"authorised officer"  means an officer authorised under section 6;

  "Director General"  means the Director General for the control of padi and rice;

  "Federal Lands Commissioner"  means the Federal Lands Commissioner appointed under the Federal Lands Commissioner Act 1957;

  "Lembaga"  means the Lembaga Padi dan Beras Negara established under the Lembaga Padi dan Beras Negara Act 1971;

  "Minister"  means the Minister for the time being charged with the responsibility for padi and rice;

  "marketing"  means sale, purchase, storage, transport, processing, milling, polishing, grading, packaging, advertising and promotion;

3 PART II DIRECTOR GENERAL FOR THE CONTROL OF PADI AND RICE-3. Appointment of Director General.

(1) The Minister shall, by notification in the Gazette, appoint a public officer to be the Director General for the control of padi and rice for the purpose of carrying out the duties and functions assigned to him under this Act.

(2) The Director General shall hold office for such term and subject to such conditions as the Minister may, after consultation with the Public Services Commission, determine.

(3) The Director General shall have an official seal for the authentication of documents required for the purposes of his duties and functions under this Act.

4 PART II DIRECTOR GENERAL FOR THE CONTROL OF PADI AND RICE-4. Duties and functions of Director General.

(1) The duties and functions of the Director General shall be as follows:

(a) to conserve and maintain an adequate supply of padi and rice;

(b) to ensure a fair and stable price of padi for farmers;

(c) to ensure a fair and stable price of rice for consumers;

(d) to ensure sufficient supply of rice to meet all emergencies; and

(e) to make recommendations to the Government on policies designed to promote the development of the padi and rice industry, and, where approved by the Government, to coordinate and assist in the implementation of the same

(2) Subject to the prior approval of the Minister, the Director General shall have power to do all things expedient or reasonably necessary or incidental to the discharge of his functions, and in particular, but without prejudice to the generality of the foregoing-

(a)

5 PART II DIRECTOR GENERAL FOR THE CONTROL OF PADI AND RICE-5. Power of the Minister to give directions.

The Minister may, from time to time, give to the Director General directions not inconsistent with the provisions of this Act and the Director General shall give effect to all such directions.

6 PART III POWERS RELATING TO ENFORCEMENT, SEARCH, SEIZURE, ARREST, ETC.-6. Authorisation of officer to exercise powers under this Part.

(1) The Director General may authorise in writing any public officer to exercise the powers under this Part.

(2) In exercising any of the powers under this Part the officer shall on demand produce to the person against whom he is acting under this Act or any regulation made thereunder the authority issued to him by the Director General.

7 PART III POWERS RELATING TO ENFORCEMENT, SEARCH, SEIZURE, ARREST, ETC.-7. Power to obtain information.

(1) An authorised officer may by writing under his hand or by notification in the Gazette require any person or class or description of persons or all persons-

(a) to furnish him or such other person as may be specified in the requisition with full and accurate periodical or other returns or information in respect of padi or rice, showing all or any of the following particulars:

(i) the quantity thereof in his or their possession or under his or their control;

(ii) the cost thereof or expense incurred in respect thereof;

(iii) the price charged or received by him or them thereof;

(iv) any other information which the authorised officer may deem necessary to request in respect thereof;

(b) to produce for inspection any book or document relating to any padi or rice in his or their possession or under his or their control;

(c)

8 PART III POWERS RELATING TO ENFORCEMENT, SEARCH, SEIZURE, ARREST, ETC.-8. Power to enter premises.

(1) An authorised officer or a police officer-

(a) for the purpose of testing the accuracy of a record kept or return made or information given to an authorised officer under section 7; or

(b) for the purpose of obtaining information, may-

(aa) enter at any reasonable time any land, house, building or other place belonging to or in the occupation of any person; and

(bb) carry out such inspection and examination (including the inspection and examination of books) as he may consider necessary.

(2) Where, as a result of any inspection and examination made under subsection (1), there is any discrepancy between the quantity or quality of any padi or rice found and any record or return required to be kept or made or any information given in respect of the padi or rice, the person required to keep the record or to make the return or to give the information s

9 PART III POWERS RELATING TO ENFORCEMENT, SEARCH, SEIZURE, ARREST, ETC.-9. Power of investigation.

(1) An authorised officer shall have the power to investigate the commission of an offence under this Act or any regulation made thereunder.

