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1 PART I PRELIMINARY-1. Short title and commencement.

(1) This Act may be cited as the Malaysian Palm Oil Board Act 1998 .

(2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint and the Minister may appoint different dates for different provisions of this Act.

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires -

  "analyst"  means an analyst appointed under section 60;

  "appointed day"  means the day on which this Act, or if different dates are appointed for the coming into force of different provisions of this Act, the day on which Part VIII comes into force;

  "authorized officer"  means -

(a) an officer of the Board authorized under section 44;

(b) a police officer not below the rank of Inspector; or

(c) an officer of customs;

  "Board"  means the Malaysian Palm Oil Board established under section 3;

  "cess"  means the cess imposed under section 35;

3 PART II ESTABLISHMENT OF THE BOARD-3. The Board and its objectives.

(1) There is established a body corporate by the name The Board of "Malaysian Palm Oil Board" with perpetual succession and its and a common seal, which may sue and be sued in its corporate name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Board upon such terms as it deems fit.

(2) The objectives of the Board are -

(a) to promote and develop the oil palm industry of Malaysia; and

(b) to develop national objectives, policies and priorities for the orderly development and administration of the oil palm industry of Malaysia.

(3) The provisions of the Firs

4 PART II ESTABLISHMENT OF THE BOARD-4. Functions of Board.

The functions of the Board shall be -

(a) to implement policies and developmental programmes to ensure the viability of the oil palm industry of Malaysia;

(b) to conduct and promote research and development activities relating to the planting, production, harvesting, extraction, processing, storage, transportation, use, consumption and marketing of oil palm and oil palm products;

(c) to plan, co-ordinate, implement and monitor all research and development activities on oil palm and oil palm products;

(d) to regulate, register, co-ordinate and promote all activities relating to the planting, supply, sale, purchase, distribution, movement, storage, surveying, testing, inspecting, brokering, export and import of oil palm products, and the milling of oil palm fruit;

(e) to develop and commercialise research findings for the benefit of the oil palm industry and

5 PART II ESTABLISHMENT OF THE BOARD-5. Powers of Board.

The Board shall have power -

(a) to undertake and co-ordinate activities relating to research and development into the planting, production, harvesting, extraction, processing, storage, transportation, use, consumption and marketing of oil palm and oil palm products including oil palm and oil palm product wastes, and services related thereto;

(b) to impose fees or any other charges it deems fit for the use of any facility relating to research, investigation, testing, advisory services or any other service provided by the Board;

(c) to enter into such negotiations and agreements or arrangements as it deems fit for the discharge of its functions;

(d) to acquire, hold, dispose of or grant rights in connection with the results of any research conducted by or for the Board or in connection with the results of any research undertaken by any person or organisation;

(e

6 PART II ESTABLISHMENT OF THE BOARD-6. Membership of Board.

The Board shall consist of the following members who shall be appointed by the Minister:

(a) a Chairman;

(b) a representative of the Ministry charged with the responsibility for the oil palm industry, to be nominated by the Secretary-General of the Ministry;

(c) a representative of the Treasury, to be nominated by the Secretary-General of the Ministry of Finance;

(d) a representative of the Ministry charged with the responsibility for industrial development, to be nominated by the Secretary-General of the Ministry;

(e) a representative of the Federal Land Development Authority established under the Land Development Act 1956, to be nominated Act 474. by the Chairman of the Authority;

(f) a representative of the smallholder sector of the oil palm industry;

(g) two representatives of oil palm producers;

(

7 PART II ESTABLISHMENT OF THE BOARD-7. Tenure of office.

Subject to such conditions as may be specified in his instrument of appointment, a member of the Board shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years and is eligible for reappointment.

8 PART II ESTABLISHMENT OF THE BOARD-8. Alternate members.

(1) The Minister may, in respect of each member appointed under paragraphs 6(b) to 6(k), appoint an alternate member to attend, in place of that member, meetings of the Board that that member is for any reason unable to attend.

(2) Alternate members to be appointed in respect of members appointed under paragraphs 6(b) to 6(k) shall be those nominated by the persons specified in those paragraphs.

(3) When attending meetings of the Board an alternate member shall for all purposes be deemed to be a member of the Board.

(4) 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 ceases to be a member of the Board.

