Agricultural Produce Board Enactment 1981

This Enactment may be cited as the Agricultural Produce Board Enactment 1981 and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint. [c.i.f. 24.08.2022 G.N. 59/2023]

The Minister may appoint different dates for the coming into operation of different parts or provisions of the Enactment.

Interpretation.

As from the commencement of this Enactment, the Yang di-Pertua Negeri may, by notice in the Gazette, constitute in respect of any product or products a Board to be known by such corporate name as may be specified in such notice, which shall be a body corporate with perpetual succession, capable of suing and being sued in its corporate name and with power to purchase or otherwise acquire, hold, and exchange or alienate or otherwise deal with in any lawful manner whatsoever, any property movable and immovable, and to enter into contracts and generally to do such acts and things as a body corporate may do by law and as are necessary for, or incidental to, the carrying out of its objects and the exercise of its powers as set out in this Enactment.

A Board shall have a common seal which shall bear such device as the Board may approve and such seal may from time to time be broken, changed, altered and made anew by the Board, as the Board may think fit.

Until a common seal is provided under subsection (2), a stamp bearing the corporate name of the Board may be used as the common seal of the Board.

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Composition of a Board.

A Board shall consist of the following members —

The members as specified in paragraphs (a), (b) and (d) of subsection (1) shall be appointed by the Yang di-Pertua Negeri.

An ex-officio member may by instrument in writing addressed to the Chairman appoint another officer in the public service of the State as an alternate member who may attend on his behalf any meeting of a Board which such member is for any reason unable to attend and such alternate member when attending such meeting shall for all purposes be deemed to be a member of the Board.

Subject to the provisions of section 7 of this Enactment, a member, other than an ex-officio member and the General Manager, shall hold office for a period of three years from the date of his appointment, and shall be eligible for re-appointment.

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Resignation and revocation.

A member, other than an ex-officio member and the General Manager, may at any time resign his office by giving notice in writing to the Chairman.

The appointment of a member may at any time be revoked by the Yang di-Pertua Negeri if he thinks it expedient to do so.

Disqualification from membership.

a person who is of unsound mind or otherwise incapable of performing his duties or managing his affairs;

a person who is prohibited from being a director of a company under the provisions of any written law relating to companies;

a person who has been convicted of any offence involving fraud, dishonesty or moral turpitude; and

a bankrupt.

Vacation of office.

on his death;

if he is absent from three consecutive meetings of a Board without the special leave of the Chairman or leave of absence granted under this Enactment and the

Board passes a resolution declaring his office vacant;

if he resigns his office;

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if he becomes disqualified for membership under section 6 of this Enactment;

if his appointment is revoked by the Yang di-Pertua Negeri.

Leave of absence.

If the office of a member, other than an ex-officio member and the General Manager, becomes vacant, the Yang di-Pertua Negeri may appoint another suitably qualified person to fill such vacancy for so long only as the member in whose place he is appointed would have held office.

Where any member, other than an ex-officio member and the General Manager, is prevented by illness, absence from the State or other like cause from performing his duties as a member the Yang di-Pertua Negeri may appoint any suitably qualified person to act as deputy for such member during such period as he is so prevented from performing his duties.

Remuneration of members of Boards.

A Board shall meet as often as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times as the

Chairman may determine:

Provided that the Chairman shall not allow more than three months to elapse between such meetings.

Where not less than three members, by notice in writing signed by them and addressed to the Chairman, request that a meeting of a Board be held for any purpose specified in such notice the Chairman shall, within seven days of the receipt by him of such notice, convene a meeting accordingly.

Procedure of meetings.

The quorum necessary for the transaction of the business of a Board shall be five.

In the absence of the Chairman from any meeting of a Board, the Deputy

Chairman shall preside thereat and, in the absence of both the Chairman and the Deputy

Chairman, the members present shall elect one of their number to preside thereat.

Questions arising at any meeting of a Board shall be decided by the votes of the majority of those present and voting thereon and in the case of an equality of votes the

Chairman or other person presiding at such meeting shall have a second or casting vote.

Subject to the provisions of this Part a Board shall have power to make standing orders to regulate its own proceedings.

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Members interested not to vote.

Any member who has or acquires, directly or indirectly by himself, his partner or agent —

Any person who contravenes or fails to comply with the provisions of subsection

of this section shall be guilty of an offence and shall be liable on conviction to a fine of one thousand ringgit and imprisonment for six months.

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Power to appoint committee.

Subject to the provisions of this Enactment, a Board may, for any general or special purpose, appoint such committees as it thinks desirable.

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 Board.

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 Board.

Members of a committee may be paid such remuneration or allowance as the

Board may, with the approval of the Minister, determine.

Meetings of a committee.

In the absence of the Chairman of a committee from any meeting of the committee such other member of the committee as may be elected by the members present shall preside over the meeting.

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

Any question to be determined at any meeting of a committee shall be decided by the votes of the majority of those present and voting thereon, and in case of an equality of votes the person presiding shall have a second or 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.

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

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Delegation of powers.