(2) An authorised officer may, in relation of an investigation in respect of an offence committed under this Act or any regulation made thereunder, exercise the special powers in relation to police investigation except that the power to arrest without warrant given by the Criminal Procedure Code in a seizable offence may not be exercised by him.

(3) Upon completion of his investigation, the authorised officer shall immediately give all information relating to the commission of the offence to an officer in charge of a police station and a police officer may, by warrant, arrest any person who may have committed an offence under this Act or any regulation made thereunder.

10 PART III POWERS RELATING TO ENFORCEMENT, SEARCH, SEIZURE, ARREST, ETC.-10. Power to require attendance of person acquainted with case.

(1) An authorised officer making an investigation under section 9 may by order in writing require the attendance before himself of any person who appears to the authorised officer to be acquainted with the circumstances of the case and the person shall attend as so required.

(2) If the person fails to attend as so required, the authorised officer may report the failure to a Magistrate who shall issue a summons to secure the attendance of the person as required by the order aforesaid.

11 PART III POWERS RELATING TO ENFORCEMENT, SEARCH, SEIZURE, ARREST, ETC.-11. Examination of person acquainted with case.

(1) An authorised officer making an investigation under section 9 may obtain information from any person supposed to be acquainted with the facts and circumstances of the case.

(2) The person shall be legally bound to answer all questions relating to the case put to him by the authorised officer:

Provided that the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3) A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer to questions.

(4) The authorised officer obtaining information from a person shall first inform that person of the provisions of subsections (2) and (3).

(5) A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with h

12 PART III POWERS RELATING TO ENFORCEMENT, SEARCH, SEIZURE, ARREST, ETC.-12. Prosecution.

(1) No prosecution shall be instituted in respect of any offence under this Act or any regulation made thereunder without the sanction in writing of the Public Prosecutor.

(2) Prosecutions in respect of offences under this Act or any regulation made thereunder may be conducted by any officer authorised in writing by the Director General.

13 PART III POWERS RELATING TO ENFORCEMENT, SEARCH, SEIZURE, ARREST, ETC.-13. Seizure of padi or rice or any thing connected to an offence.

(1) In every case where information is given on oath to a Magistrate that there is reasonable cause for suspecting that there is in any land, house, building or other place any padi, rice, receptacle, package, conveyance, vessel, book or document or other article which has been used to commit or is intended to be used to commit an offence under this Act or any regulation made thereunder, he shall issue a warrant under his hand by virtue of which an authorised officer or a police officer named or referred to in the warrant may enter the land, house or building at any reasonable time by day or night, and search for seize or seal any such padi, rice, receptacle, package, conveyance, vessel, book or document or other article.

(2) If the authorised officer or police officer is satisfied upon information received that he has reasonable grounds for believing that by reason of delay in obtaining a search warrant, any padi, rice, receptacle, package, co

14 PART III POWERS RELATING TO ENFORCEMENT, SEARCH, SEIZURE, ARREST, ETC.-14. Power to stop and search conveyance.

(1) Where an authorised officer or a police officer has reasonable suspicion that a conveyance is carrying padi or rice in contravention of any provision of this Act or any regulation made thereunder, it shall be lawful for the officer to stop and examine the conveyance for the purpose of ascertaining whether any padi or rice is contained therein or is being moved or transported contrary to such provision and the person in control or in charge of the conveyance shall if required to do so by the officer, stop the conveyance and allow the officer to examine the same.

(2) The person in control or in charge of a conveyance examined under the provision of subsection (1) shall on request by the authorised officer or police officer open all parts of the conveyance for examination by the officer and take all measures necessary to enable the examination as the officer considers necessary to be made.

15 PART III POWERS RELATING TO ENFORCEMENT, SEARCH, SEIZURE, ARREST, ETC.-15. Things seized in respect of which there is no prosecution.

(1) Subject to section 16, if there is no prosecution with regard to any padi or rice seized under this Act or any regulation made thereunder, the padi or rice together with any receptacle, package, conveyance, vessel or other article, in which the padi or rice may have been found, or any book or document connected therewith shall be taken and deemed to be forfeited at the expiration of thirty days from the date of the publication of a notice in accordance with the provisions of subsection (2) by the Director General or an authorised officer unless a claim thereto is made before the expiration of the thirty days in the manner hereinafter set out.