9 PART II ESTABLISHMENT OF THE BOARD-9. Temporary exercise of functions of Chairman.

(1) Where the Chairman is for any reason unable to perform the functions of the Chairman or during any period of vacancy in the office of the Chairman, the Minister may appoint any member of the Board other than the Director-General to perform the functions of the Chairman.

(2) Until an appointment under subsection (1) is made or in default of such appointment or in the absence of the Chairman from any meeting of the Board, the member appointed under paragraph 6(b) shall perform the functions of the Chairman.

(3) A member appointed under subsection (1) or a member referred to in subsection (2), as the case may be, shall, during the period in which he is performing the functions of the Chairman under this section be deemed to be the Chairman.

(4) If at any meeting of the Board neither the Chairman nor the person exercising the functions of the Chairman is present, the members present shall elect one of their number to pr

10 PART II ESTABLISHMENT OF THE BOARD-10. Revocation and resignation.

(1) The appointment of any member may at any time be revoked by the Minister without assigning any reason therefor.

(2) A member may at any time resign his office by a written notice addressed to the Minister.

11 PART II ESTABLISHMENT OF THE BOARD-11. Vacation of office.

(1) The office of a member of the Board shall be vacated -

(a) if he dies;

(b) if there has been proved against him, or he has been convicted on, a charge in respect of -

(i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption; or

(iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;

(c) if he becomes a bankrupt;

(d) if he is of unsound mind or is otherwise incapable of discharging his duties;

(e) if he absents himself from three consecutive meetings of the Board without leave of the Chairman or, in the case of the Chairman, without leave of the Minister;

(f) in the event of his resignation being accepted by the Minister; or

(g) if his

12 PART II ESTABLISHMENT OF THE BOARD-12. Non-liability of members of Board.

No member of the Board shall incur personal liability for any loss or damage caused by an act in administering of the affairs of the Board, unless the loss or damage is occasioned by an intentionally wrongful act on his part.

13 PART II ESTABLISHMENT OF THE BOARD-13. Public Authorities Protection Act 1948.

The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against the Board or against any member, officer, servant or agent of the Board in respect of any act, neglect or default done or committed by him in such capacity.

14 PART II ESTABLISHMENT OF THE BOARD-14. Public servant.

Every member of the Board or any of its committees or any officer, servant or agent of the Board, while discharging his duties as such member, officer, servant or agent shall be deemed to be a public servant within the meaning of the Penal Code.

15 PART II ESTABLISHMENT OF THE BOARD-15. Power of Minister to give directions.

(1) The Board shall be responsible to the Minister.

(2) The Minister may give general directions not inconsistent with this Act and the Board shall, as soon as possible, give effect to such directions.

16 PART II ESTABLISHMENT OF THE BOARD-16. Returns, reports, accounts and information.

(1) The Board shall furnish to the Minister, and such public authority as may be directed by the Minister, such returns, reports, accounts and information with respect to its property and activities as the Minister may require or direct.

(2) Without prejudice to the generality of subsection (1), the Board shall, as soon as practicable after the end of each financial year, cause to be made and transmitted to the Minister and, if so directed by the Minister, to any other public authority, a report dealing with the activities of the Board during the preceding financial year and the report shall be in such form and shall contain such information relating to the proceedings and policy of the Board as the Minister may specify.

17 PART II ESTABLISHMENT OF THE BOARD-17. Delegation of Board's functions, powers and duties.

(1) The Board may, subject to such conditions, limitations or restrictions as it deems fit to impose, delegate any of its functions, powers or duties, except the power to borrow money, grant loans, establish corporations or make regulations, to -

(a) any member of the Board;

(b) any committee established by the Board; or

(c) any officer or servant of the Board,

and any function, power or duty so delegated may be performed, exercised or discharged by the member, officer or servant, as the case may be, in the name and on behalf of the Board.

(2) A delegation under this section shall not preclude the Board itself from performing or exercising at any time any of the functions, powers or duties so delegated.

(3) Without prejudice to the generality of subsection (1) and the other provisions of this Act, the Board may delegate to the Director-General

18 PART II ESTABLISHMENT OF THE BOARD-18. Board may establish committees.

(1) The Board may establish such committees as it may deems necessary or expedient to assist it in the performance of its functions under this Act.

(2) The Board may appoint any person to be a member of any committee established under subsection (1).

(3) A committee established under this section may elect any of its members to be chairman and may regulate its own procedure and, in the exercise of its powers under this subsection, such committee shall be subject to and act in accordance with any direction given to the committee by the Board.

