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PLANT VARIETIES BOARD

Establishment of the Board

3. A board by the name of "Plant Varieties Board" is established.

Functions and powers of the Board

4. (1) The functions of the Board shall be—

(a) to perform the duties and functions and exercise the powers as may be provided for in this Act;

(b) to set appropriate systems for the examination of new plant varieties;

(c) to consider and approve or reject applications for registration of new plant varieties and grant of breeder's rights;

(d) to impose fees or administrative charges to be paid under this Act;

(e) to set terms and conditions pertaining to the samples of registered plant varieties deposited at centres approved by the Board under section 27;

(f) to impose any terms and conditions for the research and experimental use or export of any registered plant variety developed from local genetic resources or by indigenous people;

(g) to keep and maintain a record of other plant varieties which are not registered in the Register of New Plant Varieties;

(h) to administer and control the Plant Varieties Fund;

(i) to appoint any person, government department or organization to be an Examiner for the purposes of conducting a substantive examination under section 21;

(j) to revoke, surrender, assign or transmit any breeder's right granted under this Act;

(k) to advise the Minister on all matters pertaining to this Act; and

(l) to do such other things as it considers fit to enable it to perform its functions effectively or that are incidental to the performance of its functions.

(2) The Board shall have all such powers as may be necessary for or in connection with the performance of its functions under subsection (1) or which are reasonably incidental to such performance.

Membership of the Board

5. (1) The Board shall consist of the following members:

(a) the Director General of the Department of Agriculture, Peninsular Malaysia who shall be the Chairman;

(b) the Director General of the Malay sian Agricultural Research and Development Institute;

(c) the Director General of the Malaysian Rubber Board;

(d) the Director General of the Malaysian Palm Oil Board;

(e) the Director-General of the Malaysian Cocoa Board;

(f) the Director-General of the Forest Research Institute of Malaysia;

(g) the Director of Agriculture, Sabah; (h) the Director of Agriculture, Sarawak;

(i) a representative from the Ministry of Agriculture and Agro-based Industry;

(j) a representative from the Ministry of Plantation Industries and Commodities;

(k) a representative from the Ministry of Domestic Trade and Consumer Affairs; and

(I) a representative from the Ministry of Science, Technology and Innovations.

(2) The Minister shall appoint a senior officer of the Department of Agriculture, Peninsular Malaysia, to be the Secretary to the Board.

Alternate member

6. (1) The Minister may appoint a person to be an alternate member in respect of each person who is a member of the Board under paragraphs 5(1)(a) to (h) to attend meetings of the Board in place of the member when that member is for any reason unable to attend.

(2) When attending meetings of the Board in place of a member, an alternate member shall for all purposes be deemed to be a member of the Board.

Meetings of the Board

7. (1) The Chairman shall preside over every meeting of the Board.

(2) Notwithstanding subsection (1), if for any reason the Chairman is unable to attend a meeting of the Board, the members present shall elect from among themselves a member to preside over the meeting, and the member elected shall exercise the powers of the Chairman for the duration of that meeting and shall be deemed to be the Chairman for the purposes of that meeting.

(3) The quorum of the Board shall be six.

(4) If on any question to be determined by the Board there is an equality of votes, the Chairman shall have the casting vote.

(5) The Board shall meet at such place and time as may be determined by the Chairman.

Board may invite others to meetings

8. The Board may invite any other person to attend any meeting of the Board for the purpose of advising the Board on any matter under discussion, but that person shall have no right to vote at the meeting.

Provision of facilities by Ministry

9. The Ministry shall provide the Board with the staff, funds and other facilities as are necessary to enable it to carry out its functions.

Plant Varieties Fund

10. (1) A fund to be known as the "Plant Varieties Fund" which shall be administered and controlled by the Board is established.

(2) The Fund shall consist of—

(a) such sums as may be provided from time to time by the Government or any State Government for the purposes of this Act; and

(b) moneys, fees and other charges received by the Board under this Act.

Expenditure to be charged on the Fund

11. The Fund shall be expended for the purpose of paying any expenditure incurred by the Board for carrying into effect the provisions of this Act.

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Provision of facilities by Ministry |Plant Varieties Fund 
Expenditure to be charged on the Fund