method determined by the Council.
Council may establish committees
(1) The Council may establish any committee as it considers necessary or expedient to assist it in the performance of its functions.
(2) The Council may appoint any person to be a member of any committee established under subsection (1).
(3) The Council shall appoint the chairman of the committee established under this section.
(4) The committee shall be subject to and act in accordance with any direction given by the Council.
(5) The committee shall meet as often as may be necessary at such times and places as the chairman of the committee may determine.
(6) The committee may regulate its own procedure.
(7) The committee may invite any other person to attend any meeting of the committee for the purpose of advising the committee on the matter under discussion, but the person so attending is not entitled to vote at the meeting.
(8) The members of the committee or any person invited under subsection (7) to attend any meeting of the committee may be paid such allowances as the Council may determine.
(9) All decisions made by the committee shall be tabled during the meeting of the Council.
(10) The committee shall cause minutes of all its meetings to be maintained and kept in proper form, and copies of the minutes shall be submitted by the committee to the Council as soon as practicable.
Vacation of office of member of committee
(1) The office of a member of a committee appointed under section 16 shall be vacated if—
(a) he dies;
(b) there has been proved against him, or he has been convicted of, a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or
(iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;
(c) he becomes a bankrupt;
(d) he is of unsound mind or is otherwise incapable of discharging his duties;
(e) he absents himself from three consecutive meetings of the committee without leave of the Council;
(f) his resignation is accepted by the Council; or
(g) his appointment is revoked by the Council.
(2) Where a member of the committee ceases to be a member, the Council may appoint another person to fill the vacancy for the remainder of the term for which the vacating member was appointed.
Disclosure of interest
(1) Any member of the Council or a committee having directly or indirectly any interest in relation to any matter under discussion by the Council or the committee shall disclose to the Council or the committee, as the case may be, the fact of his interest and the nature of that interest.
(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Council or the committee, as the case may be.
(3) Upon disclosure under subsection (1), the member—
(a) shall not take part in or be present during any discussion or decision of the Council or the committee; and
(b) shall be disregarded for the purpose of constituting a quorum of the meeting of the Council or the committee,
relating to the matter.
(4) A member of the Council or the committee who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(5) No act or proceeding of the Council or the committee shall be invalidated on the ground that any member of the Council or the committee has contravened this section.
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).