(4) Meetings of a committee established under this section shall be held at such times and places as the chairman of the committee may, subject to subsection (3), determine.

(5) A committee may invite any person, for the purpose of advising it on any matter under discussion, to attend any meeting of the committee but the person so invited shall not be entitled to vote at any such mee

19 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-19. Appointment of Director-General.

The Minister shall appoint a Director-General of the of Board on such terms and conditions as the Minister may determine.

20 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-20. Powers and duties of Director-General.

20.

(1) The Board shall vest in the Director-General such powers and shall impose upon him such duties as the Board may determine.

(2) The Director-General shall be responsible for -

(a) the proper administration and management of the affairs of the Board;

(b) the preparation of -

(i) all programmes, schemes, projects and activities;

(ii) an estimate of expenditure for the implementation of the annual programmes; and

(iii) an estimate of income, for the approval of the Board;

(c) the execution of the annual programmes of the Board; and

(d) the carrying out of the decisions and directions of the Board.

(3) The Director-General shall have general control of the officers and servants of the Board.

(4) The Director-General shall perform such further duties as the Board may direct.

21 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-21. Appointment of officers and servants.

(1) Subject to any regulations made under subsection (3), the Board may -

(a) with the approval of the Minister, appoint such number of Deputy Directors-General;

(b) appoint such number of other officers and servants as may be necessary for carrying out the purposes of this Act,

on such terms and conditions as the Board deems desirable.

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

(3) The Board may, with the approval of the Minister, make regulations with respect to the conditions of service of its officers and servants.

(4) The appointment of the Director-General and Deputy Directors-General shall be published in the Gazette.

22 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-22. Power to grant loans and make advances to officers and servants.

The Board may grant loans and make advances to its officers and servants on such terms and conditions as advances to the Board may determine.

23 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-23. Delegation of Director-General's duties.

(1) The Director-General may in writing delegate any of the functions, powers or duties assigned to him under this Act to any officer of the Board, subject to such terms and conditions as he thinks fit.

(2) A delegation under this section shall not preclude the Director-General himself from performing or exercising at any time any of the functions, powers or duties so delegated.

24 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-24. Disciplinary committees.

(1) The Board shall have disciplinary authority over all its officers and servants and shall exercise disciplinary control in respect of all such persons in accordance with this Act and any regulations made under section 26.

(2) For the purposes of this section -

(a) there shall be established a disciplinary committee of the Board in respect of the Director-General consisting of -

(i) the Chairman, who shall be the chairman of the committee; and

(ii) at least two members of the Board, which shall not include the Director-General, as shall be determined among the members themselves; and

(b) the Board may, by notification in the Gazette, establish different disciplinary committees for different categories of officers and servants of the Board.

(3) The following provisions shall apply to any disciplinary committee established un

25 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-25. Appeal against decision of disciplinary committee.

(1) A decision of the disciplinary committee established under paragraph 24(2)(a) shall be appealable to the Minister committee.

(2) A decision of the disciplinary committee established under paragraph 24(2)(b) shall be appealable to the Disciplinary Appeal Board which shall consist of the following members:

(a) the Chairman of the Board, who shall be the chairman of the Disciplinary Appeal Board and shall have a casting vote; and

(b) three members of the Board, not being members of the disciplinary committee whose decision is the subject-matter of the appeal, to be appointed by the chairman of the Disciplinary Appeal Board with the approval of the Board for the purpose of the appeal.

(3) The Minister or the Disciplinary Appeal Board, as the case may be, may confirm, reverse or vary the decision of the disciplinary committee.

(4) When the Disciplinary Appeal B

26 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-26. Power to make disciplinary regulations.

(1) The Board may, with the approval of the Minister, make such regulations as it deems necessary or expedient to provide for the discipline of the officers and servants of the Board.

(2) The disciplinary regulations made under this section -

(a) may create disciplinary offences;

(b) may provide for such disciplinary punishments as the Board deems appropriate, and the punishments may extend to warning, fine, forfeiture of emoluments, deferment of salary movement, reduction of salary, reduction in rank and dismissal;

(c) shall provide an opportunity for the person against whom disciplinary proceedings are taken to make representations against the disciplinary charge laid against him before a decision is arrived at by the disciplinary committee except in the following cases:

(i) where an officer or a servant of the Board is dismissed or reduced in rank on the gro

27 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-27. Imposition of surcharge.

