Malaysian Timber Industry Board (Incorporation) Act 1973

Original Language Title: Malaysian Timber Industry Board (Incorporation) Act 1973

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Laws of Malaysia Act 105 Print The Malaysian timber industry Board Act (incorporation) 1973 As at 1 January 2014 issued by the Commissioner of law revision, under the authority of Law Revision Act 1968 2014 2 laws of Malaysia Act 105 Malaysian timber industry Board Act (incorporation) Act, 1973 date of Assent.................. 6 april 1973, the date of publication in the Gazette............... 12 april 1973, last amended through Act a1387 which commence on..................... 15 March 2011 REPRINT Before Reprinting the first............ 1994 Reprinting the second............... 2006 Malaysian timber industry Board (incorporation) 3 laws of Malaysia Act 105 Malaysian timber industry Board Act (incorporation) 1973 arrangement of sections part i preliminary section 1. short title, commencement and application 2. interpretation part ii establishment of Board 3. The establishment of the Board 4. membership of the Board 5. members of the delegation of 5a. the term of Office 6. Amendment of third Schedule 7. alternate member 8. Temporary exercise of functions of the Chairman 9. Appointment of officers and servants no.9A. the Board may allocate a 9b service scheme. powers and duties of the Director General 9 c. Delegation of duties of Director General 10. Public servants 11. Office 12. Functions and powers of the Board 4 laws of Malaysia Act 105 Section 12a. Delegation of functions and powers of the regulatory board part iii 13 timber industry. prohibition against carrying out activities without registration 13a. (Cut) 14. Registration for 14a. the power to vary the conditions or restrictions of registration 15. Express 16. power to refuse registration 17. the power to suspend, revoke or refuse to renew registration 18. 18a appeal. obligation to declare 18b. presumption as to export part iV financial 19. the funds of the Malaysian timber industry Board 20. SES on the export of wood 20a. the authority to impose and collect fees and another form of payment 21. Contributions by State 22. power to borrow 23. power to invest 24. annual estimates 25. Audit and annual report 26. (Cut)
Part iVa time relating to enforcement, Seizure, Arrest, etc.
26a. Appointment of enforcement officers 26b. power of investigation 26C. 26D power card. the power to capture the Malaysian timber industry Board (incorporation) 5 Section 26e. Search and seizure with warrants 26F. Search and seizure without a warrant 26g. power to enter premises 26h. access to computerized data 26i. Seizure of objects, etc.
26j. authority to stop, search and seize the carrier 26k. List of things seized 26l. temporary Return carrier, etc.
26m. The sale and disposal of wood seized 26n. the power to require the attendance of the person who knew the case 26o. Examination of person who knew the case 26P. admissibility of statements as evidence 26Q. Forfeiture of wood, etc., seized 26r. property rights of wood, etc., that dilucuthakkan 26S. The release of wood etc., seized 26t. Enforcement officers can get help to check things related to offences 26u. the power to take samples of 26V. the power of the Board to require information about wood, etc.
26w. extra power part V Miscellaneous 27. (Cut) 27a. (Cut) 27B Sizzler anti-ship. (Cut) 27 c. (Cut) 27d. (Cut) 27e. (Cut) 27f. (Cut) 27g. (Cut) 27h. (Cut) 27i. (Cut) 6 laws of Malaysia Act 105 Section 27j. authorized officer of barriers 27 k. (Cut) 28. (Cut) 29. confidentiality of 29a. Protection against legal proceedings 29b. Appointment of analysts 29C. Certificate of analysis 29D. Inspection or testing of timber seized 29e. the cost of holding the wood, etc., seized 29F. There are no costs or damages arising from seizure can be retrieved 30. Abuse of power 30a. Initial and handling prosecution 30B. Compounding of offences 30C. Protection of informer lbl. public authorities Protection Act 1948 30e. power to exclude 31. jurisdiction of 32. Amendment of Schedule 33. General penalty 33a. offences by body corporate 33B. (Cut) 34. rules and regulations 34a. Discipline of officers and servants 34B. 34c a surcharge. power to make disciplinary rules 35. Minister's power to issue instructions part Vi Repeal And transitional provisions 36. Abolition and dismantling of the Malaysian timber industry Board (incorporation) 7 Section 37. The transfer of the powers, rights, liabilities and obligations of 38. The transfer of ownership of the assets of 39. existing contracts with 40. Continuation of the criminal proceedings and civil law 41. Transfer Fund 42. Continuation of the 43 officers and servants. saving for existing certificate holders 44. prevents anomalies first schedule second schedule of the third schedule of the Fourth Schedule 8 laws of Malaysia Act 105 Malaysian timber industry Board (incorporation) 9 laws of Malaysia Act 105 Malaysian timber industry Board Act (incorporation) 1973 an act to abolish the Act of the Board of Malaysian timber export Industry (incorporation) 1966 and dissolve the Malaysian timber export industry Board, to establish the Malaysian timber industry Board and provide for matters related thereto , and to make better provision with respect to the Malaysian timber industry.
[Peninsular Malaysia — 1 June 1973, P.U. (B) 220/1973; Sabah and Sarawak (part I and II only) — 4 March 1991, P.U. (B) 141/1991; Sabah (PARTS III, IV, V and VI), — 1 January 1992, P.U. (B) 645/1991] be it enacted by the Seri Paduka baginda yang di-Pertuan agong with the advice and consent of the Dewan negara and Dewan rakyat in Parliament assembled, and by the authority of the same, as follows: part i preliminary short title, commencement and application 1. (1) this Act may be cited as the Malaysian timber industry Board Act (incorporation) 1973 shall apply throughout malaysia.
10 laws of Malaysia Act 105 (2) subject to subsection (3), this Act shall come into force on such date as the Minister may, by notification in the Gazette.
(3) the Minister may set different dates for the coming into operation of this Act, or different provisions in this Act, respectively in Peninsular malaysia, Sabah and Sarawak.
interpretation 2. (1) in this Act, unless the context otherwise requires — "this Act" includes any subsidiary legislation made under this Act;
"Member" means a member of the Board, and includes any person alternate member;
"in transit" means taken or delivered from any country and brought into malaysia through land, sea or air (whether or not didaratkan or transferred to another carrier in malaysia) for the purpose of simply brought to a another country either by the same carrier or another;
"research findings" means any results or output from research and development activities and includes new products or better, design, design, innovation and development in any processes, techniques, tools or machines;
"export" means to bring or cause to be brought out from malaysia through land, sea or air or put any wood in a vessel, carrier or aircraft for the purpose of that wood is carried out from malaysia through land, sea or air;
"the appointed day" means the day of the Act, or, if a different date is fixed for the coming into operation of different provisions of this Act, today in part Vi, comes into operation;
Malaysian timber industry Board (incorporation) 11 "import" means to bring or cause to be brought any wood into malaysia via land, sea or air but does not include transit and trans-shipment of timber to timber carrier other good faith;
"Jetty" means a yad which thereof wood can be transferred directly to dikapalkan immediately without having to be stored in an other yad;
"wood" means the products or any of the products listed in the first schedule;
"Director General" means the Director-General appointed under section 9 and includes Deputy Director General;
"plant" means any building or pabrik used wholly or partly for manufacture, processing, wood dried up or fixation;
"the quality of the wood" means grade, species, size and any specification relating to wood;
"Fund" means the Fund Malaysian timber industry Board established under section 19;
"forest plantations" er t inya cultivation, management and pengusahahasilan trees under forest plantation development programme implemented by the Board;
"Board" means the Malaysian timber industry Board established under section 3;
"domestic market" means the market in malaysia;
"Merchant" means a person who carries on the business to sell, trade, distribute or market the wood for the purpose of domestic market;
"customs officer" has the meaning assigned to it in section 2 of the Customs Act 1967 [Act 235];
12 laws of Malaysia Act 105 "enforcement officers" means — (a) an officer of the Board or any public officer appointed under section 26a;
(b) a police officer not below the rank of Inspector; or (c) a customs officer as defined under the Customs Act 1967;
"supplier" means a person supplying wood for the purpose of export;

"Quality control Inspector" means a quality control inspector appointed under section 9;
"eighth grader who" means a person who holds a certificate of qualification is valid for digergaji wood who, issued by the authorities of staging;
"processor" means a person who carries on the business dried up timber or wood fixation;
"exporter" means the person who exports wood;
"operator" means a person who holds a valid certificate of qualification issued by the Board to operate the plant, wood dried up plant fixation timber wood or both;
"the pier operator" means a person who operates a jetty which is engaged in any activity relating to the exportation or importation of timber;
"Chairman" means the Chairman of the Board appointed under section 4;
"pengusahahasilan" means taking, collecting, tapping or moving, any forest produce for the purpose of forest plantation;
"importer" means a person importing wood;
"timber" means any activities involving forest plantations, development, trade, marketing, processing, manufacturing and production and research on wood;
Malaysian timber industry Board (incorporation) 13 "permit", in respect of the exportation or importation of wood, means a certificate of approval issued by the Board;
"recognized Association" means an association, body or organisation listed in the third schedule;
"authority ranking" means the Director General of the Malaysian timber industry Board;
"premises", in relation to wood, means any place, whether open or closed, or whether on land or sea or whether movable or not removable and includes any houses, factories, stores, transports, stores, halls, rooms, sheds, container, Jetty, yad, estates, farms, warehouses, ports or airports;
"ses" means the Cess levied under section 20;
"yad" means any area or place that is used to check, inspect, dry out, sell, save, update ready, fixation or membendela wood, and includes any area, place or premises of the wood, which is intended for use in the manufacture of any article or in the construction of any building or structure, dried, diawetkan or offered for sale.
(2) the provisions of this Act do not reduce the national forestry Act 1984 [Act 313] or any other written law for the time being in force relating to forestry.
Part ii establishment of the Board the establishment of Board 3. (1) there shall be established a body corporate called "Malaysian timber industry Board" that have perpetual succession and a common seal and has the power to acquire and hold movable and immovable property and to dispose of it or otherwise make any business thereon, and may sue and be sued in the name of him.