(2) The notice mentioned in subsection (1) shall contain a description of the padi, rice, receptacle, package, conveyance, vessel, book or document or other article seized and shall require a person who has a claim thereto to give written notice of his claim, personally or by his agent authorised in wr

16 PART III POWERS RELATING TO ENFORCEMENT, SEARCH, SEIZURE, ARREST, ETC.-16. Release or disposal of padi, rice, etc.

(1) Where any padi, rice, receptacle, package, conveyance, vessel, book or document or other article has been seized under this Act or any regulation made thereunder, an authorised officer or a police officer not below the rank of Inspector may-

(a) release the receptacle, package, conveyance, vessel, book or document or other article to the owner thereof or to the person from whose possession, custody or control it was seized, or to such person as the authorised officer or police officer may consider entitled thereto, subject to such terms and conditions as the authorised officer or police officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the authorised officer or police officer that the receptacle, package, conveyance, vessel, book or document or other article shall be surrendered to the authorised officer or police officer on demand being made by the authorised o

17 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-17. Prohibition on concealment or destruction of padi or rice.

A person who conceals or destroys any padi or rice in order to withhold the padi or rice from the market shall be guilty of an offence under this Act.

18 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-18. Offence of refusing to sell rice.

(1) A person licensed under this Act to sell rice, or the servant or agent of any such person, who has in his possession a stock of rice and who-

(a) falsely denies that he has rice in his possession; or

(b) refuses, except with the permission of the Director General, to sell rice in reasonable quantities in the ordinary way of business, shall be guilty of an offence under this Act:

Provided that it shall be a good defence to a charge under paragraph (b) that the accused had reasonable grounds for believing that the purchaser was unable or unwilling to make immediate payment of the price of the rice in cash.

(2) The servant or agent of a person licensed under this Act to sell rice shall be deemed to have in his possession a stock of rice if any rice is being kept or stored in the premises where he is employed or in the premises where rice can be stored under the terms

19 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-19. Illegal conditions.

A person who, in selling padi or rice, imposes except with the permission of the Director General, a condition of sale other than a condition of sale-

(a) requiring immediate payment for it;

(b) prescribing the time within which payment must be made or delivery taken; or

(c) requiring a deposit in respect of the sale of the padi or rice,

shall be guilty of an offence under this Act.

20 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-20. Unlawful possession of padi or rice.

A person in possession or control of any padi or rice in such circumstances as to raise a reasonable suspicion that an offence under this Act or any regulation made thereunder has been or is intended to be committed by him in relation to the padi or rice, shall be guilty of an offence under this Act unless he satisfies the Court that the offence has not been and was not intended to be committed by him.

21 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-21. Offence of obstruction.

A person who obstructs or impedes the Director General, any authorised officer or police officer in the lawful exercise of any of his powers under this Act or any regulation made thereunder shall be guilty of an offence under this Act.

22 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-22. General penalty.

(1) A person, other than a body corporate, but including a director or officer of a body corporate, who commits an offence under, or who fails to comply with any, of the provisions of this Act or any regulation made thereunder in respect of which no penalty is expressly provided for, shall, on conviction, be liable to a fine not exceeding fifteen thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding twenty-five thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(2) A body corporate which commits an offence under, or fails to comply with, any of the provisions of this Act or any regulation made thereunder shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit and, for a second or subsequent offence, to a fine not exceeding fifty thousand ringgit.

(3) Where a person charged with an off

23 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-23. Burden of proof.

(1) In a prosecution in respect of an offence under this Act or any regulation made thereunder upon a charge of doing an act which is unlawful, unless the person doing the act is entitled to do so by reason of his being the holder of a licence, permit or written permission, consent, authorisation or exemption entitling him to do the act, it shall be sufficient for the prosecution to allege and prove his doing the act and the onus shall then be upon the accused to show that he was entitled to do such act.

(2) In a prosecution in respect of an offence under this Act or any regulation made thereunder, the production by the person conducting the prosecution of an original invoice or a duplicate invoice proved to have been found in the possession of the seller, shall, where the person conducting the prosecution so requests, be admitted as prima facie evidence of a sale by the seller and of the facts stated in the original invoice or duplica

24 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-24. Protection of informers from discovery.

(1) Except as hereinafter provided, no witness in any civil or criminal proceedings whatsoever under this Act or any regulation made thereunder shall be obliged or permitted to disclose the name or address of an informer or the information received from him or to state any matter which might lead to his discovery.

(2) If a book or document which is in evidence or is liable to inspection in any civil or criminal proceedings whatsoever contains any entry in which any informer is named or described or which might lead to his discovery, the Court shall cause all the entries to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery.