(1) A person who is or was in the employment of the Board may be surcharged if it appears to the Board that the person -

(a) has failed to collect any monies owing to the Board for the collection of which he is or was responsible;

(b) is or was responsible for any improper payment of monies from the Board or any payment of monies which is not duly approved;

(c) is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any monies, stores or other property of the Board;

(d) being or having been an accounting officer, fails or has failed to keep proper accounts or records; or

(e) has failed to make any payment, or is or was responsible for any delay in the payment from the Board, of monies to any person to whom such payment is due under any law or under any contract, agreement or arrangement entered into between that per

28 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-28. Notification of surcharge.

The Board shall notify the person surcharged under subsection 27(3) of the surcharge.

29 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-29. Withdrawal of surcharge.

Notwithstanding subsection 27(3) and section 28, the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Board shall forthwith notify the person surcharged of the withdrawal.

30 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-30. Recovery of surcharge.

The amount of any surcharge made under subsection 27(3) and not withdrawn under section 29 shall be a debt due to the Board from the person surcharged and may be sued for and recovered in any court at the suit of the Board and may also, if the Board so directs, be recovered by deduction -

(a) from the salary of the person surcharged; or

(b) from the pension of the person surcharged, by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of that person.

31 PART III DIRECTOR-GENERAL, OFFICERS AND SERVANTS OF THE BOARD-31. Composition of Board in special cases.

In any action for surcharge against the Director-General, the composition of the Board for the purposes of sections 27 to 30 shall not include the Director-General.

32 PART IV FINANCE-32. The Fund.

(1) There is established, for the purposes of this Act, a fund to be known as the "Malaysian Palm Oil Board Funds', to be administered and controlled by the Board.

(2) The Fund shall consist of -

(a) such sums as may be provided for the purposes of this Act by the Federal or any State Government;

(b) monies earned by the operation of any project, scheme or enterprise financed from the Fund;

(c) monies earned or arising from any property, investment, mortgage, charge or debenture acquired by or vested in the Board;

(d) any property, investment, mortgage, charge or debenture acquired by or vested in the Board;

(e) sums borrowed by the Board for the purposes of meeting any of its obligations or discharging any of its duties;

(f) monies earned from the consultancy, advisory or any other services provided by the Board;

(g)

33 PART IV FINANCE-33. Expenditure to be charged on Fund.

The Fund shall be expended for the purpose of -

( a) paying any expenditure lawfully incurred by the Board, including -

(i) the remuneration of the officers and servants of the Board, including the granting of loans, superannuation allowances, pensions or gratuities;

(ii) insurance coverage for the officers and servants of the Board;

(iii) costs incurred in providing for the welfare of the officers and servants of the Board;

and

(iv) legal fees and costs and other fees and costs;

(b) financing research and development activities;

(c) contributing to bodies or organisations of which the Board is a member;

(d) contributing to such organisations related to the oil palm industry as the Minister may determine;

(e) financing such scholarships for higher education as may be approved by the Board;

34 PART IV FINANCE-34. Conservation of Fund.

It shall be the duty of the Board to conserve the Fund by so performing its functions and exercising its powers under this Act as to secure that the total revenues of the Board are sufficient to meet all sums properly chargeable to its revenue account including depreciation and interest on capital taking one year with another.

35 PART IV FINANCE-35. Cess on oil palm product.

(1) The Minister may, after consultation with the Minister of Finance, make orders for the imposition, variation or cancellation of a cess on oil palm products produced in or exported from Malaysia and the orders may specify the nature, amount and rate of the cess, person or class of persons on whom the cess is imposed and the manner of collection of the cess.

[Am. Act A1222 - Prior text read -(1) The Minister may, after consultation with the Minister of Finance, make orders for the imposition, variation or cancellation of a cess on oil palm products produced in or exported from Malaysia and the orders may specify the nature, amount and rate of the cess and the manner of collection of the cess.]

(2) Except in so far as may be otherwise provided in any order made under subsection (1), the cess imposed by such order shall, for the purposes of its collection and for the enforcement of the collection thereof, be de

36 PART IV FINANCE-36. Expenditure and preparation of estimates.

(1) The expenditure of the Board up to such amount as may be authorized by the Minister for any one year shall be defrayed out of the Fund.