14 laws of Malaysia Act 105 (2) of the Second Schedule shall apply to the Board.
membership of the Board 4. (1) the Board shall consist of the following members who shall be appointed by the Minister: (a) a Chairman;
(b) Secretary General Ministry of plantations industries and commodities;
(ba) the Secretary General of Treasury;
(c) the Secretary General of the Ministry of international trade and industry;
(d) the Director General of the Forestry Department of Peninsular malaysia;
(e) the Director General of the Forest Research Institute of malaysia;
(ea) the Director-General;
(f) one representative each of no more than five States as determined by the Minister;
(g) a representative of a recognized Association who shall be appointed as provided in section 5; and (h) no more than two people are in the opinion of the Minister may contribute to the advancement of Malaysian timber industry.
(2) the terms and conditions of appointment of the Chairman and his remuneration shall be determined by the Minister.
members of the delegation 5. (1) every association recognized right to represented on the Board by the number of people shown with his name appearing in the third schedule, who shall be appointed by the Minister.
(2) (struck by A776 Act).
Malaysian timber industry Board (incorporation) 15 term of Office 5A. Each Member of the Board shall, unless he resigns beforehand or manning or his appointment is cancelled in advance, hold office for a term not exceeding two years, but shall be eligible for re-election.
Amendment of third Schedule 6. (1) subject to subsection (2), the Minister may from time to time, after consultation with the Board, amend the third schedule.
(2) no association, body or organization can be added to, or allowed to remain in the third schedule, unless kaedah-kaedahnya — (a) has been approved by the Minister;
(b) does not contain anything harmful to the interests of general industrial wood; and (c) allow in as its members every person proposed to be represented by him and who apply for check-in and undertakes to comply with kaedah-kaedahnya.
(3) If a society recognized amend rules his detriment of his membership, it shall deliver a copy of the amendment to the Minister within fourteen days from the date the amendment is made.
alternate member 7. (1) subject to subsection (4) the Minister may, in respect of each member appointed under paragraph 4 (1) (b) to (g), to appoint two people to become an alternate member to attend in lieu of the Member Board meetings to the Member is unable to attend for any reason.
(2) only one alternate member may attend meetings of the Board at any point in time to replace the Member who replaced it.
16 laws of Malaysia Act 105 (3) when a person attend Board meetings alternate member shall for all purposes be deemed to be a member of the Board.
(4) an alternate member shall, unless he resigns beforehand or his appointment is cancelled in advance, cease to be an alternate member when the Member for whom he is alternate member cease to be a member of the Board.
Temporary exercise of functions of the Chairman 8. (1) the Minister may appoint any member of the Board to carry out the functions of the Chairman during the period the Chairman is unable for any reason to exercise his functions or within any vacancy in the post of Chairman, and the members shall, within the period of he carries out functions of the Chairman under this subsection, be deemed to be the Chairman.
(2) until an appointment is made under subsection (1) or if the appointment is not made or the absence of the Chairman at any meeting of the Board, representatives appointed under paragraph 4 (1) (b) shall carry out the functions and are deemed to be Chairman.
(3) If a representative appointed under paragraph 4 (1) (b) is unable for any reason to act under subsection (2), the representative appointed under paragraph 4 (1) (d) shall exercise the functions and are deemed to be Chairman.
Appointment of officers and servants 9. (1) the Minister shall appoint a Director General of the Board upon such terms and conditions and for such period of time as may be determined by him.
(2) the Board may, with the consent of the Minister and on such terms and conditions as may be determined by the Board, appoint such number of Deputy Directors General and the officers and servants of the Board include quality control Inspectors as may be necessary for carrying out the purposes of this Act.
Malaysian timber industry Board (incorporation) 17 (3) appointment of Director General, Deputy Director-General and the Inspector quality control shall be published in the Gazette.
the Board may allocate no.9A scheme of service. the Board may from time to time with the approval of the Minister and the approval of the Minister of finance, after consultation with the Director General of public service, make regulations to provide for any scheme of service for officers and pekhidmatnya, including the terms and conditions of service and salaries, any pension scheme, and any scheme relating to allowances and other remuneration payable to an officer and pekhidmatnya.
powers and duties of the Director-General a 9b. (1) the Director General shall be the Chief Executive Officer of the Board and shall have all the powers and duties that are necessary for carrying out the administrative 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 charged at the Director-General by the Board or by this Act and any regulations made thereunder.
(3) the Director General shall — (a) submit for the approval of the Board of — (i) an annual programme of activities of the Board; and (ii) the estimated expenses necessary to carry out the activities of the Board;
(b) ensure that the programmes approved are carried out properly and that the expense of running the programmes approved and likewise for the Administration Board is in accordance with the estimates approved by the Board; and (c) to ensure that the Board fully informed on the progress of the activity, and prepare and submit to the Board as soon as 18 laws of Malaysia Act 105

as possible after the end of each financial year, a report with respect to the administration of the Board accompanied by a statement of income and expenditure for, along with a balance sheet as at the end of the financial year.
(4) if the Director General of temporarily unable to perform its function by reason of illness, absence or any other cause, Deputy Director-General shall exercise powers and duties of the Director General.
(5) where the Deputy Director General has not 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).
Delegation of duties of the Director General 9 c. (1) the Director may in writing delegate any power or duty conferred upon him under this Act to any officer of the Board, subject to such terms and conditions as it thinks fit.
(2) a delegation under this section does not preclude the Director-General himself from performing or exercise, at any time, any of the powers or duties so delegated.
Public servants 10. All members, officers and servants of the Board shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Office 11. the Board shall have a main office in the Federation in any place as shall be determined by the Board, and may establish any other branch office as deemed appropriate by the Board.
Malaysian timber industry Board (incorporation) 19 functions and powers of the Board 12. (1) the functions of the Board are — (a) to regulate and control the trade and marketing and distribution of wood; (b) develop and repair trade and the timber market; (bb) co-ordinating the activities of marketing and shipping wood effectively; (c) encourage the use of effective for wood with the caveat of diversification products and develop the improvement and the economy in the way wood processing;
(d) the holding of technical advisory services and training required to assist in the development of existing timber industry and in the establishment of new industrial;
(e) assist the timber industry in marketing wood; (f) organize and assist the consolidation of industrial timber and integrates with more closely the activities of the timber industry in General, so as to achieve better efficiency, and gain a strong foundation for the timber industry, as a whole;
(g) collect information and maintain records for all matters relating to the timber industry;
(ga) to implement development policies and programmes to ensure improvement and viability of the timber industry in malaysia;
(gb) the advancement of bumiputera entrepreneurs in the timber industry to be more competitive;
(gc) exercise control and monitor exports, imports, transit and wood in the domestic market;
(gd) conduct research, review and investigation, beneficial to or appropriate with the implementation of its functions;
(ge) develop and commercialize research findings for the benefit of the timber industry and promote the use of research findings on a commercial basis;
20 laws of Malaysia Act 105 (gf) promote and develop forest farm activities for the purpose of the development of the timber industry and any other activities related to the development of forest plantations;
(gg) to plan and carry out human resource development programmes in line with the development of timber industry;
(gh) liaise and co-ordinate with State Governments and other bodies, including any associations within and outside malaysia, in the interest of timber industry; and (h) generally to do everything according to the scope of the objectives of this Act for repairs and conduct appropriate timber industry.
(2) the Board shall have power to do all things reasonably necessary or expedient for, or incidental to, the performance of its functions, and in particular, but without prejudice to the generality of this subsection — (a) to make such negotiations and agreements or arrangements as may be deemed necessary by the Board to carry out its functions and for the promotion of the importance of general industrial and timber trading;
(b) to carry out marketing of wood for the timber industry in small;
(c) to establish and maintain any establismen as may be deemed necessary by the Board to perform its functions;
(d) to appoint the Committee;
(e) to acquire, hold, dispose of or provide rights in relation to the results of any research undertaken by or on behalf of, or in connection with the results of any research undertaken by any person or organization on behalf of the Board;
(f) to assign any person or body to carry out research or development;
Malaysian timber industry Board (incorporation) 21 (g) to provide certification of skills in respect of training programmes and programmes recognized by the Board;
(h) to issue a licence, certificate, permit and approval under this Act in respect of timber industry;
(i) to determine the standards and specifications of any wood product as may be thought fit by the Board for the timber industry;
(j) to carry out and coordinate any activities relating to research and development in the cultivation, production and pengusahahasilan forest farm products;
(k) to provide recognition and certification of wood quality guarantee scheme to any persons engaged in the production of wood;
(l) to work with any agencies or organizations that are recognized in or outside malaysia;
(m) to carry out research and development activities for the development of wood products and downstream activities;
(n) to provide loans, with or without interest, to any body, a company or person approved by the Minister for the implementation of forest plantation programs or any other programs for the purpose of development of timber industry;
(o) to carry out the role as an authority ranking; and (d) to do all things expedient, necessary or incidental to the performance of its functions under this Act.
(3) the Board may from time to time, with the approval of the Minister, establish, by order published in the Gazette, a corporation with any name as specified in the order to carry out and maintain, operate and manage on behalf of the Board any project, a scheme or enterprise that have been planned or carried out by the Board in the discharge of its functions under this Act, and may be the same way cancel , vary or amend any of the order.
22 laws of Malaysia Act 105 (4) every order made under subsection (3) shall make provision in respect of — (a) the Constitution of the Corporation;
(b) financing of such Corporation;
(c) the repayment of the loan to the Corporation; and (d) the account shall be kept by the Corporation and audit the account.
(4a) the provisions of the Fourth Schedule shall apply in respect of every corporation that is established by the Board under subsection (3).
(5) the Board may, in fulfilling its functions, carry out commercial activities for gain or profit in the case in question through the company established from time to time under the companies Act 1965 [Act 125] and the company can only be established after approval by the Minister with the consent of the Minister of finance.
(6) the Minister may make rules or regulations for fixing any activity or interest or for a set term or condition any activity or interest of any Member, officer or Board servants in respect of any corporation or company established respectively under subsection (3) and (5) or to any company, enterprise or undertaking and any omission or neglect to comply with and any act done or trying to do the opposite with the provisions of rules or regulations is an offence against this Act and the offender shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
Delegation of functions and powers of the Board of 12a. (1) the Board may delegate, in writing, upon such conditions, limitations or restrictions as he may deem fit to impose, any of the functions or powers, except the power of the Malaysian timber industry Board (incorporation) 23 to make regulations and rules under section 34 of this Act, to — (a) the Chairman;
(b) the Director General;
(c) any Committee appointed by the Board; or (d) any officer of the Board authorized by the Director General.
