PALM OIL REGISTRATION AND LICENSING AUTHORITY (INCORPORATION) ACT 1976

This Act shall come into operation on such date as the Minister may, by notification in the "Gazette, appoint

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and different dates may be appointed for different parts of

Malaysia.

The Schcdule shall apply to the Authority.

a Chairman;

Composi-tion of thhe

Authority.

a representative of the Ministry responsible for the palm oil industry;

a representative of the Ministry responsible for industrial development;

a representative of the Treasury;

a representative of the Malaysian Agricultural

Research and Development Institute or of any other body engaged in palm oil research;

Pt. I1, S. 4-7]

PALMOl RI GIST RATION AND LICENSING AUTHORITY

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(D a representative of the Federal Land Development

Authority; and

four representatives of the palm oil industry.

The Minister in addition to the persons may, mentioned in subsection (1), appoint to be members of the

Authority not more than four other persons to represent the

East Malaysian and other interests in the palm oil industry.

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When attending meetings of the Authority, an alternate member shall for all purposes be deemed to be a member of the Authority.

An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Authority.

Until an appointment is made under subsection (1)

or in default of such appointment, the member appointed under paragraph (b) of subsection () of section 4 shall cxercise the functions and be deemed to be the Chairman.

The appointment of the chief executive shall be with the prior approval of the Minister.

The appointment of Palnm Oil Inspectors shall be published in the Gazette.

Pt 1, S. 7-11)

The name by which the chief executive is designated shall be published in the Gazette.

The Authority shall, before establishing or modify1ng any scheme of service for its officers or servants, including the terms and conditions of service, the salaries, allowances, and other r e m u n e r a t i o n payable, and facilities for loans for the purchase of conveyances and houses, obtain the

Minister's approval.

be responsible for putting into execution the policy decisions of the Authority and for the general administration of its alffairs;

exercise supervision and control over all ofñcers or servants employed by the Authority; and

Chairman may from time to time direct.

The chief executive shall be present at every meeting of the Authority unless he is excused from doing so by the

Chairman.

The chief executive shall have no right to vote at meetings of the Authority.

to regulate, co-ordinate and promote all activities relating to the supply, sale, purchase, distribution, movement, storage, export and import of oil palm

Fresh-frtt, paBi-oiandpatt tenel and the milling of oil palm fresth fruit;

pfocduct (AA

Pt. I1, S. 11-12]

PALM OIL REGISTRATION AND LICENSING AUTHORITY

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to promote the efficient marketing and handling or /Orduct

O1l palresh_fruii, paBm-eiB and paim kerne

require the registration and licensing of persons in respect of any or all activities that fall within the scope of the functions of the Authority;

provide for matters relating to registration and licensing, including the nmanner of applying for registration and licences, the fees payable for licences, the matters to be considered in granting or refusing a licence, and the imposition and variation of conditions and restrictions;

regulate any or all activities that fall within the scope of the functions of the Authority in any manner apart from or in addition to registration and licensing;

provide for the practices to be observed or avoided in the palm oil industry;

provide for the registration of contracts relating to the sale of/palm-oil and the details of such contracts;

onl poln preduct

CM STO)

[P. I1 S. 12-13)

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speçi!y and define the standards or grades of palm /i po and make provisions for giving effect to such standards and grades, including provisions for or relating to labelling;

duct

(ANSUO)

preseribe the records to be kept and the returns to be submitted by licensees,

prescribe the fees payable for any act or service done or rendered by the Authority; and

prescribe penalties for the contravention of the provisions thereof of imprisonment not exceeding two years or a fine not exceeding ten thousand ringgit or of both such imprisonment and fine.

Regulations nmade under subsection (1) shall be of no effect unless approved by the Minister.