(2) Before the beginning of September of each year, the Board shall submit to the Minister an estimate of the expenditure (including the expenditure for research and development activities) for the following year in such form and containing such particulars as the Minister may direct; and the Minister shall, before the beginning of the following year, notify the Board of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure.

(3) The Board 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 in the supplementary estimate.

37 PART IV FINANCE-37. Statutory Bodies (Accounts and Annual Reports) Act 1980.

The Statutory Bodies (Accounts and Annual Reports) Act 1980 shall apply to the Board and any corporation established under this Act. .

38 PART V OTHER POWERS AND FUNCTIONS OF THE BOARD-38. Power to borrow.

The Board may, with the approval of the Minister and the Minister of Finance, at such rate of borrow. interest and for such period and upon such terms as to the time and method of repayment and otherwise as the Minister and the Minister of Finance may approve, any sums required by the Board for meeting any of its obligations or discharging any of its duties.

39 PART V OTHER POWERS AND FUNCTIONS OF THE BOARD-39. Investment.

(1) The monies of the Board shall, in so far as they are not required to be expended by the Board under this Act, be invested in such manner as the Minister and the Minister of Finance may approve.

(2) Without prejudice to the generality of subsection (1), the Board may, with the approval of the Minister, acquire and develop land and property for or in connection with the exercise of its powers and for this purpose may enter into such negotiations, arrangements or agreements as may be necessary for generating income required for the operation of the Board.

40 PART V OTHER POWERS AND FUNCTIONS OF THE BOARD-40. Commercialisation of research findings.

The Board may make available any research finding vested in the Board to any person or body subject to such findings, conditions and the payment of such fees, royalties or other consideration, if any, as the Board may, with the approval of the Minister, determine for the purpose of its commercialisation.

41 PART V OTHER POWERS AND FUNCTIONS OF THE BOARD-41. Power to employ agents, etc.

The Board may employ and pay agents and technical advisers, including advocates and solicitors, bankers, stockbrokers, surveyors, valuers and other persons, to transact any business or to do any act required to be transacted or done in the performance of its functions, the exercise of its powers or the discharge of its duties or for the better carrying into effect of the purposes of this Act.

42 PART V OTHER POWERS AND FUNCTIONS OF THE BOARD-42. Power to grant loans.

The Board may, with the approval of the Minister and the Minister of Finance, grant loans at such rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise as the Minister and the Minister of Finance may approve.

43 PART V OTHER POWERS AND FUNCTIONS OF THE BOARD-43. Power to establish corporations.

(1) The Board may, with the approval of the Minister and the Minister of Finance, by order published in the Gazette, establish a corporation, by such name as the Board deems fit, to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Board in the performance of its functions, the exercise of its powers or the discharge of its duties.

(2) The provisions of the Second Schedule shall apply to every corporation established by the Board under subsection (1).

44 PART VI ENFORCEMENT-44. Authorization of officers.

(1) The Director-General may in writing authorize any officer of the Board to exercise the powers of enforcement under this Act.

(2) An officer authorized under subsection (1) when acting under this Act shall, on demand, declare his office, and produce to the person against whom he is acting or from whom he seeks any information such authority card as the Director-General may direct to be carried by such officer.

45 PART VI ENFORCEMENT-45. Power of investigation.

An authorized officer may investigate the commission of any offence under this Act.

46 PART VI ENFORCEMENT-46. Power of arrest.

46.

An authorized officer may arrest without warrant any person -

(a) found committing or attempting to commit or abetting the commission of an offence under this Act; or

(b) whom the authorized officer reasonably suspects of being engaged in committing or attempting to commit or abetting the commission of an offence under this Act,

if the person refuses or fails to furnish the person's name and address or if there are reasonable grounds for believing that the person has furnished a false name or address or that the person is likely to abscond.

47 PART VI ENFORCEMENT-47. Search by warrant.

(1) If it appears to a Magistrate, upon written information on oath and after such enquiry as the Magistrate considers necessary, that there is reasonable cause to believe that an offence under this Act or any regulations made under this Act is being or has been committed on any premises, the Magistrate may issue a warrant authorizing any authorized officer named therein to enter the premises at any reasonable time by day or by night, with or without assistance and if need be by force, and there to -

(a) search for and seize any oil palm product, conveyance, machinery, contrivance, equipment, book, record, document or other article that is reasonably believed to furnish evidence of the commission of such offence;

(b) take samples of any oil palm product or thing found in the premises for the purposes of ascertaining, by testing or otherwise, whether the offence has been committed; and

(c)

48 PART VI ENFORCEMENT-48. Search without warrant.

If an authorized officer in any of the circumstances referred to in section 47 has reasonable cause to believe that by reason of delay in obtaining a search warrant under that section the investigation would be adversely affected or evidence of the commission of an offence 15 likely to be tampered with, removed, damaged or destroyed, such officer may enter such premises and exercise in, upon and in respect of the premises all the powers referred to in section 47 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.