(2) any person or Committee delegated with functions and powers of the Board under subsection (1) shall be bound to observe and pay attention to all the conditions, limitations or restrictions imposed by the Board.
(3) a delegation under this section does not preclude the Board from discharging its own or carry out at any time any power or function so delegated.
Part iii Regulatory prohibition against the timber industry activities without registration 13. (1) No person shall carry out any activities as — (a) exporters;
(b) the importer;
(c) suppliers;
(d) eighth grader who;
(e) processor;
(f) Merchant;
(g) operator; or (h), Jetty operators

unless he has been registered in accordance with this Act.
24 laws of Malaysia Act 105 (2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or both of each.
13A. (Cut by A1387 Act).
Registration 14. (1) an application for registration under this Act shall be made to the Board.
(2) the Board may, on payment of the prescribed fee, register an applicant under subsection (1) subject to the conditions and restrictions imposed by the Board thinks fit.
(3) every registration under this section shall be valid for a period of one year, or such longer period but not exceeding five years as determined by the Board, from the date of registration and will be renewable, unless cancelled in advance under section 17, at the discretion of the Board, for a period of more not less than one year but not more than five years as the Board may think fit.
(4) the Board shall issue to every person who has been registered, or that its registration has been renewed, under this section, a certificate of registration in such form as may be prescribed.
(5) No person, except a person or operator, the eighth grader who instead of a incorporated can be registered under this section unless there is in respect of the conduct of a valid business registration certificate issued under any law in force in malaysia relating to business registration.
Malaysian timber industry Board (incorporation) 25 power to vary the conditions or restrictions of registration 14A. (1) the Board shall have power to vary any conditions or restrictions imposed on any registration under subsection 14 (2): provided that the Board may not amend any conditions or restrictions of a the registration unless a reasonable notice and an opportunity to be heard on any objection about the changes proposed have been given to a person registered who is likely to be affected by such change.
(2) the Board may, when hear any objection under subsection (1), reject the objection if it thinks the protests no merit and shall continue to vary the conditions or restrictions of registration as proposed.
(3) where a registered are not satisfied with the decision of the Board under subsection (2), he may appeal to the Minister within thirty days from the date of the decision and the decision of the Minister diberitahukan thereto shall be final and binding.
(4) no change in any condition or restriction of registration made pursuant to this section shall take effect until the appeal, if any, under subsection (3) has decided that in favour of the Board.
Express 15. the Board shall keep and maintain a register relating to registration under section 14 in such form and manner as may be determined by the Board.
power to refuse registration 16. the Board may refuse to do the registration under section 14 if it is of the opinion that the applicant will not comply with the conditions or restrictions imposed by the Board upon registration, or the requirements of this Act or the rules or regulations thereunder.
26 laws of Malaysia Act 105 authority to suspend, revoke or refuse to renew registration 17. (1) the Board may, if it is satisfied that any conditions or restrictions subject to him a registration has been done has not been complied with by the registered person or that the continuation of the registration are in violation of this Act or the rules or regulations thereunder, suspend, revoke or refuse to renew the registration.
(2) if it appears to the Board is of the opinion that a person who registered has violated any provision of this Act or the rules or regulations thereunder, the Board may request that person in such manner as may be prescribed, show cause why its registration should not be suspended or cancelled.
(3) a person requested to show cause under subsection (2) — (a) shall be given by the Board of details, in writing of the alleged infringement; and (b) may, if he so desires, be present at the hearing by the Board or be represented at the hearing by another person duly authorized by him in writing.
(4) If after the hearing, the Board is of the opinion that the person requested to show cause that failed to show cause, the Board may, notwithstanding any criminal action that may be brought against him, suspend or cancel registration: provided that any suspension under this provision shall not exceed a period of six months.
(5) a person whose registration has been cancelled or has, with the refusal by the Board, not renewed — (a) shall not be registered again for such period, not exceeding two years from the date of revocation or refusal to renew it, as determined by the Board at the time of cancellation or refusal to renew it; and the Malaysian timber industry Board (incorporation) 27 (b) shall, when required to do so by the Board in writing, surrender to the Board a certificate of registration within the period specified by the Board.
(5a) (a) the Board shall not refuse to renew the registration of a person registered under subsection (1) without first giving such person an opportunity to be heard.
(b) if the Board refuses to renew the registration of a person registered under subsection (1) it shall notify such person in writing to that effect stating the reasons for such refusal.
(6) any person who willfully fails to comply with the requirements of the Board under paragraph (5) (b) commits an offence.
appeal 18. (1) any person aggrieved by a decision of the Board, who refused to do the registration under section 14 or suspend, cancel or refuse to renew the registration under section 17, may, within thirty days from the date of that decision to him, appeal to diberitahukan Minister.
(2) the decision of the Minister on an appeal under subsection (1) shall be final and shall not be questioned in any court.
(3) the Minister may make rules governing the procedure to be followed on an appeal under this section and the fee payable therefor.
obligation to declare 18a. (1) an exporter or importer shall make a declaration to the Board in respect of the timber to be exported or imported, before exportation or importation of the wood.
28 laws of Malaysia Act 105 (2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
presumption as to export 18b. in respect of the export of timber shall be deemed to be brought, or due to depart from malaysia if — (a) a permit or certification for pengeksportannya has been issued by the Board;
(b) it has been released by Customs officers at the customs station on the trails out of malaysia;
(c) it has been loaded into a vessel or aircraft that depart from a port or pier or place in malaysia; or (d) it has been released by Customs officers in the inland clearance depot or inland customs station in the path out of malaysia through a Customs port or airport.
Part iV financial fund Malaysian timber industry Board 19. (1) the Board shall establish and administer a fund called "the funds of the Malaysian timber industry Board.
(2) there shall be paid into the Fund: (a) all moneys collected, paid, lent or transferred under section 14, 18, 22 and 41;
(b) all moneys collected or paid under section 20 in addition to collected, levied or diperdapatkan in Sabah and Sarawak;
Malaysian timber industry Board (incorporation) 29 (c) all moneys collected under rules and regulations and specified it as payable into the Fund;
(ca) all moneys derived or arising from any property, investment, mortgage, lease, rental, charges or debentures acquired by or vested in the Board includes any profits obtained from the Corporation or company established under this Act;
(cb) all moneys derived from the conduct of any project, scheme or Enterprise financed out of the Fund;
(d) all moneys received by the Board by way of a grant, contribution or a loan from the Federal Government or any State Government;
(dd) all moneys received by the Board by way of grant, donation or contribution from institutions or international agencies recognized;
(e) all sums of money donated by the States of Sabah and Sarawak;
(ee) all moneys received as fees and charges for advice or services rendered pursuant to section 20a; and

(f) all moneys belonging to or otherwise payable to the Board.
(3) the Fund shall be expended for the purposes of the following: (a) pay any expenses done legally by the Board, including — (i) remuneration of officers and servants of the Board, including lending, retirement allowance, pension or gratuity;
(ii) insurance coverage or incentives for officers and servants of the Board;
30 laws of Malaysia Act 105 (iii) higher education scholarships for officers and servants of the Board as approved by the Board;
(iv) the cost incurred in the provision of welfare officers and servants of the Board; and (v) the fees and legal costs and any fees and other costs;
(b) to grant loans or provide capital for the Corporation or company established under this Act;
(c) repaying any moneys borrowed under this Act and any interest payable on that money;
(d) subject to the approval of the Minister, make contributions to any organization, whether within or outside of malaysia, for the purpose of promoting the development of the timber industry, to encourage trade in the use and processing of timber and ensure sufficient wood supply to industrial;
(e) financing research and development activities;
(f) contribute to the body or organisation that is a member of the Board;
(g) provide loans or grants to higher education institutions in or outside malaysia for the purpose of human resource development in the timber industry;
(h) provide loans, grants, capital or any other form of assistance to any native or people involved in the timber industry, subject to the terms and conditions prescribed by the Board;
(i) pay any expense or cost incurred or received properly by the Board in the performance of its functions or exercise of its powers under this Act;
Malaysian timber industry Board (incorporation) 31 (j) purchase or rent equipment, machinery and any other materials, acquire lands and erect buildings, as well as carry out any work and another undertaking in the performance of its functions or exercise of its powers under this Act; and (k) generally, pay for any expenses for carrying out the provisions of this Act.
(4) the Minister may direct the Board so as to keep a separate account with respect to the money received by way of grants from the Federal Government or any State Government under paragraph (2) (d).
SES on the export of wood 20. (1) for the purposes of this Act the Minister may, after consultation with the Minister of finance and the Board, make an order that imposed, collected, modified or revoked a Cess on the export of all or any of the timber products listed in the first schedule.
(2) an order for the imposition, collection of Cess or variation under subsection (1) may prescribe the amount, rate and how the different collection for different types of wood in relation to different people or different people.
(3) a person who fails or refuses to pay any Cess levied under this section commits an offence and shall, on conviction, liable to a fine not exceeding ten times the amount of Cess payable or to imprisonment for a term not exceeding three years or to both.
(4) the amount of any ses imposed under this section shall be a debt due to the Board from people that Cess levied thereon and may be sued for and obtained in any court on the legal practice Board.
(5) commencement of proceedings under this section shall not relieve any person from liability to pay any ses for which he is or may become liable or from liability to make any statement that he/she is required to make it by this Act.
32 laws of Malaysia Act 105 authority to impose and collect fees and other payment form 20A. the Board may, from time to time, fix and collect fees and charges in respect of any technical advice, testing services, research, investigation provided or done by the Board or any other services provided by the Board or the use of the facilities Board in accordance with this Act.
contributions by State 21. any State can contribute to the Fund such sums as may be agreed between the Minister with the State.
power to borrow 22. the Board may, upon such terms and conditions as may be approved by the Minister, with the agreement of the Minister of finance, borrow money for the purposes of carrying out its functions.
power to invest 23. the Board may from time to time, with the approval of the Minister given with the agreement of the Minister of finance, investing the Fund or any of its share, which is not immediately required to meet the obligations of the Board or to discharge its function — (a) in investments or securities that allowed for the investment of trust funds by any written law in effect at this time; or (b) in any other investment or securities as it deems fit by the Board.
the estimated annual 24. (1) the Director General shall, not later than one month before the beginning of each financial year, presenting to the Board an estimate of revenue and expenditure, the Malaysian timber industry Board (incorporation) 33 including capital expenditures, the Board for the next financial year in such particulars and form as determined by the Board.