(3) If in the trial for an offence under this Act or any regulation made thereunder the Court, after full enquiry into the case, is of the opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did n

25 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-25. Things seized in respect of which there is prosecution.

(1) Where criminal proceedings are instituted against a person for an offence under this Act or any regulation made thereunder the Court may order the forfeiture in whole or in part of-

(a) any padi or rice in respect of which the offence has been committed which has been seized by, or has otherwise come into the possession of the Director General or any authorised officer or police officer, or any receptacle, package, conveyance, vessel, book or document or other article by means of which the offence has been committed or which is intended to be used for the commission of an offence under this Act or any regulation made thereunder; or

(b) the amount secured under paragraph 16(1) (a) where the receptacle, package, conveyance, vessel, book or document or other article released is not surrendered on demand being made, or the amount secured under paragraph 16(1) (b) , or the amount realised by

26 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-26. Effect of forfeiture.

Any padi, rice, receptacle, package, conveyance, vessel, book or document or other article ordered or deemed to be forfeited under this Act, shall be delivered to an authorised officer and shall be disposed of in accordance with the directions of the Director General.

27 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-27. Jurisdiction of Court.

Notwithstanding anything in the Subordinate Courts Act 1948, a Magistrate of the First Class in West Malaysia or in the State of Sabah or Sarawak, as the case may be, shall have jurisdiction to try any offence under this Act or any regulation made thereunder, and to award full punishment for the offence.

28 PART IV OFFENCES, PENALTIES AND PROCEEDINGS-28. Protection of authorised person.

No proceedings shall be instituted under this Act against a person duly authorised in that behalf by the Director General who has knowingly done or omitted to do any act which would, but for the provisions of this section, have been an offence;

Provided that he has done or omitted to do the act with the intention of procuring evidence for the purpose of prosecuting the seller for an offence under this Act or any regulation made thereunder.

29 PART V GENERAL-29. Power to make regulations.

The Minister may make regulations as may be necessary or expedient for giving full effect to the provisions of this Act, and without prejudice to the generality of the foregoing, such regulations may-

(a) prescribe the functions, duties and powers of the Director General or an authorised officer;

(b) prescribe marks or labels to be affixed by retailers to the containers of padi or rice indicating the quality, grade or price of the padi or rice;

(c) make provisions relating to the licensing of wholesalers, retailers, rice millers, importers and exporters and prescribe the fees to be paid for licences which are required under this Act;

(d) prescribe such other fees or charges as may be necessary for the purposes of this Act;

(e) prescribe any act or omission in contravention of the provision of any regulation to be an offence; and

(f) prescr

30 PART V GENERAL-30. Secrecy and penalty.

(1) Except for the purposes of this Act or of any criminal proceedings under this Act, no authorised officer shall disclose any information with respect to any individual business which has been obtained by him in the course of his duties and which is not published in pursuance of this Act.

(2) A person who knowingly contravenes the provisions of subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

31 PART V GENERAL-31. Non-application of certain laws to padi and rice.

Notwithstanding any of their provisions to the contrary, the Price Control Act 1946 and the Control of Supplies Act 1961 shall not apply to padi and rice.

32 PART VI EPEAL, TRANSITIONAL AND SAVING PROVISIONS, ETC.-32. Repeal, transitional and saving provisions.

(1) The Lembaga Padi dan Beras Negara Act 1971 is repealed and the Lembaga established thereunder is dissolved.

(2) Notwithstanding subsection (1), any regulations made under or in accordance with the repealed Act shall, in so far as they are not inconsistent with this Act, continue in force until amended, revoked or replaced by new regulations made under this Act.

(3) Except in so far as it is expressly provided to the contrary, nothing in this Act shall-

(a) affect the validity of any licence, permit or authority granted or issued under the Lembaga Padi dan Beras Negara Act 1971; or

(b) affect any right, title, interest, liberty, privilege, obligation or liability acquired, accrued or incurred under the repealed Act.

33 PART VI EPEAL, TRANSITIONAL AND SAVING PROVISIONS, ETC.-33. Transfer of land.

Any land, right and interest in land which, immediately before the dissolution of the Lembaga, was vested in or held by the Lembaga shall on such dissolution vest in or be held by the Federal Lands Commissioner for the purposes of the Government without any conveyance, assignment or transfer whatever.