49 PART VI ENFORCEMENT-49. Power to stop and search conveyances.

(1) If an authorized officer has reasonable cause to suspect that any conveyance is carrying any oil palm product, machinery, contrivance, equipment, book, record, document or any other article in respect of which an offence under this Act or any regulations made under this Act is being or has been committed, he may stop and examine the conveyance and may, if on examination he has reasonable cause to believe that such conveyance 15 or has been used for the commission of such offence, seize such conveyance and any oil palm product, machinery, contrivance, equipment, book, record, document or other article found in the conveyance that is reasonably believed to furnish evidence of the commission of such offence.

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

(a) stop the conveyance and allow the authorized officer to examine it; and

(b)

50 PART VI ENFORCEMENT-50. List of things seized.

(1) Except as provided in subsection (2), where any oil palm product, conveyance, machinery, contrivance, equipment, book, record, document or other article is seized under section 47, 48 or 49, the seizing officer shall prepare a list of the things seized and immediately deliver a copy of the list signed by him to

(a) where premises have been searched under section 47 or 48, the occupier of the premises which have been searched, or to his agent or servant, at those premises; and

(b) where a conveyance is seized under section 49, the person in control or in charge of the conveyance.

(2) Where the premises are unoccupied, the seizing officer shall whenever possible post a list of the things seized conspicuously on the premises.

51 PART VI ENFORCEMENT-51. Power to enter premises.

Notwithstanding sections 47 and 48, an authorized enter officer may at any time enter any premises for the purpose of -

(a) inspecting any oil palm product, conveyance, machinery, contrivance, equipment, book, record, document or other article as he considers necessary;

(b) verifying the accuracy of records or statements or any information given to an authorized officer or to the Board; or

(c) collecting samples of any oil palm products

52 PART VI ENFORCEMENT-52. Temporary return of conveyance, etc.

(1) Where any conveyance, machinery, contrivance or equipment is seized under this Act, the court may temporarily return the conveyance, machinery, contrivance or equipment to the owner of the conveyance, machinery, contrivance or equipment or the person from whose possession, custody or control it was seized, subject to such terms and conditions as the court may impose and, subject to any case to sufficient security being furnished to the satisfaction of the court that the conveyance, machinery, contrivance or equipment shall be surrendered to the court on demand and that such terms and conditions, if any, shall be complied with.

(2) Where any seized conveyance, machinery, contrivance or equipment is temporarily returned under subsection (1), a person who

(a) fails, on demand, to surrender the conveyance, machinery, contrivance or equipment to the court; or

(b) contravenes any of the terms or cond

53 PART VI ENFORCEMENT-53. Sale and disposal of seized oil palm product.

(1) The Director-General may at any time direct that any oil palm product seized under this Act be sold and the proceeds of the sale be held while waiting for the result of any prosecution under this Act where

(a) the oil palm product is of a perishable nature or easily deteriorates in quality;

(b) the custody of the oil palm product involves unreasonable expense and inconvenience;

(c) there is a lack or absence of adequate or proper facilities for the storage of the oil palm product; or

(d) the oil palm product is believed to cause an obstruction or to be a hazard to the public.

(2) Notwithstanding subsection (1), where an analyst certifies, or if the results of tests as certified by an analyst proves, that the oil palm product tested by him is contaminated, the seizing officer may keep it in custody or, if no prosecution is instituted in respect of

54 PART VI ENFORCEMENT-54. Seized oil palm product, etc. liable to forfeiture.

Any oil palm product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized in exercise of any power conferred under this Act shall be liable to forfeiture.

55 PART VI ENFORCEMENT-55. Property in forfeited oil palm product, etc.

Any oil palm product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article forfeited or taken deemed to be forfeited under this Part shall be the property of the Board.