(2) the Director General shall cause to be sent to every Member of the Board a copy of the estimates not later than fourteen days before the date of the meeting and the estimates are presented.
Audit and annual report 25. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply in respect of accounts, audit and annual report of the Board.
26. (Cut by A776 Act).
Part iVa of the powers relating to enforcement, Seizure, Arrest, etc. the appointment of enforcement officers 26a. the Director-General may in writing appoint any number of enforcement officers who are necessary for the purposes of this Act.
power of investigation 26b. (1) an enforcement officers shall have all the powers necessary to carry out an investigation under this Act.
(2) for the purposes of subsection (1), criminal procedure code [Act 593] shall apply and someone enforcement officers shall have all the powers provided for under the code.
34 the laws of Malaysia Act 105 26C power card. (1) the Director General shall issue to each enforcement officers appointed under section 26a a power card, which shall be signed by the Director General.
(2) whenever the enforcement officer exercising any power under this Act, he shall, when requested, submit to the person against whom that power is being exercised authority card issued to him under subsection (1).
power to arrest 26d. (1) an enforcement officers may arrest without warrant any person — (a) who is found committing, attempting to commit or aiding and abetting in the Commission of an offence under this Act; or (b) the enforcement officers reasonably mengesyakinya involved in doing, trying to do or aiding and abetting in the Commission of an offence under this Act.
(2) an enforcement officer making an arrest under subsection (1) shall, without unnecessary delay is not necessary, bring the person arrested to the nearest police station, and thereupon such person shall be dealt with according to the law relating to criminal procedure currently in force.
Search and seizure with warrants 26e. (1) if it appears at the Court, based on the written information with vowed and after such inquiry as may be deemed necessary by the Court, that there is reasonable cause to believe that — (a) any premises have been used or will be used for; or (b) there is in any premises evidence necessary to conduct investigations of, the Malaysian timber industry Board (incorporation) 35 the Commission of an offence under this Act, the Court may issue a warrant to authorise any enforcement officers named in the warrant, at any reasonable time, during the day or night and with or without assistance, to enter the premises and if necessary by force.
(2) a warrant issued under subsection (1) may authorize enforcement officers to — (a) search the premises for, and to seize or transfer from the premises any wood, transport, machinery, tools, equipment, books, records, documents or other things that are reasonably believed to be able to give evidence of the Commission of the offence;
(b) take samples of any wood, or anything found in the premises for the purpose of ascertaining, by testing or otherwise, whether it was committed; and (c) make copies of or take extracts from any books, records, documents or other things found in the premises.
(3) an enforcement officers entering any premises under this section may be brought together-his collaborations of any other people and equipment as it deems necessary.
(4) an enforcement officers may, in exercise of its powers under this section, if required to do so —

(a) break open any door or gate in the premises or any fences, blockades, gates or other obstruction to the premises, to enter into the premises;
(b) transfer with violence any barriers to entry, search, seizure or transfer as he is empowered to implement them under this section; and (c) detain any person found in such premises until the search is completed.
36 laws of Malaysia Act 105 (5) where, by reason of the type, size or the lesser amount, transfer any wood, transport, machinery, tools, equipment, books, records, documents or other thing seized under this section cannot be implemented, the enforcement officer shall, in any way, prevent wood, transport, machinery, tools, equipment, books, records, documents or other things that in the premises or in the container in which it was found.
(6) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (5) or transfer of timber, transport, machinery, tools, equipment, books, records, documents or other things the dilak or try to do so commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or both of each.
Search and seizure without a warrant 26F. where a enforcement officers had reasonable cause to believe that any timber, transport, machinery, tools, equipment, books, records, documents or other things in respect of which an offence under this Act has been committed may be found in or on any premises, or the carrier and that by reason of delay in obtaining a warrant under section 26e, the purpose of the search is to be terkecewa , he may, with the consent of the Director-General, without a warrant, with such assistance, and by using violence to be — (a) enter and search the premises;
(b) detain and examine any person, a search of the vehicle, vessel or carrier; and (c) seize any timber, transport, machinery, tools, equipment, books, records, documents or other things found and may be evidence of the Commission of the offence.
Malaysian timber industry Board (incorporation) the power to enter premises 37 26g. Notwithstanding sections 26e and 26F, one enforcement officers may at any time enter any premises for the purpose of — (a) inspect any wood, transport, machinery, tools, equipment, books, records, documents or other things as he may deem necessary;
(b) verify the accuracy of the records or statements or any information provided to enforcement officers or to the Board; or (c) collecting a sample of any wood.
access to computerized data 26H. (1) an enforcement officers carrying out the search under this Act shall be given access to computerised data, whether stored in a computer or otherwise.
(2) for the purposes of this section, shall be given access, password encryption, encrypting code code, software or hardware to be and any other means necessary to allow computerised data understandable.
Seizure of objects, etc.
26i. without prejudice to section 26e (2) and section 26F, any wood, transport, machinery, tools, equipment, books, records, documents or other things reasonably suspected by an officer power amplifier has been used or will be used in the Commission of an offence under this Act may be seized and detained by the enforcement officers.
the power to stop, search and seize the carrier 26J. (1) where an enforcement officers had reasonable cause to suspect that any carrier is bringing any timber, machinery, equipment, fittings, 38 laws of Malaysia Act 105 books, records, documents or any other thing in respect of which an offence under this Act is or has done, he can stop and inspect the carrier and may, if during the examination that she had reasonable cause to believe that the carrier is or has been used for the Commission of the offence the carrier and, seize any timber, machinery, tools, equipment, books, records, documents or other things found in the carrier reasonably believed to be able to give evidence of the Commission of the offence.
(2) a person who has control of or responsible for the carrier shall, if required to do so by enforcement officers — (a) discontinue the carrier and allow enforcement officers inspect the carrier; and (b) open all parts of the carrier for inspection and take all necessary measures to enable or facilitate the examination undertaken as deemed necessary by the enforcement officers.
(3) any person who contravenes subsection (2) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
list of things seized 26k. (1) where any seizure made under this Act, an enforcement officers making the seizure shall provide a list of timber, transport, machinery, tools, equipment, books, records, documents or other things seized and about the premises in which it is found and shall sign the list.
(2) the list provided in accordance with subsection (1) shall be submitted immediately to — (a) the occupier of the premises free of timber, machinery, tools, equipment, books, records, documents or other things seized is found; and the Malaysian timber industry Board (incorporation) 39 (b) the person who has control or be responsible for the carrier, if seizure is made under section 26j.
(3) where seizure is made in or from any premises which are unoccupied, the enforcement officers shall whenever possible affixing items seized it in conspicuous place in the premises.
(4) where any timber, transport, machinery, tools, equipment, books, records, documents or other things seized other than in or from any premises, enforcement officers making the seizure shall give a notice in writing of the seizure and grounds of the seizure to the owner of the wood, the carrier, the machinery, equipment, equipment, books, records, documents or other things seized it by submitting a copy of the notice to the owner personally or by registered post to his residence or place of business.
Temporary return of carrier, etc.
26l. (1) if any carrier, machinery, apparatus or equipment seized under this Act, the Director-General may temporarily return transport, machinery, apparatus or equipment to the owner of the carrier, the machinery, equipment or the equipment or person from possession, custody or control it seized, subject to such terms and conditions as may be imposed by the Director General, and subject in any case to guarantee sufficient given until the satisfaction of the Director-General that the carrier, the machinery, equipment or fittings shall be surrendered to the Director General's request and that the terms and conditions, if any, shall be complied with.
(2) if any carrier, machinery, apparatus or equipment seized temporarily returned under subsection (1), a person who — (a) not surrender the carrier, the machinery, equipment or fittings thereof to the Director General when requested; or (b) contravenes any term or condition imposed under subsection (1), 40 laws of Malaysia Act 105 commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Sale and disposal of wood seized 26M. (1) the Director General may at any time direct that any timber seized under this Act the disposal proceeds sale and held pending the results of any prosecution under this Act if — (a) the Woods easily deteriorate its quality;
(b) the timber care involves expenses and unreasonable hardship;
(c) there is a lack or absence of adequate or appropriate facilities to store the wood; or (d) the timber is believed to cause obstruction or hazardous to the public.
(2) the Director General may, in its discretion: (a) return to the wood while the owner or person from possession, custody or control of the wood seized, subject to such terms and conditions as may be imposed by the Director-General and in any case, subject to adequate guarantees are given until the satisfaction of the Director-General that the wood will be surrendered to the Director General's request and that the terms and conditions , if any, have been complied with;

(b) return the timber to the owner or person from possession, custody or control the seized timber with freedom for people to whom the wood returned to dilupuskannya, the return of which is subject to a guarantee given until the satisfaction of the Director-General in the amount not less than the amount which in the opinion of the Director-General, is the open market value of the timber on the date it was returned for payment of the amount guaranteed is to the Director General in the event that the Court make an order for the forfeiture of the amount under section 26Q.
Malaysian timber industry Board (incorporation) 41 (3) Notwithstanding subsection (1), where an analyst appointed under section 29B certifies, or if the test results as certified by an analyst to prove, that he tested the deteriorated wood in terms of quality, the Director-General can keep them in custody, or if no prosecution was initiated with respect to the wood, causing the wood disposed of in the manner determined by the Director General.
the power to require the attendance of the person who knew the case of 26n. (1) an enforcement officers conducting an investigation under this Act may, by written notice, require the attendance before it of any person who in its opinion has knowledge of the facts and circumstances of the case and such person shall attend as required.
(2) if any person refuses to attend as required by a notice under subsection (1), the enforcement officers can report keengganannya to the Court who shall issue a warrant to secure the attendance of such person as may be required by the notice.