(3 The Authority shall have power to do all things reasonably necessary for, or expedient or incidental to. the discharge of its functions and in particular, but without prejudice to the generality of the foregoing

A person called upon to show cause under sub-section (1)-

(ai shall be supplied by the Authority with the parti-culars, in writing, forming the basiS for the call to show cause; and

If after the hearing the Authority is of the opinion that the person called upon to show cause has failed to do so, the Authority may, notwithstanding any criminal pro-ceedings that may be brought auainst him, suspend his licence for such period, not exceeding two years from the date of Suspension, as the Authority shall determine at the time of/suspension, or concel his lience

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or cancelled

A person whose licence has been suspended shall, on being so required by the Authority in writing, surrender to it his licence within such period as it may specify.

Any person who wilfully fails to comply with the requirement of the Authority under subsection (4) commits an, offence.

The Authority may appoint a cofmmittee, which may consist of or include persons who are not members of the

Authority, and delegate to it any or all of the powers of dPASAO the Authority under this section and any act done or decision made by the committee pursuant to such delegation shall be deemed to be the act or decision of the Authority.

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There shall be paid into the Fund-

The Fund may be applied for-

settling any moneys borrowed by the Authority

(e under section 17, and

The Authority shall keep or cause to be kept a separate account in respect of moneys paid into the Fund from the

Federal Consolidated Fund.

Ropeed et 318

The Authority shall, if so directec by the Minister, establish and maintain a fund named the "Palm Oil Research

Fund" into which shall be naid all moneys collected or paid under subsection (3) of section 16, all moneys paid or donated expressly to the Rescarch Fund and any grant made to the

Research Fund from the Federal Consolidated Fund.

The Research Fund shall be applied solely for research work or programmes for the palm oil industry, subject to the power of the Minister to direct the Authority to apply the Research Fund or any part thereof to any particular aspect or area of research or to disburse it to such organisation as the Minister may specity.

The Authority shall keep þr cause to be kept a separate account in respect of moneys paid into the Research Fund from the Federal Consolidated|Fund.

S 16. (1) The Authority may, with the anproval of the-OA palm uct Minister given after consultation with the Minister ot dprodu rinance, make orders for the imposition, variation or 4As) cancellation of a cess on/palm-Ail and paln_ kernel and the ol palm produc

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orders may specify the nature, amount and rate of cess and the manner of collection of the cess.

Pt. I1, S. 16-20)

PALM OI1 REGISTRATION AND LICENSING AUTHORITY

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Orders different amounts and rates of cess for different categories, standards or grades of patm eil and palm kerael oilpolm produc

Subs MS made under this section may prescribe caled by het 2/8

The Authority may, with thé|approval of the Minister given after consultation with the Minister of Finance. make orders for the imposition, variathon or cancellation of a research cess on palm oil and palm kernel; and the orders may specify the nature, amount and rate of research cess and the manner of collection of thecess

in any investment or securities authorised for the investment of trust funds by any written law for the time being in force; or

in such other investment or securities as the

Authority thinks fit.

The Authority shall eause its accounts to be audited annually by the Auditor-General or any other auditor appointed by the Authority with the approval of the

Minister.

P. Il1-IV, S. 20-231 14

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After the end of each financial year, as soon as the accounts of the Authority have been audited, the Authority shall cause a copy of the statements of account to be trans-mitted to the Minister together with a copy of the observa-tions made by the auditor on any statement of account or on the accounts of the Authority.

The Minister shall cause a copy of the statements of account ànd a copy of the observations transmitted to him under subsection (3) to be laid on the table of each House of Parliament.

The Minister shall cause a copy of every report trans-mitted to him under subsection (1) to be laid on the table of each House of Parliament.

The person in control or in charge of the conveyance shall, if required to do so by the Palm Oil Inspector or officer of customs

No notice is required to be given under subsection (1)

If the seizure is made in the prdsence of the offender or the

OWner, or agent of the owner, of the palm_ou.

IP. IV, S.

16

izure ctjon of after

The seizing officer shall not sell, or cause or arrange to be sold, anykpalm-oil under subsection () if he has reason to suspect that the/paBm ed is of a quality, standard or grade lower than that prescribed or permitted by this

Act but shall forthwith cause the paBm ol to be tested by an analyst.

