*PERBADANAN KEMAJUAN KRAFTANGAN MALAYSIA ACT 1979

Upon the commencement of this Act, the corporation known as

“Lembaga Kraftangan Malaysia” established by the Majlis Amanah

Rakyat

(Lembaga

Kraftangan

Malaysia)

Order 1973

[P.U.(A) 299/1973] shall be known as the Perbadanan Kemajuan

Kraftangan Malaysia, shall be deemed to be the corporation established under subsection (1), and shall cease to be regarded as a corporation established by the Majlis Amanah Rakyat under section 25 of the Majlis Amanah Rakyat Act 1966 [Act 489].

Perbadanan Kemajuan Kraftangan Malaysia 9

Membership of the Perbadanan

a Chairman;

a Deputy Chairman;

the Director General; and

not less than five nor more than nine other members of whom at least three shall be public officers.

The members of the Perbadanan, other than the Director

General, who becomes a member by virtue of his appointment as

Director General, shall be appointed by the Minister.

The Minister shall, in respect of each member of the Perbadanan who is a public officer, appoint an alternate member who may attend any meeting of the Perbadanan which the member concerned is for any reason unable to attend; and an alternate member, when attending a meeting of the Perbadanan, shall for all purposes be deemed to be a member of the Perbadanan.

A member of the Perbadanan, other than the Director General, shall, unless his appointment is sooner revoked or he sooner resigns, hold office for two years, but is eligible for reappointment.

Every person who was a member or alternate member of the

Perbadanan immediately before the commencement of this Act shall, upon such commencement, cease to hold office as member or alternate member, as the case may be, but any such person may be appointed afresh under subsection (2) or (3).

Remuneration and allowances

The quorum for a meeting of the Perbadanan shall be four.

If on any question to be determined at any meeting of the

Perbadanan there is an equality of votes, the person presiding over the meeting shall have a casting vote.

Duties of the Perbadanan

to promote and, where necessary, to stimulate and rehabilitate traditional skill and craftsmanship;

to develop, and stimulate the growth and maintain the standards of, the handicraft industry by various means, including the provision of research, advisory, and extension services;

to guide, orientate, and assist existing craftsmen towards the use of modern methods of production, management, and marketing;

to regulate, develop, and improve the quality and maintain the standards of handicraft products for local and foreign markets; and

to promote the marketing and export of handicraft products.

In the discharge of its duties under subsection (1), the

Perbadanan shall place due importance on the need to protect the special interests of traditional craftsmen.

Perbadanan Kemajuan Kraftangan Malaysia 11

Powers of the Perbadanan

to provide training facilities and to control and supervise the implementation of training projects and programmes;

to bring about sufficient production of handicraft products for export purposes;

to develop and supply raw materials for the use of the handicraft industry;

to provide plant, machinery, equipment, and tools required by the handicraft industry;

to disseminate information to the public on the various aspects of the handicraft industry;

to conduct research towards raising the standards of the handicraft industry;

to provide incentives in any form or manner for the handicraft industry;

to establish centres, subcentres, workshops, and other premises for the undertaking of research and other activities necessary for the development of the handicraft industry;

to establish warehouses for the storage of handicraft products and raw materials for making handicraft products;

to carry on the business of producing, marketing, and exporting handicraft products on a commercial basis;

to receive, in consideration of the services rendered by the

Perbadanan, such commission or payment as may be agreed upon; and

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to prescribe and levy fees of other charges in respect of facilities, services, plant, machinery, equipment, tools and raw materials provided by the Perbadanan in the performance of its duties and the exercise of its powers under this Act.

Power to establish subsidiary corporations and companies

by order published in the Gazette, establish a subsidiary corporation by such name as the Perbadanan may think fit;

establish or promote the establishment of a company by such name as the Perbadanan may think fit; or

take-over any company, to carry out and have the charge, conduct, and management of any project, scheme or enterprise which has been planned or undertaken by the Perbadanan in the execution of its duties under section 7 or the exercise of its powers under section 8.

The provisions of the Schedule shall apply to every subsidiary corporation established by the Perbadanan under subsection (1) and the provisions of the Companies Act 1965 shall apply to every company established or taken over by the Perbadanan under subsection (1).

The Director General shall be the chief executive officer of the

Perbadanan and shall perform such duties and exercise such powers as may be determined or delegated to him by the Perbadanan.

The person who was the Director of the Perbadanan immediately before the commencement of this Act shall, upon such commencement, cease to be the Director; but such person shall, subject to any subsisting contract of service or employment between him and the Perbadanan, continue to be an employee of the

Perbadanan on terms and conditions of service or employment no less favourable than those applicable to him immediately before such commencement, and may be appointed as Director General under subsection (1).

If during any period the Director General is for any reason unable to exercise the powers and perform the duties of his office, the

Minister may appoint any other person to act as Director General.

Appointment of other officers and servants

The officers and servants of the Perbadanan shall be responsible to the Director General.

The officers and servants of the Perbadanan shall hold office for such period or periods, receive such remuneration, fees, and allowances, and be subject to such conditions of service as may be determined by the Perbadanan with the approval of the Minister.

The Perbadanan shall have power to formulate and regulate the procedure for the appointment and disciplining of its officers and servants.

Administrative divisions

A committee may do all such things as may be necessary for the effective carrying out of its functions but shall be subject to the general directions of the Perbadanan.

A committee shall consist of a chairman and not more than five other persons.

A committee may consist of persons who are not members of the Perbadanan.

Members of a committee may be paid such remuneration or allowances as the Perbadanan may determine with the approval of the

Minister.

Every committee in existence immediately before the commencement of this Act shall be deemed to have been appointed under subsection (1).