(3) any person who is required to appear before the enforcement officer under subsection (1) or (2) may be paid such allowance as may be prescribed by the Minister.
Examination of person who knew 26O case. (1) an enforcement officers making an investigation under this Act may examine orally any person who expected to find out the facts and circumstances of the case.
(2) such person shall be bound to answer all questions relating to the case submitted to it by the enforcement officers, but he can refuse to answer any question that the answer may disclose it to a criminal charge or penalty or forfeiture.
42 laws of Malaysia Act 105 (3) a person who makes a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly to answer that question.
(4) an enforcement officers examining a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).
(5) a statement made by any person under this section shall, whenever possible, reduced to writing and signed by the person making it or affixed with cap head jarinya, as the case may be, after — (a) it has been recited to him in the language of the statement made by him; and (b) he is given the opportunity to make any corrections he wanted.
admissibility of statements as evidence of 26P. (1) in any trial or investigation by a Court of an offence under this Act, any statement, whether the statement is about addressing to confessions or not, orally or in writing, made at any time, whether before or after the person charged and whether the current investigation under this Act or not and whether or not as a whole or in part at answering the questions , by an accused person to be heard by a person or with enforcement officers and whether or not translated to him by any other enforcement officers or any other person, whether or not involved in the arrest of that person, shall, notwithstanding any law or pillars of law to the contrary, admissible in evidence in the trial of the person and, if the person submitting himself as a witness any such statement may be used in cross-examination and for the purpose of challenging credibility.
Malaysian timber industry Board (incorporation) 43 (2) no statement made under subsection (1) may be admitted or used as provided in that subsection if the making of the statement turned out to be on the Court has been caused by any inducement, threat or promise relating to the charge against the person that comes from people in authority and sufficient in the opinion of the Court to give that person the reason that in its opinion it is reasonable to expect that by making the statement he will get any interest or avoid any worldly comes in connection with proceedings against him that.
(3) if any person arrested or informed that he may be prosecuted for any offence under this Act, shall be conveyed to it by the enforcement officers a written notice, which shall be explained to him, which means as follows: "you have been arrested/given that you might be prosecuted on............ (offences that may be committed under this Act). do you want to say anything? If there is any facts you want to use in the defense of you in court, you are advised that it is now. If you don't mention it until you go to court, the possibility of description you will be less reliable and this may bring about adverse effects on the case you generally. If you want to specify any fact now, and you want it written, this will be done. ".
(4) Notwithstanding subsection (3), any statement by any person accused of committing any offence under this Act made before there is time to serve notice under that subsection shall not be admissible in evidence merely by reason of the absence of such notice to be served on him if the notice communicated to him as soon as reasonably possible after that.
(5) no statement made by an accused person in answering a written notice delivered to him pursuant to subsection (3) shall be construed as a statement that is caused by any inducement, threat or promise as described in subsection (2), if the statement was made otherwise voluntary.
44 the laws of Malaysia Act 105 (6) where in any criminal proceedings against a person for an offence under this Act, evidence is given that the accused, when informed that he may be prosecuted for offences that, failed to state the fact, that the facts in the case of the circumstances prevailing at that time could have reasonably expected that he will mention it when informed of such, of the Court, in determining whether the prosecution has already proved prima facie case against the accused and in determining whether the accused is guilty offence charged, can make any inference from the failure in its opinion fit; and failure could be based on inference that, calculated as, or as a can is about addressing to, support of any evidence against the accused related to it that failure is a matter of material.
(7) no nothing in subsection (6) may, in any criminal proceedings — (a) prejudice the admissibility as evidence of silence or any other reactions of the accused at the time anything is said to be in his presence in relation to conduct in respect of which he is charged, to the extent that such evidence would be admissible apart from that subsection; or (b) is calculated as prevent any inference made from any silence or other reactions that can be made in addition to the accused of that subsection.
Forfeiture of wood, etc., seized 26Q. (1) any wood or timber sale revenue, or any carrier, machinery, tools, equipment, books, records, documents or other thing seized under this Act shall be dilucuthakkan.
(2) an order for forfeiture of the wood or the wood disposal proceeds, or carrier, machinery, tools, equipment, books, records, documents or other things shall be made if it is proved to the Court is satisfied that an offence under this Act has been committed and that the wood or the result of the sale of Malaysian timber industry Board (incorporation) 45 wood, or carrier, machinery, tools, equipment, books, records, documents or other things that matter for or used in the Commission of the offence , although no one has been convicted of the offence.

(3) If no prosecution in respect of any wood or timber sale revenue, or any carrier, machinery, tools, equipment, books, records, documents or other thing seized under this Act, the wood or the wood disposal proceeds, or any carrier, machinery, tools, equipment, books, records, documents or other things shall be taken and deemed to be forfeited at the end of a period of one calendar month from the date of delivery of the notice to the address last known to the person from whom the wood or the wood disposal proceeds , or any other carrier, machinery, tools, equipment, books, records, documents or other things is seized stating that no prosecution in respect of the timber or the timber sales, or any other carrier, machinery, tools, equipment, books, records, documents or other things unless before the expiry of such a claim therefor is made in the manner specified in subsection (4), (5), (6) and (7).
(4) any person who asserts that he is the owner of the timber or the timber sales, or carrier, machinery, tools, equipment, books, records, documents or other things referred to in subsection (3) and that the wood or the wood disposal proceeds, or carrier, machinery, tools, equipment, books, records, documents or other things that cannot be forfeited, may, by written notice, on its own or by his agent authorized in writing , to the enforcement officer in his possession of the wood or the wood disposal proceeds, or any carrier, machinery, tools, equipment, books, records, documents or other things that held that he demands of the wood or the wood disposal proceeds, or any carrier, machinery, tools, equipment, books, records, documents or other things that.
(5) when the notice referred to in subsection (4) is received, enforcement officers must refer the matter to the Director-General may direct that the wood or the wood disposal proceeds, or carrier, machinery, tools, equipment, books, records, documents or other things the release or may direct the enforcement officers, through written information, to refer the matter to the Court.
46 laws of Malaysia Act 105 (6) the Court to which the matter is referred under subsection (5) shall issue a summons requiring the Board and the person who pointed out that he is the owner of the timber or the timber sales, or carrier, machinery, tools, equipment, books, records, documents or other things the person from whom the wood or the wood disposal proceeds, or carrier , machinery, tools, equipment, books, records, documents or other things seized to appear before the Court, and when representatives of the Board and the present owner of the wood or any of them fail to appear, having proved that the summons has been duly served, the Court shall proceed with the examination of the matter.
(7) if it is proved that an offence under this Act has been committed and that the wood or the wood disposal proceeds, or carrier, machinery, tools, equipment, books, records, documents or other things referred to in subsection (6) is a matter for or was used in the Commission of the offence, the Court shall order the wood or the wood disposal proceeds or the carrier, machinery , equipment, equipment, books, records, documents or other things that dilucuthakkan, and shall, in the absence of such proof, ordered its divestment.
(8) any wood or timber sale revenue, or any carrier, machinery, tools, equipment, books, records, documents or other things dilucuthakkan or be deemed to be forfeited shall be sent submit to enforcement officers and shall be disposed of according to the instructions of the Court.
(9) the Board shall not be liable to any person for any deterioration, no matter howsoever occurring, in the quality of timber seized under this Act.
Property rights of wood, etc., that dilucuthakkan 26r. any wood or timber sale revenue, or any carrier, machinery, tools, equipment, books, records, documents or other things dilucuthakkan or taken and be deemed to be forfeited under this Act shall be the property of the Board.
Malaysian timber industry Board (incorporation) 47 wood Relief, etc., seized 26s. Notwithstanding section 26Q, Director General or any enforcement officers authorized in writing by the Director-General may, if he thinks fit, at any time, direct that any wood or timber sale revenue, or any carrier, machinery, tools, equipment, books, records, documents or other thing seized under this Act to a person released from possession , custody or control of the wood or the wood disposal proceeds, or any carrier, machinery, tools, equipment, books, records, documents or other things seized.
Enforcement officers can get help to check things related to offences 26t. A power amplifier can help any person qualified to examine any wood or timber sale revenue, or any carrier, machinery, tools, equipment, books, records, documents or other things seized or detained under this Act if the person has the necessary qualifications to inspect the wood or the wood disposal proceeds, or any carrier, machinery, equipment, fittings , books, records, documents or other things that for the purposes of an investigation under this Act.
the power to take samples of 26U. (1) an enforcement officers can request, choose, take or get a sample of any wood for the purpose of analysis without payment of any of the people who grow, produce, sell, or own a wood or agent or pekhidmatnya from whom the sample is obtained.
(2) the procedure for recruitment and dealing with samples shall be as prescribed by the regulations.
48 laws of Malaysia Act 105 Power Board to require information about wood, etc.
26V. (1) the Board may by notice in writing require any person undertaking any activities that involve the wood to provide the Board, within the time specified in the notice, the information relating to the wood.
(2) any person who does not provide any information relating to timber as required under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
the extra power 26W. (1) an enforcement officers shall, for the purposes of implementing this Act, have power to do all or any of the following acts: (a) require the production of records, documents and accounts of any person in respect of any matters or of an offence under this Act and examine, inspect and make copies of any records, accounts and documents thereof;
(b) require the production of any document identification of any person in respect of any matters or of an offence under this Act; or (c) make such investigations as may be necessary to determine whether the provisions of this Act have been complied with.
(2) any person who fails to comply with a requirement made under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Malaysian timber industry Board (incorporation) 49 part V Miscellaneous 27. (Struck by A1387 Act).
27A. (Cut by A1387 Act).
27B Sizzler anti-ship. (Cut by A1387 Act).
27 c. (Cut by A1387 Act).
27d. (Cut by A1387 Act).
27E. (Cut by A1387 Act).
27f. (Cut by A1387 Act).
27g. (Cut by A1387 Act).
27h. (Cut by A1387 Act).
27i. (Cut by A1387 Act).
Hurdle officer authorized 27j. any person who in any way prevent, menggalang, intercept or interfere with the Director General or any officer of the Board, in the exercise of the powers or duties under this Act or who fails to provide the assistance reasonably required by the Director General or any officer of the Board, commits an offence and, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
27 k. (Cut by A1387 Act).