If an analyst certifies, or if the result of the test as certified by the analyst proves, that the/paBm oit tested by him under subsection (2) is of a quality, standard or grade lower than that prescribed or permitted by this Act, the seizing officer shall keep it in custody or, if no prosecution is instituted in respect of the /palm oB, cause it to be destroyed.

If an analyst certifies, or if the result of the test as certified by the analyst proves, that the palm oit tested by him under subsection (2) is of a quality, standard or grade that conforms to or is higher than that prescribed or permit-ted by this Act, subsection (1) shall apply to the palm oil.

Until the result of a test under subsection (2) is obtained, the seizing officer shall take all reasonable measures possible and available in the circumstances to ensure that the/paBm eH does not deteriorate in quality or value.

A seizing officer who keeps( palm-el in custodv under subsection (3) is only required to 'ènsure that the(paBm-oil is safe from loss and physical damage but is not required to take measures to preserve its quality, standard or grade.

The proceeds of sale of/palm-ei under subsection (1)

shall he held to abide the result of any prosecution or claim in respect thereof.

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Pt. IV, S. 28-30}

PALM OiL

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Any person asserting that he is the owner of the pathi eil/or the proceeds of sale thereof/ and that it is not yMT35

liable to forfeiture may personally or by his agent authorised in writing give written notice to the seizing ofticer that he claims the palm-oH/or the proceeds of sale thereot?

On receipt of a notice under subsection (2) the seizing officer shall refer the claim to the EhaiFman who may direct Kche? executive that the paBm-eiB[or the proceeds of sale thereof/be releasedy or may direct the seizing ofticer, by information in writing.

to refer the mattersto a Magistrate.

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The Magistrate shall issue a summons requiring the

Authority and the person asserting that he is the owner of the palH-OH/or the proceds of sale thereof and the person from whom the paBm-eH/was seized to appear before him and upon their appearance or default to appear, due service or the summons being proved, the Magistrate shall proceed to the examination of the matter and on proof that an offenceagainst this Act has been committed and that the

/palmoiwas the subject matter, or vas used in the commis-sion of the olfence, shall order the/plm-OB or the proceeds of sale thereof to be forfeited or, in the absence of such mf shall order its release.

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Pt. IV, S. 30-33)

In a claim under this section the person making the claim shall be the claimant and the Authority shall be the respondent and the Authority may be represented by an ofticer or servant thercof authorized in writing by the

Chairman to so Tepresent the Authority.

In any prosecution for an offence against this Acta certifhcate of analysis of/palm-eil or a report on the condl-ton. type, method of pfocessing, quality, standard or grade thereot, purporting to be signed by an analyst shall. on prodiction thereof by the prosecutor or defendant, be

Suficient evidence of the facts stated therein unless the prosecutor or defendant requires that the analyst be called as a witness, in which case he shall give notice thereof to the other side not less than three clear days before the date of hear1ng.

A copy of the certificate or report referred to in sub-section (2) shall be sent to the defendant or the prosecutor at least seven clear days before the date of hearing, and if

It 1s not so sent the court may adjourn the hearing on such terms as it thinks proper.

Subsection (2) shall apply to a claim under section 30

as if for the words "prosecutor" and "defendant" there were substituted respectively the words "claimant" and

"respondent".

Every person required by a Palm Oil Inspector or ofticer of customs to give information or produce any book, document or matter relating to the commission of the ofence and which t is in the person's power to give shall grve the intormation or produce the book, document or matter

4JC5)

Where an offence against this Act is continued after a person has been convicted thereof, that person is iiable on conviction to a fine not exCeding one-fifth of the maxi-mum fine to which that person was liable on the earlier conviction for each day during which the offence continues.

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Pt. V, S. 38-42, Schedulel 20

Offences committed by corporate mitted by a body corporate is proved to have been committed bodies.

For the avoidance of doubt it is declared that subsec-tion (1) does not authorize the appointment of members, oflicers or servants of the Authorily except in so far as to authorize the temporary appointment ot such persons until proper appointments are mide under this Act.