The Malaysian Timber Industry

The Malaysian Timber Industry has its humble beginning as an upstream industry that export sawn logs, saw-milling and plywood. It was fragmented and characterised by small family-owned establishments mostly operating saw mills. They were labour intensive and do not use much modern mechanisation  and automation.

It was only when the furniture sub-sector became a runaway success story that the timber industry began to claim a more significant stake in growing the national economy.

In 2008, timber contributed 3.7% to total merchandise export with an export market value of RM 22.5 billion. It employed more than 300,000 workers (3.5% of total employment)and constituted 4.07% of the GDP of the nation that year.

If not for a total ban of cut log export from Peninsular Malaysia, the growth of the timber industry would not have been that momentous. This policy immediately cuts away the ground from which foreign competitors obtained raw materials from Malaysia to develop downstream products that actually competes with Malaysian wood products in the global market places. More importantly, for the first time, investors in the industry could plan to go into downstream processing because of a stable supply of raw materials.

Even so, investments in the timber industry has been on the decline. From investment statistics provided by MIDA, investments in 2009 has diminished compared to 2007 and 2008.  In terms of investment in furniture it has shrunk 43% from RM309.1 million in 2007 to RM174.7 million in 2009. Similarly investments in panel products have slid by 79%  from RM766.5 million to RM162.7 million in 2009 while investment in non-wood products had slipped 75% from RM233.8 million to RM56.7 million in 2009.

                                           Investments in Timber Industry 2007-09 (MIDA)

Apart from raw materials sourced from natural jungles, timber is also obtained from cash crop plantations such as oil palm and rubber estates. Lately, forest plantations are being developed to strategically provide  timber resources to the industrial sector that are not only sustainable but legal.

Saving and Repeal.

 These are the two last rules of the Commissioners for Oaths 1993.

Rule 24 is a savings rule. For Commissioners for Oaths appointed prior to April 1993 who are not public officers, they will continue the functions of a Commissioner until the 31^st December 1993. 

For Commisioners who are public officers, their appointment shall cease on 30^th June 1993.

Rule 25: This is a  rule  to repeal  the Commissioners for Oaths Rules,1988.

Commissioner for Oaths-Miscellany

Part XII  of the Commissioners for Oaths,1993 discusses the forms in the Schedule, a saving provision and a repeal of an earlier set of rules.
 

Rule 23 refers to the 10 forms in the Schedule.

What are these forms?

Form 1: This is the form used when someone applies to become a Commissioner of Oaths. It lists the particulars of the applicant and the documents that must be supplied along with his or her application. It also incorporates a Statutory Declaration to be made by the applicant.

Form 2:  This form is used in the appointment of a Commissioner for Oaths for a public officer. A recent photograph must be attached to the form and the appointment will be signed by the Chief Registrar of the Supreme Court of Malaysia.

Form 3: This form is used in the appointment of a Commissioner for Oaths for other persons not a public officer. . A recent photograph must be attached to the form and the appointment will be signed by the Chief Registrar of the Supreme Court of Malaysia.

Form 4:  This is a reappointment application to be a Commissioner for Oaths. Apart from the need to furnish personal particulars again, the applicant must enclosed a money order/crossed cheque of RM120.00/RM240. A Statutory Declaration is also required in this application.

Form 5:  This form explains what are the information to be placed on an identification tag, the colour of the background as well as wordings and the dimensions of the tag.

Form 6: This form shows what a julat is and what is the text required in a julat.

Form 7: This form shows what should be written in a register to be kept by a Commissioner. It must have information like the date when a person seeks your service, his name and identity card/passport number, the nature of the documents administered, the number of exhibits, the fees charged and the signature of the deponent or maker of the document.

Form 8:  This form is the Report of by a court officer duly delegated to do such an inspection and investigation.

Form 9:  This form describes the technical specification of the seal of a Commissioner other than a public officer.

Form 9A: This form describes the technical specification of the seal of a Commissioner who is a public officer.

Pay the Penalty

Every Commissioner for Oaths must be responsible and act in that manner too. 

Any infraction in behaviour or of the Commissioners for Oaths rules, 1993 and you will pay the penalty.