28. (Cut by A1387 Act).
50 laws of Malaysia Act 105 confidentiality 29. (1) the confidentiality shall be preserved by every person carrying out an inspection or review under part iVa of all things known by him within or as a result of inspection or scrutiny, and of the contents of all books and documents were seized and detained by him under that section.
(2) any person who contravenes the requirements of subsection (1) or notify any matters required to be kept confidential under it to any person except for the purposes of enforcing the provisions of this Act commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Protection against legal proceedings

29A. the Board or any Member, officer or pekhidmatnya shall not be liable for any loss or damage that is caused to any person by reason of any act or omission or statement made as implementation or intended for implementation of its functions under this Act, unless the Act or omission or the statement has been done or made with mala fide or through reckless and careless attitude members , official, or the servants.
The appointment of analyst 29b. the Director-General may appoint any qualified person to become an analyst for the purpose of carrying out an analysis to any wood and to certify grades, species, size and any specification relating to wood.
Certificate of analysis 29C. (1) a certificate signed by an analysis analyst shall, when given by the Board in any hearing under this Act, be evidence of the Malaysian timber industry Board (incorporation) 51 enough of the facts stated in the certificate unless the accused requires that the analyst was called as a witness, in that case he shall give a written notice to the Board not less than three working days before the start of the trial.
(2) if the Board aims to provide such a certificate referred to in subsection (1) as evidence, it shall deliver a copy of the certificate to the accused not less than ten working days before the start of the trial.
Inspection or testing of timber seized 29d. If it is necessary to inspect or test any timber seized under this Act, it is sufficient to examine or test only a sample representatif from each type or description of different wood.
the cost of holding the wood, etc., seized 29e. If any of the wood, transport, machinery, tools, equipment, books, records, documents or other thing seized under this Act held in the custody of the Board pending the settlement of any proceedings in respect of an offence under this Act, the costs of holding it in custody shall, if any person who is convicted of the offence, be a debt due to the Board by the person and may be obtained accordingly.
There are no costs or damages arising from seizure can be retrieved 29F. No person shall, in any proceedings before any court in respect of the seizure of any timber, transport, machinery, tools, equipment, books, records, documents or other things seized in the exercise or purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or any damages or other relief unless the seizure is made without reasonable cause.
52 laws of Malaysia Act 105 abuse of power 30. Anyone purporting to exercise the powers under part iVa, seize or detain in annoying and in no need of any books, documents or other articles, or in the same way forbid the sale or export of any wood, commits an offence and shall, on conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or both.
Initial and handling prosecution 30a. (1) no prosecution for or in connection with any offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
(2) any officer of the Board authorized in writing by the public prosecutor can handle a prosecution for any offence under this Act.
Compounding of offences 30b. (1) the Director General may, with the consent in writing of the Prosecutor, offers in writing to compound any offence committed by any person under this Act and the set became an offence can be compounded by regulations made under this Act by making an offer in writing to that person to compound the offence to pay to the Board an amount not exceeding fifty per cent of the amount of the maximum fine for the offence within the time stated in the offer.
(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution for him started.
(3) if the amount specified in the offer under subsection (1) is not paid within the time stated in the offer or within such extended period as may be provided by the Director General, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
Malaysian timber industry Board (incorporation) 53 (4) If an offence has been compounded under subsection (1), no prosecution shall be instituted subsequently in respect of the offence against the person to whom the offer is made and the compounding of any wood or timber sale revenue, or any carrier, machinery, tools, equipment, books, records, documents or other thing seized in connection with the offence be released or dilucuthakkan by the Director General , subject to such terms and conditions as may be deemed by the Director-General should be charged according to the compound.
The whistleblower protection 30C. (1) except as provided in subsection (2) and (3), no witness in any civil or criminal proceedings may be required or permitted to disclose the name or address of the whistleblower or fill in the information received from it or specify any matter, which may cause the informant unknown.
(2) where any books, records, accounts, documents or computerised data or evidence that may be inspected in any civil or criminal proceedings contain any entry in which any informer is named or described or which might cause the whistleblower known, the Court shall cause all such statement was closed from sight or deleted only to the extent necessary to protect the informer of the unknown.
(3) if in proceedings for any offence under this Act the Court after a full investigation of the case believe that the informant intentionally make in aduannya a statement of material which he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be achieved solely between the parties in the proceedings without knowing the informant , the Court may require the production of the original complaint, if written, and allow the investigation and require full disclosure, with respect to the informant.
54 laws of Malaysia Act 105 public authorities Protection Act 1948 lbl. public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings of the Board, or against any Member, any member of a Committee, or any of its officers, servants or agents of the Board, in respect of any act, neglect or default made or done by him on such properties.
power to exclude 30e. (1) the Minister may by order published in the Gazette exempt any person, class of persons or any activity in respect of wood of all or any of the provisions of this Act.
(2) the Minister may impose such terms and conditions as he thinks fit upon any exemption under subsection (1).
jurisdiction 31. 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 full penalties provided by this Act or any rules or regulations made thereunder.
Amendment Of Schedule 32. the Minister may, after consultation with the Board, amend the schedules by order published in the Gazette.
33. General penalty any person who commits any offence under this Act or the rules or regulations thereunder for which no specific penalty is prescribed with the Malaysian timber industry Board (incorporation) 55 shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
offences by body corporate 33a. (1) where a body corporate commits an offence under this Act, any person who at the time of the Commission of the offence was a Director, Manager, Secretary or other similar officer of the body corporate or purporting to act on any such nature or with any way or up to any extent responsible of the management of any Affairs of the body corporate or assist in the management of such — (a) may separately or in association in the same proceedings together with the body corporate the; and (b) if the body corporate is found guilty of the offence, shall be deemed to be guilty of such offence unless, having regard to the type of functions on the properties and all the circumstances, he proves —

(i) that the offence was committed without the knowledge, consent or pembiarannya; and (ii) that he took all reasonable steps and conducted all due diligence to prevent the Commission of the offence.
(2) if any person under this Act shall be liable to any penalty or penalties for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employee or his agent, or employee of the agent, if the Act, omission, neglect or default that was done — (a) by its employees within its employment;
(b) by the agent while acting on his behalf; or 56 laws of Malaysia Act 105 (c) by the agent within the employee's employment with the agent or otherwise on behalf of the agent.
33b. (Cut by A1387 Act).
rules and regulations 34. (1) the Minister may, after consultation with the Board, make any rules and regulations, with the exception of rules and regulations which the Board is empowered to make under subsection (2), as it appears to him necessary for carrying out the provisions of this Act and, without prejudice to the generality of this subsection, the rules and regulations that may — (a) prescribing the form of the contract which shall be adopted by people who sell or buy wood on-site own and terms and conditions to be included in the contract;
(b) prescribing the procedures to be followed in the show cause under section 17;
(ba) prescribing species of wood are forbidden to be exported or imported;
(c) prescribing the form for notice of seizure under subsection 26k (4); and (d) state the offence can be compounded and set the compounding and how.
(2) the Board may from time to time, with the approval of the Minister, by rules or regulations — (a) prescribing the manner of applying for registration under this Act, the particulars to be supplied by an applicant, the method of registration, fees to be paid therefor, conditions or restrictions which should be imposed and the form of the certificate shall be issued upon registration;
(b) prescribing the standard processing and dry up, fixation, who, membendela or updating finished wood, and fees payable to who;
Malaysian timber industry Board (incorporation) 57 (c) set a minimum standard of health will be maintained in the premises;
(d) prescribing the manner of fixing the price of wood;
(e) prescribing the procedure to be followed, a form should be used and the fee payable by exporters or importers in the exportation or importation of timber;
(ea) establish a procedure for cultivation and selection of wood species for forest plantation;
(eb) set the forest plantation products processing;
(ec) set the management and financial procedures for forest plantation;
(ed) set the implementation of any activities of forest plantation;
(ee) prescribing how to regulate wood dipindahkapalkan and wood in transit;
(ef) establish a procedure for the recognition, certification and endorsement and fees relating to the timber industry;
(eg) establish a procedure for verification of wood and charges or fees shall be paid by any person for any technical advice service and verification of wood;
(f) provide for maintaining proper standards of conduct in carrying out trade of timber and for the management of infringement against it;
(ff) prescribing the procedure to be followed for the administration of the Fund;
(g) provide for calling and conducting meetings of the Board and its committees;
(h) (struck by A776 Act);
(i) prescribing the terms and conditions of loans granted to employees of the Board under section 19; and 58 laws of Malaysia Act 105 (j) provide for all matters of procedure and other matters, in so far as it is not included in any of the previous paragraph in this Act required or permitted to be prescribed or that need to be set to implement or give effect to the provisions of this Act.
(3) regulations made under subsection (1) and (2) may prescribe any act in violation of the rules to be an offence and may prescribe a penalty to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
discipline of officers and servants 34A. (1) there shall be a Disciplinary Committee of the Board which shall consist of two members shall be elected by and from the members of the Board, which one of them shall be elected as Chairman, and the Director-General appointed under subsection 9 (1).
(2) the disciplinary authority in respect of every such officers and servants of the Board, other than the Director-General is the Disciplinary Committee the Board established under subsection (1).
(3) the Disciplinary Committee with respect to Director General shall consist of the Secretary General of the Ministry in charge of the timber industry as the Chairman and two members shall be elected by and from the members of the Board.
(4) the Director General shall not be members of the Disciplinary Committee in any proceeding before the Committee in which he became the complainant; the place shall be taken by another Member to be elected by and from the members of the Board.
(5) in exercising disciplinary functions, the Disciplinary Committee shall have the authority to impose any disciplinary punishment as provided under any regulations made under section 34c.
Malaysian timber industry Board (incorporation) 59 (6) of the Disciplinary Committee may, subject to subsection (7), delegate any functions, powers or duties to any of its committees officers or servants of the Board, in respect of any officer or certain servants of the Board or in respect of any class or category of officers or servants of the Board, and the Committee delegated with functions, powers or duties shall perform, carry out or he fulfilled under the direction and control of the Disciplinary Committee shall have the power to repeat the study , cancel or vary any decision or finding of such Committee.