A Board may delegate to any committee, member, officer or servant of the

Board, such of its functions, as it may deem necessary or desirable.

Any functions delegated under this section —

No delegation made under this section shall preclude a Board itself from exercising or performing at any time any of the functions so delegated.

Power of Chairman to delegate.

Subject to the provisions of this Enactment, the Chairman may delegate in writing to any member, officer or servant of a Board the power and authority to carry out on his behalf such duties, powers or functions as he may determine.

The Chairman may at the time of delegating any power or authority under subsection

to any member, officer or servant, or at any time thereafter give directions as to the manner in which such delegated power or authority is to be exercised and may at any time revoke, modify or increase such delegation.

Execution of documents, etc..

The common seal of a Board shall be in the custody of the Chairman and shall not be used except in the presence of the Chairman or Deputy Chairman and one member and such use shall be authenticated by the signatures of such persons and such authentication shall be sufficient evidence that such seal was duly and properly fixed and that it is the lawful seal of the Board.

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All documents, other than those required by law to be under seal, to which a Board is a party may be signed on behalf of the Board by the Chairman or any member or by any officer or servant generally or specially authorised in that behalf by the Board.

Vacancy not to invalidate acts, etc..

No act or proceeding of a Board or any committee thereof shall be questioned on account of any vacancy among the members or on account of the appointment of any member having been defective.

Until the contrary is proved, every meeting of a Board or of any committee thereof shall be deemed to have been duly convened and held and all members present thereat shall be deemed to have been duly qualified.

A statement in any document to the effect that any function has been delegated under this Part shall, unless the contrary is proved, be evidence that such delegation has been lawfully made.

Subject to section 21, a Board shall appoint a General Manager with the approval of the Minister, and such other officers and servants as may be necessary for carrying out its functions and duties under this Enactment.

Whenever the General Manager is prevented by illness, absence from the State, or other like cause from performing his duties as such, or when the office of General Manager is vacant, a Board may appoint one of its officers to perform the duties of General Manager during such period as the General Manager is so prevented from performing his duties or the said office is vacant.

Subject to the approval of the Government, the General Manager and other officers and servants of a Board shall be engaged on such terms and conditions as the Board may think fit.

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Restriction on alterations in establishment.

The General Manager shall be the chief executive officer responsible to the Board and shall perform such duties and exercise such powers as may be determined or delegated by the Board.

Subject to the directions and control of a Board, all officers and servants of the

Board shall be under the administrative control of the General Manager.

Officer or servant not to be interested in contracts.

No person shall be eligible for employment as an officer or servant of a Board who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, for or on behalf of the Board.

Any officer or servant of a Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.

No officer or servant shall be deemed to have or acquired any such share or interest by reason only that —

to promote, by such means, or the provision of such services, as the Board may deem desirable better conditions for the producers of any product in respect of which such Board was established, and the increase of the production and the improvement of the quality of any product, through the conservation or proper utilization of natural resources and the more economic production, inspection, grading, preparation or marketing of such product;

to control, manage and administer the Fund established in respect of the Board and for the purpose to hold the moneys, property and investments of such Fund;

to formulate objectives, policies and priorities for the development and administration of the industry of any product in respect of which such Board was established;

to implement policies and developmental programs to ensure the viability and sustainability of the industry of any product in respect of which such Board was established;

to give assistance to any corporation, body or person for the development of the industry of any product in respect of which such Board was established, including financial aid by way of grants, subsidies, loan or otherwise;

to cooperate with or act as agent or managing agent of, or otherwise act in association with or on behalf of, the Government or any corporation, body or person on all relevant matters relating to the industry of any product in respect of which such Board was established;

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to liaise and coordinate with other bodies within or outside Malaysia as it deems necessary to further enhance the industry of any product in which such Board was established;

to provide technical, advisory, consultancy and any other services in relation to the industry of any product in respect of which such Board was established;

to undertake and coordinate such activities as it deems necessary for the purpose of protecting and furthering the interests of the industry of any product in respect of which such Board was established;

to appoint agents, experts or other person to do any act required to be done in the execution of its functions or for the better carrying out of the provisions of this

Enactment;

to gather information and maintain records of all relevant matters relating to the industry of any product in respect of which the Board is established;

to issue licenses, certificates, permits and approvals as may be required under this Enactment; and

to carry out all activities which appears to the Board to be requisite, advantageous or convenient for or in connection with the performance of its functions under this

Enactment.

Power to impose levy.

The Yang di-Pertua Negeri, on the recommendation of a Board, may from time to time, by order published in the Gazette impose a levy upon any product in respect of which such Board was established.

An order made under this section may —

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A levy imposed upon a product under this section shall be recoverable, at the suit of the Board established in respect of such product, as a civil debt.

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In respect of every Board, there shall be established a Fund which shall consist of —

The Fund may be applied in defraying the following charges —

A Board may, from time to time, with the approval of the Minister of Finance, borrow money by the issue of debenture stock or otherwise as the Minister of Finance may direct for the purposes of this Enactment.