Part XI expressly states that a Commissioner who fails to comply with the following rules 11,12,14,15,16,19 and 21 will have to ‘face the music’. When he is found guilty for any of these offences and convicted, he can be fined not exceeding RM1, 000 or to an imprisonment term not exceeding 6 months. He can also be both fined and imprisoned.

Let us look what are these Rules.

Rule 11: An offence to function as a Commissioner who are also solicitors and advocates for persons  if they are representing such persons in court as their solicitor and advocate.

Rule 12: An offence to function as a Commissioner for Rule 12 (a) and 12(b) for documents prepared by the Commissioner himself/herself.

Rule 13: For poor conduct and negligently performing duties as a Commissioner.

Rule 14: For not maintaining a register or poorly maintaining one and not submitting it to the Registrar on time or on request.

Rule 15:  For changing address of business without prior consent of the Lord President in writing.

Rule16: Not displaying the letter of appointment in the specified form and manner.

Rule 19: Seal and identification numbers not in order as specified by Rule 19.

Rule 21: Not following the rate of fees and conditions for receiving such fees

The Fees Paid for Services

This is,as usual, ought to be the most interesting part of the job, I should say. However, the scale of fees currently is not too attractive and perhaps should be revised with the time of hyper inflation that we know
now.

Let us see what are the kinds of fees that a Commissioner for Oath recieved for his official functions and duties.

Rule 21 of Part X on "Fees' stipulates in sub-rule (1) that the fee to be levied by a Commissioner for Oath shall not exceed-
(a) four ringgit for taking an original affidavit and shall not exceed two ringgit on each exhibit referred to therein and required to be marked.
(b)two ringgit for marking any duplicate or photostat copy of the affidavit and one ringgit on each copy of exhibit referred to therein.


And for public officer,watch out for this caveat.

An affidavit that has been declared by law to be exempt from payment of stamp duty shall be exempt from any fee when the affidavit is taken by a Commissioner for Oath who is a public officer.

The fee chargeable under sub-rule (1) will be as follow:

Sub-rule 2(a) states that the fee charged by a public offcier in the course of performing the funcitons as a Commissioner for Oaths shall be collected praecipe and shall form part of the Federal consolidated Fund.

Sub-rule 2(b) states clearly that the fees charged by any other persons in the course of performing the functions of a Commissioner for Oath is to be retained by him or her.

So, do you think it is high time for an upward revision of fees?

The Commissioners's Seal and Identification Number

Yes, we are back to look at the seal and identification number of a Commissioner for Oath. Part IX of the Commissioners for Oath Rules, 1993 tells you about the provision of an identification number and the seal of the Commissioner.

Rule 19(1) states that every Commissioner shall have a seal as prescribed in Form 9  which must incorporate his identification number and name.

According to Amendment (1A) [Ins. P.U. 26/96], every public offcier appointed as a Commissioner shall have a seal as prescribed in Form 9A in corporating the Commissioner's identification number, his name and the name of the department where he works currently.

Sub-rule (2) states that the Commissioner's identification number shall be thatwhich is stated in his letter of appointment.

Rule 19 tells us about the 'Proof of Oath'. It states clearly that no oath shall be deemed to have been duly administered unless the Commissioner's seal has been affixed to, and the Commissioner has signed the document,deed or instrument in respect of which the oath was administered.


This is a simple section more of form  then of substance.

Breached and You Are Beached

This is the punishment bit. Screw up and you are booted out.

If you want to be a good Commissioner for Oath, play by the rules.

Part VIII tells you how your appointment can be revoked by the Lord President (LP).

In Rule 18(1),the LP can revoke your appointment for the breach of any of the rules of the Commissioners for Oath Rules,1993. He can do so for any other cause as well.

When a Commissioner for Oath is charged with any criminal offence or served with any bankruptcy proceedings he shall forthwith according to Rule 18(2), provide the LP with details of such charge or action brought against him. Again, it is up to the discretion of the LP to suspend his appointment pending the outcome of such criminal or bankruptcy proceedigns.

When he is convicted for any criminal offense or adjudicated a bankrupt, his appointment as a Commissioner will automatically be revoked [(Rule 18(3)].

So, do not commit any crimes and do not be over-geared in loans.