(7) no delegation shall be made under subsection (6) to allow an officer or Board member to become servants of a Committee that can exercise such disciplinary authority over the officials or servants rank higher from it.
(8) any officers or servants of the Board is not satisfied with the decision of the Disciplinary Committee or any Committee delegated with functions, powers or duties under subsection (6) may, within fourteen days, appeal in writing against such decision to the Board which may thereupon affirm, reverse or give any direction on the matter as he may deem fit and proper.
(9) the decision of the Board of appeal shall be final.
surcharges 34b. (1) if it appears to the Board that any person who is or has ever worked with — (a) has failed to collect any money owed to the Board pemungutannya be its duties;
(b) is or has been responsible for any payment of money out of the Fund which should not be made or for any payment of money not approved accordingly;
60 laws of Malaysia Act 105 (c) is or has been responsible, directly or indirectly, for any deficiency in, or for destruction of any moneys, stamps, securities, storage or other property of the Board;
(d) as or as someone who used to be the accounting officer, not or failed to keep proper records or account;
(e) has failed to make any payment, or is or has been responsible for any delay in the payment of money out of the Fund to any person to whom payment is to be made under any contract, agreement or arrangement made between the person with the Board, the Board shall deliver a written notice to him requesting show cause why he should not be disurcaj, and if a satisfactory explanation is not provided within the period of fourteen days from the date of delivery of the notice referred to earlier to the Board about the failure to collect payment should not be made, payments that were not approved properly, lack of or destruction or failure to keep proper records or accounts, or the failure to make payment, or delay in making payment, then the Board may mensurcaj a sum of money against the person which does not exceed the amount of any such amount not collected, any payment, lack of, or loss or the value of the property destroyed , as the case may be; and with respect to the failure to keep proper records or accounts, or the failure to make payment, or delay in making payment, the Board can mensurcaj any amount of money against the person as it deems fit by the Board.
(2) the Chairman shall cause the Director General informed of any surcharge made under subsection (1) and the Director-General shall thereupon notify the person who disurcaj it in writing.

(3) the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it turns out otherwise that no surcharge should be made, and the Chairman shall forthwith cause the Director-General to be notified of the withdrawal.
Malaysian timber industry Board (incorporation) 61 (4) the amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the Board of the person against whom a surcharge is made and can be sued for him and be obtained in any court and can also be obtained through the deduction of — (a) from the salary of the person who disurcaj if the Board directs such; or (b) the pension of people who disurcaj if the Board so directs, through equal monthly instalments not exceeding one quarter of the total monthly salary or pension, as the case may be, that person.
power to make rules of disciplinary 34c. (1) the Board may, with the approval of the Minister, make any disciplinary regulations as he may deem necessary or expedient to provide disciplinary officers and servants on board.
(2) the disciplinary regulations made by the Board under this section may contain provisions on hold the work with reduction of salary or other remuneration, or provide for suspension work without salary or other remuneration, an officer or the Board of servants pending disciplinary proceedings have been completed.
(3) the disciplinary regulations made under this section shall create any disciplinary offence and provide about any disciplinary punishment as may be thought fit by the Board, such allotted and the sentence may include dismissal or demotion.
(4) the disciplinary regulations made under this section shall, in establish a procedure for disciplinary proceedings, the person against whom the disciplinary proceedings taken to make representations before a decision was reached by the disciplinary authority on disciplinary charge made against that person.
62 laws of Malaysia Act 105 Minister's power to issue instructions 35. (1) the Board shall be responsible to the Minister and the Minister may, from time to time, issue instructions regarding any aspects of functioning of the Board and the Board shall be bound by something the command.
(2) the Board shall provide to the Minister any statement, accounts and other information with respect to the property and its activities as may be required by the Minister from time to time.
Part Vi Repeal And transitional provisions Repeal and disestablishment 36. the Act of the Board of Malaysian timber export Industry (incorporation) Act 1966 [Act 12 1966] is hereby repealed and export Malaysian timber Industrial Board established thereunder (in this section referred to as "the Board formerly") hereby dissolved.
The transfer of the powers, rights, liabilities and obligations 37. All the powers, rights, privileges, obligations or obligations belong to the Board formerly immediately before the appointed day shall start from the day it was down to the Board.
The transfer of ownership of property 38. (1) all land vested in, or reserved under any written law relating to land for the purpose, the Board formerly immediately before the appointed day shall on that day, deemed to be vested in or reserved for the purposes of the Board, as the case may be.
Malaysian timber industry Board (incorporation) 63 (2) all property and assets, other than land vested in the Board of past or in any person on behalf of the Board formerly immediately before the appointed day shall on that day, vested in the Board.
existing contract 39. All deeds, bonds, agreement, instrument and rules of work still exists immediately before the appointed day and affecting any property transferred ownership under section 38 shall be in full force and effect against or for the benefit of the Board and shall be fully and effectively as if the Board were named therein or become a party to it, in lieu of the Board past or any person acting on behalf of the Board first.
Continuation of the criminal proceedings and civil law 40. (1) good abolition under section 36 or anything contained in this Act shall not affect the liabilities of any person prosecuted or sentenced because offences under the Act that repealed it before the appointed day, or any proceedings brought before that day in respect of the offence.
(2) any proceedings, whether civil or criminal, or cause of action is pending or existing immediately before the appointed day by or against the Board formerly or any person acting on behalf of the Board formerly can be continued or commenced by or against the Board as it may be continued or commenced by or against the Board of past or that person if this Act was not approved.
(3) any appeal brought or any permission to appeal applied for on or after the appointed day against a decision given before that day in any legal proceedings to which the Board previously become parties may be brought by or against the Board.
64 the laws of Malaysia Act 105 41 Fund Transfer. All moneys in, or payable to, the Fund Board formerly shall be in days moved to fund established under section 19 of this Act.
Continuation of 42 officers and servants. every person who, immediately before the appointed day, have been working as an officer or Board formerly servants shall on that day to be employed as an officer or servants, as the case may be, the Board of the terms and conditions of service that are similar to those obtained by them immediately before the appointed day that.
saving for existing certificate holders 43. (1) Notwithstanding the revocation made under section 36 or notwithstanding any other provisions of this Act to the contrary — (a) every person who, immediately before the appointed day, have been holding a certificate of registration of the export or temporary valid 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 is subject to the terms and conditions imposed upon him; and (b) every person who, immediately before the appointed day, has held a valid certificate of registration as a supplier of timber 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 is subject to the terms and conditions attached to it.
(2) every certificate according to the currency of a person deemed, under subsection (1), be registered under this Act shall be deemed to have been issued under this Act; and the Board may amend the terms and conditions attached to the certificate for the purpose of menyelaraskannya with Board policy with respect to impose such conditions and restrictions on registration under this Act.
Malaysian timber industry Board (incorporation) 65 (3) of section 17 and 18 relating to cancellation of registration shall apply to all persons deemed, under subsection (1), be registered under this Act.
(4) where a person who is deemed, under subsection (1), be registered under this Act to be registered under this act as an exporter or supplier, as the case may be, after the expiry of the period for which he is deemed to be registered under this Act, he may apply to the Board to be registered under section 14, and the application shall be regarded as a new application and not as an application for renewal of registration.
Prevents anomalies 44. (1) if any difficulties arising in connection with the transitional provisions contained in this part, the Minister may by order, subject to subsection (2), make any modifications it as it turns out it is necessary to prevent anomalies.
(2) the Minister may not exercise the powers conferred by subsection (1) after the expiry of two years from the day specified.
the first schedule [section 2] definition of wood Timber Products and Descriptive System Encoding Harmonizing Commodity plants and plant parts of the type that is primarily used in perfume making process or wood-based pharmacy agarwood (Aquilaria spp.) or wooden Cendana 1211.90 200, 300, 900 1211.90 1211.90 bamboo rattan 1401.20 1401.10 agarwood oil 3301.90 100 66 laws of Malaysia Act 105 of wood Products and Descriptive System Harmonisation Commodity Coding Wood Waste , wood fire, wood or wood serpai particles, sawdust and debris wood charcoal 44.01 44.02 round logs (including wood round and jaras) and logs the same squares or rectangular half of the same rough cut wood 44.03 roughly flat, solid bracelets, jaras sides, piling and sharp spikes hardwood blend 44.04 (wood scroll, wood flour) 4405.00 wood railway or tram (cross binders) 44.06 sawn timber and Veneer 44.08 44.07 berketam wood mouldings laminated wood, 44.09

wood products formed again (e.g. Particleboard/Board wafer Board, serpai Board, terhala Board, scroll threading and release biokomposit) 44.10 fibreboard (medium density fibreboard for example, insulation boards, hard fibreboard and release biokomposit) 44.11 plywood, veneer, wood laminated panel similar (example: Board bungkah, lamin Board and Board baten) 44.12 dense wood timber frames 4414.00 4413.00 000 000 box holes , box, pak, drums and other similar packaging, cable drum, pallets, box pallets and other load boards, pallets, collars made of wood 44.15 Malaysian timber industry Board (incorporation) 67 Wood Products and Descriptive System Harmonisation Commodity Coding, wooden barrels, wine barrels, Lee on tabs and other products maker barrels and other parts made of wood, including the registered holder 4416.00 000 tools brooms and brushes, as well as body 4417.00 000 Carpentry joinery and carpentry of wood, including cellular wood panels, parquet panels installed, syrup/genting wood and cleft palates 44.18 tableware and kitchen appliances, which are made of wood 4419.00 000 tatahan Patterns and wood bertatah wood; coffin, box for jewelry or knife, spoon, fork, and similar items that made of wood; statues of wood and other wood jewelry; wooden furniture items that are not included under the customs duties order 2007 [P.U. (A) 441/2007] 44.20 44.21 other wood products wood Pulp, 47.01 47.02, 47.03, 47.04, 47.05, 47.06 seat made of cane, osier, bamboo or similar materials; other seats, with wooden frame; upholstery; other seat 9401.51 000, 9401.59 000, 9401.61 000, 9401.69 000 types of wood furniture that is used at the Office, in the kitchen and in the bedroom; other wood furniture; Walker for babies; fume cupboards for use in medical laboratories; other wood furniture 9403.30 000 9403.40 000, 9403.50, 000, 9403.60 100, 9403.60 200, 900 9403.60, 9403.81 100, 9403.81 200, 300, 900 9403.81 9403.81, 9403.89 100, 9403.89 200, 300, 900 9403.89 9403.89 prefabricated building, made of wood 9406.00 200 68 laws of Malaysia Act 105 second schedule [Subsection 3 (2)] an additional allocation of the Board 1. (1) a Board member — (a) is not present or is not represented by an alternate member, if any, three consecutive Board meetings without reasonable cause or without the written permission of the Chairman;
(b) has been found or declared as not of unsound mind;
(c) has become bankrupt or made an arrangement with his creditors; or (d) has been convicted of any offence involving fraud, dishonesty or moral turpitude or of any offence under this Act or under the rules or regulations thereunder, shall cease to hold office.