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*Banking and Financial Institutions Act 1989’ substituted for ‘Banking Act 1973’ by virtue of Act 372.

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A Board may, from time to time, for the purpose of this Enactment, raise loans from the Government, or with the consent of the Minister of Finance, borrow by way of a temporary loan or overdraft from a bank licensed under the provisions of the Banking and Financial

Institutions Act 1989* [Act 372], or otherwise.

Loans may be secured by mortgage.

Subject to such conditions as the Minister may deem fit to impose in particular cases, a Board may, out of the Fund make loans in accordance with the provisions of this

Enactment in that behalf in the execution of its duties or in the discharge of its functions under section 24.

In making loans under the provisions of subsection (1) a Board may charge such rate of interest as it may deem fit in any particular case.

Every loan shall be repaid to the Board in accordance with the terms and conditions under which such loan was made and the moneys so paid shall thereupon be taken into the accounts of the Board.

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*Banking and Financial Institutions Act 1989’ substituted for ‘Banking Act 1973’ by virtue of Act 372.

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Every mortgage to secure loan and every instrument or charge under the provisions of this Enactment shall be approved by the Board, and all costs, charges and expenses incurred in connection therewith shall be paid by the person to whom the loan is made.

Power to guarantee loans.

A Board shall before the commencement of each financial year cause to be prepared and shall adopt annual estimates of income and expenditure of the Board for the ensuing year.

Supplementary estimates may be adopted by the Board at any of its meetings.

A copy of all annual estimates and supplementary estimates shall, upon their adoption by the Board, be sent forthwith to the Minister for his approval.

No expenditure shall be incurred by a Board which has not been included in the annual estimates or supplementary estimates adopted by the Board and approved by the Minister.

Accounts.

A Board shall cause —

The annual statement of accounts of a Board shall present a true and fair view of the financial position of the Board for the year to which it relates.

The financial year of the Board shall be the period commencing on the 1st day of January and ending on the 31st day of December in each year.

Audit and statement of accounts.

The accounts of a Board shall be audited by the Auditor-General.

The Board shall not later than the 31st day of July of each year submit the accounts of the Board for the preceding financial year to the Auditor-General for the purpose of audit.

The Board shall, when required by the Auditor-General, produce and lay before him all books and accounts of the Fund concerned, together with all vouchers in support thereof, and relating thereto, and the Auditor-General shall be entitled to require from the Board, or any member, officer, servant, or agent of the Board such information and explanation as he may deem necessary for the performance of his duties as an auditor.

After the end of each financial year, as soon as the accounts of the Board have been audited, the Board shall cause a copy of the statement of accounts, together with a copy of any report made by the Auditor-General on that statement or on the accounts of the Board, to be sent to the Minister who shall lay the same before the Legislative

Assembly and cause a copy thereof to be published in the Gazette.

Annual report.

All moneys paid to a Board shall be paid into an account in such bank or banks licensed under the provisions of the Banking and Financial Institutions Act 1989 [Act 372]

as may be approved by the Board.

All orders against the said account shall be signed by the General Manager and countersigned by another officer of the Board authorised in writing in that behalf by the

Board.

When tenders to be called.

Any such officer shall be deemed to be a public servant within the meaning of the

Penal Code [Act 574].

Authority card

Whenever an authorized officer exercises any of the powers under this Enactment, he shall, on demand, produce to the person against whom the power is being exercised, the authority card issued to him under subsection (1).

Power of investigation

The authorized officer may, in relation to an investigation in respect of any offence committed under this Enactment, exercise all or any of the powers in relation to police investigation in any seizable offence, except the power to arrest without warrant, given under the criminal Procedure Code [Act 593].

Search and seizure with warrant

any premises, product, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document,

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computerized data or other thing have been used or are about to be used for; or

there is in any premises, evidence necessary to the conduct of an investigation into, the commission of an offence under this Enactment, the Magistrate may issue a warrant authorizing any authorized officer named in the warrant, to enter the premises at any reasonable time by day or night, and with or without assistance, and if need be by force.

Without affecting the generality of subsection (1), the warrant issued by the

Magistrate may authorize the authorized officer to –

An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do -

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No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.

Search and seizure without warrant

Any person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (1) or removes the product, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other thing

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seized under seal or attempts to do so, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Power to enter premises

inspecting any product, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other thing as he considers necessary; or

verifying the accuracy of records or statements or any information given to an authorized officer or to the Board.

Access to computerized data

For the purpose of this section, an authorized officer shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable the comprehension of computerized data.

Power to stop, search and seize conveyance

The person in control or in charge of the conveyance shall, if required to do so by the authorized officer –

Any person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

List of things seized

The list prepared in accordance with subsection (1) shall be delivered to the occupier of the premises where the product, equipment, device, appliance, material, receptacle, package conveyance, book, record, document, computerized data or other thing seized is found.

Where the seizure is made in or from any premises which is unoccupied, the authorized officer shall whenever possible post a list of the things seized conspicuously at the premises.

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Cost of holding any product, equipment, etc., seized