Meetings of a committee

The quorum for a meeting of a committee shall be three.

If on any question to be determined at any meeting of a committee there is an equality of votes, the person presiding over the meeting shall have a casting vote.

A committee may invite to any of its meetings any person who can in its opinion contribute to its deliberations; but such a person shall have no right to vote at the meeting.

Perbadanan Kemajuan Kraftangan Malaysia 15

Subject to this section and the directions of the Perbadanan, a committee shall regulate its own procedure.

The Fund shall consist of—

The Fund may be expended for the purposes of—

The Perbadanan may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.

Statutory Bodies (Accounts and Annual Reports) Act 1980

The Minister shall cause a copy of every report transmitted to him under subsection (1) to be laid on the table of each House of

Parliament.

An applicant for a licence under this section shall, if so required by the Perbadanan, submit the handicraft product in respect of which the licence is applied for to the Perbadanan for examination and testing and shall furnish the Perbadanan with such information relating to his business or to the handicraft product as the Perbadanan may require.

A licence under this section shall be valid for such period as may be specified by the Perbadanan in the licence, but may be renewed from time to time for such further period as the Perbadanan may determine.

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There shall be stated in every licence under this section the handicraft product or products in relation to which the licensed person is authorised to use the logo of the Perbadanan.

Duties of licensed persons

whenever requested by any person authorised in writing by the Perbadanan, permit him to enter and inspect during working hours the premises or any part of the premises in which the handicraft products of the licensed person are produced or stored;

maintain such records as may be required by the

Perbadanan and, whenever requested by any person authorised in writing by the Perbadanan, submit any such record to the Perbadanan for inspection;

furnish the Perbadanan with such information as it may require.

Revocation and suspension of licences

where the person is a natural person, on his death;

where the person is a corporation, society, or any other body of persons, on the dissolution or winding up, whether voluntary or compulsory, of the corporation, society, or body, or in the event of a take-over, merger, or amalgamation of the corporation, society, or body by or with any other corporation, society, or body;

where the person is a partnership, on the dissolution of the partnership;

on the person ceasing to produce the handicraft product to which the licence relates;

Perbadanan Kemajuan Kraftangan Malaysia 19

on transfer of ownership of the person’s business of producing handicraft products.

If it appears to the Perbadanan that any person licensed under section 21 has contravened or failed to comply with any provision of this Act or of regulations made thereunder or any term or condition of his licence, the Perbadanan may call upon the person to show cause why his licence should not be suspended or revoked, and if the person fails to appear to show cause or if the Perbadanan is not satisfied with his explanation, the Perbadanan may suspend or revoke his licence.

A person called upon to show cause under subsection (2) shall be supplied by the Perbadanan with particulars in writing of the contravention or non-compliance alleged against him, and he may appear in person or be represented by any person authorized by him in writing.

A person aggrieved by any decision of the Perbadanan under subsection (2) may, within one month of the receipt by him of the decision, appeal to the Minister whose decision shall be final.

A decision of the Perbadanan under subsection (2) shall be of immediate effect not withstanding any appeal under subsection (4).

A person whose licence has been revoked or suspended under this section shall, within seven days of being informed of the revocation or suspension, surrender his licence to the Perbadanan.

Offences

uses the logo of the Perbadanan except in relation to a handicraft product stated in a licence granted to him under section 21;

uses any mark resembling the logo of the Perbadanan with the intention of representing it to be the logo of the

Perbadanan, or any mark which misleads or is likely to

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mislead any other person into thinking that the mark is the logo of the Perbadanan;

in an application for a licence under section 21 or in response to a requirement under subsection 21(2) or paragraph 22(c), knowingly gives any false information or makes any false statement, commits an offence and is liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

A plan prepared under subsection (1) shall include details of development projects planned to be put into effect by the Perbadanan and details of estimates of the cost of such projects.

Dissemination of information

The Director General may appoint agents to conduct sales of the handicraft products of the Perbadanan.

Advertising and publicity

The common seal used by the Perbadanan immediately before the commencement of this Act shall continue to be the common seal of the Perbadanan unless and until a different seal is approved by the

Perbadanan.

The common seal of the Perbadanan shall be kept in the custody of, and shall be authenticated by, such person as the Perbadanan may direct.

All deeds, documents, and other instruments purporting to be sealed with the common seal of the Perbadanan and authenticated by the person in whose custody the common seal is kept shall, until the contrary is proved, be deemed to have been validly executed.

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The seal of the Perbadanan shall be officially and judicially noticed.

Directions of the Minister

Any person who contravenes subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or to both.

Civil proceedings

any person holding the appointment of Federal Counsel and authorised by the Attorney General for the purpose; or

any officer of the Perbadanan authorised by the Chairman or Deputy Chairman of the Perbadanan for the purpose, may institute any civil proceedings on behalf of the Perbadanan or a subsidiary corporation and may, on behalf of the Perbadanan or a subsidiary corporation, appear in and conduct any such proceedings by or against the Perbadanan or the subsidiary corporation and make and do all appearances, acts, and applications in respect of such proceedings.

Power to make regulations

concerning any matter relating to the establishment of subsidiary corporations under section 9 and to the subsidiary corporations so established;

prescribing the manner in which documents, cheques, and instruments of any description shall be signed or executed on behalf of the Perbadanan or any subsidiary corporation;

prescribing the responsibilities and control of officers and servants of the Perbadanan;

prescribing the fees to be charged and the forms to be used in the implementation of Part V;

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concerning the opening, keeping, closing, and audit of the accounts of subsidiary corporations; and

generally for the better carrying out of the provisions of this Act and the functions of the Perbadanan.

Repeal