(2) subparagraph (1), in addition to subsubperenggan (1) (a), shall apply mutatis mutandis for every alternate member.
(3) there shall be paid to the members of the Board, or to any of them as may be determined by the Minister, such allowances as determined by him.
(4) the appointment of every Member and alternate member of the Board shall be published in the Gazette.
(5) no member of the Board may incur personal liability for loss or damage caused by any act or omission in administering the Affairs of the Board, unless the loss or damage caused by an act or omission is wrong inflicted on him.
2. (1) the Board shall meet at least four times a year.
(2) the quorum for the Board is eight people.
(3) if in any meeting of the Board, the Chairman or person carrying out the functions of the Chairman is not present, the members present shall appoint one of them to chair the meeting.
(4) where on any question to be determined by the Board there are the same number of votes, the Chairman or member of many who chaired the meeting shall have a casting vote.
(5) subject to subparagraph (1), (2), (3) and (4), the Board shall determine its own procedure.
Malaysian timber industry Board (incorporation) 69 (6) the seal of the Board shall be authenticated by the Chairman and one other Board Member, and any document purporting to be sealed by the seal of the Board shall be deemed to be authenticated and sealed with valid until akasnya shown.
Third Schedule [section 2 and Subsection 5 (1)] associations recognised Name number of Representative of the Malaysian Panel Manufacturers Association (mPma) 1 Association of operators of wood and furniture malaysia (Sensitive) 1 Industrial Timber malaysia Association (mwia) 1 wood Exporters Association of malaysia (team) 1 Council mouldings and joinery malaysia (mwmjC) 1 Council Furniture malaysia (1999) the Fourth Schedule 1 [Subsection 12 (4a)] the power of the Board to make regulations in respect of the Corporation 1. the Board shall, on or before the date on which any corporation established under section 12, make regulations with respect to the Corporation that determine — (a) the purpose and objectives of the Corporation is established;
(b) the rights, powers, duties and functions of the Corporation;
(c) the system of management of the Corporation; and (d) the relationship between the Corporation with the Board and the Board of control rights over the Corporation.
70 laws of Malaysia Act 105 power limitations to establish the Corporation 2. There is nothing in paragraph 1 shall be deemed to authorize the Board to make regulations for any purpose or purposes of wider public lingkupnya of meaning or purpose for which the Board is established or give any Corporation any rights, duties, powers or functions not included in the rights, duties, powers or functions of the Board under this Act.
effective regulations 3. subject to the provisions of this Act and any regulations made under section 34, any regulations made under paragraph 1 shall be binding on the Corporation in respect of which regulations is made and shall have effect for all purposes as-by regulations that have been made in this Act.
Amendment of regulations 4. the Board may at any time amend, cancel or add to any regulations made under paragraph 1 in respect of any corporation.
Express Corporation 5. the Board shall keep a register in the prescribed form of all Corporation established by him under section 12 and express that, together with a copy of all regulations made under paragraphs 1 and 4, shall be open to public inspection at the place or places and at any time as may be determined by him.
Winding up 6. (1) the Board may, with the approval of the Minister, by order published in the Gazette, direct that any corporation established by him wound up and dissolved.
(2) upon the dissolution of any corporation under this paragraph, the assets of the Corporation shall be transferred to and vested in the Board once all liabilities met.
(3) the winding up of a corporation under this paragraph shall be carried out in the manner prescribed by the Board.
Malaysian timber industry Board (incorporation) 71 the Corporation shall be a body corporate 7. every corporation established under section 12 shall be a body corporate with any name given by the Board and shall have perpetual succession and a common seal and may sue and be sued in the name of that and, for the purpose of implementing the project, scheme or Enterprise for which it was established, can enter into contracts, and can hold and make any arrangement in respect of any immovable property or movable property and be able to do all things and other things incidental or related to a body corporate in accordance with the provisions of this Act and subject to such restrictions or limitations as may be prescribed by the Board in each case.
Seal 8. (1) every corporation shall have a common seal which shall bear such a design approved by the Corporation, with the approval of the Board and such seal may be broken, changed, altered or made anew as it deems fit by the Corporation with the approval of the Board.
(2) until a seal is provided by the Corporation, a stamp bearing the name of the Corporation may be used and shall be deemed to be the common seal.
(3) the common seal shall be kept in the custody of the person authorized by the Corporation, and shall be authenticated by the person; and all deeds, documents and other instruments purporting to be sealed with the seal, certified as aforesaid, shall be deemed to have been validly executed until the contrary is proved: provided that any document or instrument which if executed by a person not being a body corporate shall not be required to be sealed may be executed in a manner similar to that provided by the Corporation; and any other document or instrument may be executed on behalf of the Corporation by any officer or servants of the corporation authorized generally or specially by the Corporation for that purpose.
(4) the common seal of every corporation shall be officially and judicially noticed.

72 the laws of Malaysia Act 105 laws of Malaysia Act 105 Malaysian timber industry Board Act (incorporation) 1973 List Amendment law short title force amend from P.u. (b) 115/1974 amendment of third Schedule Act 08-03-1974 Malaysian timber industry Board (incorporation) Act 1973 currency Act 160 malaysia 29-08-1975 (dollars) 1975 a358 Act Industrial Board Act 22-10-1976 wood malaysia (incorporation) (Amendment) Act 1976 P.u. (a) 357/1980 Order Courts Act 01-06-1981 low (extension) 1980 Act Industrial Board Act a776 08-08-1991 Malaysian timber ( Incorporation) (Amendment) order 1990 P.u. (b) 614/1993 amendment of first schedule 24-12-1993 Malaysian timber industry Board Act (incorporation) 1973 P.u. (b) 469/1995 amendment of third schedule 29-09-1995 Malaysian timber industry Board Act (incorporation) 1973 P.u. (b) 98/1998 amendment of third schedule 06-03-1998 Malaysian timber industry Board Act (incorporation) Act 1973 a1387 Industrial Board Act 15-03-2011 timber malaysia (incorporation) (Amendment) order 2010 P.u. (a) 382/2011 Board Industrial 29-11-2011 Malaysian timber (Amendment of third schedule) 2011 Malaysian timber industry Board (incorporation) 73 law Malaysia Act 105 Malaysian timber industry Board Act (incorporation) 1973 list of Section amended Section power amend with effect from 2 Act a776 08-08-1991 Act a1387 15-03-2011 4 Act a776 08-08-1991 Act a1387 15-03-2011 5 Act a776 08-08-1991 5a Act a776 08-08-1991 7 Act a776 08-08-1991 8 Act a776 08-08-1991 9 Act a776 08-08-1991 Act a1387 15-03-2011 No.9A Act a776 08-08-1991 a 9b a358 Act 22-10-1956 Act a776 08-08-1991 9 c a1387 Act 15-03-2011 12 Act 160 29-08-1975 Act a776 08-08-1991 Act a1387 15-03-2011 12a a1387 Act 15-03-2011 13 Act a776 08-08-1991 Act a1387 15-03-2011 13a Act a776 08-08-1991 Act a1387 15-03-2011 74 laws of Malaysia Act 105 Section power amend with effect from 14 Act a776 08-08-1991 Act a1387 15-03-2011 14a of Act a776 08-08-1991 15 Act a776 08-08-1991 Act a1387 15-03-2011 17 Act a776 08-08-1991 18 Act a776 08-08-1991 – 18a 18b Act a1387 15-03-2011 19 Act a358 22-10-1956 Act a776 08-08-1991 Act a1387 15-03-2011 20 Act a1387 15-03-2011 20a Act a776 08-08-1991 a1387 Act 15-03-2011 21 Act a1387 15-03-2011 22 Act a776 08-08-1991 23 of a776 08-08-1991 24 Act a776 08-08-1991 25 Act a776 08-08-1991 26 Act a776 08-08-1991 26a – 26w a1387 Act 15-03-2011 27 Act a776 08-08-1991 Act a1387 15-03-2011 27a-27 k Act a776 08-08-1991 Act a1387 15-03-2011 28 Act a776 08-08-1991 Act a1387 15-03-2011 29 Act a776 08-08-1991 Malaysian timber industry Board (incorporation) power to amend Section 75 effect from 29a Act a776 08-08-1991 29b – 29F a1387 Act 15-03-2011 30 Act a776 08-08-1991 Act a1387 15-03-2011 30a Act a776 08-08-1991 Act a1387 15-03-2011 30b Act a776 08-08-1991 Act a1387 15-03-2011 30e a1387 30C – Act 15-03-2011 32 Act a1387 15-03-2011 33 Act a776 08-08-1991 Act a1387 15-03-2011 33a Act a776 08-08-1991 Act a1387 15-03-2011 33b Act a776 08-08-1991 Act a1387 15-03-2011 34 Act a776 08-08-1991 Act a1387 15-03-2011 34a – 34C Act a776 08-08-1991 first schedule of Act a776 08-08-1991 P.u. (b) 614/1993, 24-12-1993 Act a1387 15-03-2011 the second table Act a776 08-08-1991 Act a1387 15-03-2011 third schedule P.u. (b) 115/1974 08-03-1974 Act a776 08-08-1991 P.u. (b) 469/1995 29-09-1995 P.u. (b) 98/1998, 06-03-1998 Act a1387 15-03-2011 P.u. (a) 382/2011 29-11-2011 Fourth Schedule Act a1387 15-03-2011