56 PART VI ENFORCEMENT-56. Forfeiture or release of seized oil palm product, etc.

(1) If prosecution is instituted with regard to any oil palm or proceeds of sales thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act, the court before which the prosecution with regard thereto has been held may order the forfeiture or release of the thing concerned.

(2) The court shall order the forfeiture of the oil palm product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the oil palm product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article was the subject-matter of or was used in the commission of the offence, notwithstanding that no person may have been convicted of such offence.

(3) If no prosecu

57 PART VI ENFORCEMENT-57. Claim for seized oil palm product, etc.

(1) A person who asserts that he is the owner of the oil palm product or the proceeds of sale thereof, or of the conveyance, machinery, contrivance, equipment, book, record, document or other article referred to in subsection 56(3) and that it is not liable to forfeiture may, personally or by his agent authorized in writing, give written notice to the authorized officer in whose custody it is held that he claims the oil palm product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article.

(2) On receipt of the notice referred to in subsection (1), the authorized officer shall refer the matter to the Director-General who may direct that the oil palm product or the proceeds of sale thereof, or the conveyance, machinery, contrivance, equipment, book, record, document or other article be released or may direct the authorized officer, by information in writing, to refer

58 PART VI ENFORCEMENT-58. Release of seized oil palm product, etc.

Notwithstanding section 57, the Director-General or any officer authorized by the Director-General may, where he thinks fit, at any time direct that any oil palm product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Part be released to the person from whose possession, custody or control it was seized.

59 PART VII GENERAL-59. Regulation of oil palm industry.

The oil palm industry of Malaysia shall be regulated in accordance with the regulations made under this Act.

60 PART VII GENERAL-60. Appointment of analysts.

(1) For the purposes of this Act, the Minister may appoint analysts to examine and test any oil palm product and to certify its condition, type, method of processing, quality, standard and grade.

(2) In any prosecution for an offence under this Act, a certificate of analysis signed by an analyst shall be sufficient evidence of the facts stated in the certificate.

61 PART VII GENERAL-61. Proportional examination or testing of seized oil palm product.

(1) Where it is necessary to examine or test any oil palm product seized under this Act, it shall be sufficient to examine or test only a sample not exceeding ten per seized oil centum in volume or weight of the oil palm product or of each different type or description of the oil palm product or, if the oil palm product is packed in different packages, of the contents of each package.

(2) The court shall presume that the rest of the type, description or package of the oil palm product conforms in condition, type, method of processing, quality, standard, grade or otherwise to the sample of the oil palm product examined or tested.

62 PART VII GENERAL-62. Cost of holding seized oil palm product, etc.

Where any oil palm product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act is held in the custody of the Board or the Government pending completion of any proceedings in respect of an offence under this Act, the cost of holding it in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Board or the Government, as the case may be, by such person and shall be recoverable accordingly.

63 PART VII GENERAL-63. No costs or damages arising from seizure to be recoverable.

No person shall, in any proceedings before any court in respect of the seizure of any oil palm product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

64 PART VII GENERAL-64. Additional powers.

(1) An authorized officer shall, for the purposes of the execution of this Act, have power to do all or any of the following acts:

(a) to require the production of records, accounts, computerised data and documents and to inspect, examine and copy any of them;

(b) to require the production of any identification document from any person in relation to any case or offence under this Act;

(c) to make such enquiry as may be necessary to ascertain whether the provisions of this Act have been complied with.

(2) A person who fails to comply with a request made under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

65 PART VII GENERAL-65. Offence to assault or obstruct authorized officer.

A person who -

(a) assaults, obstructs, impedes or interferes with any authorized officer in the performance of his functions under this Act;

(b) rescues or endeavours to rescue any oil palm product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act; or

(c) before or after any seizure causes the disappearance of, or damages or destroys any oil palm product, conveyance, machinery, contrivance, equipment, book, record, document or other article in order to prevent the seizure thereof or the securing of the oil palm product, conveyance, machinery, contrivance, equipment, book, record, document or other article,

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two

66 PART VII GENERAL-66. Duty to maintain secrecy.

(1) Except for the purposes of this Act, no person who has access to any record, book, register, correspondence, information, document or other material obtained under this Act shall disclose such record, book, register, correspondence, information, document or other material to any other person.

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

67 PART VII GENERAL-67. False information.

A person who makes, orally or in writing, signs or furnishes any declaration, return, certificate or other document or information required under this Act which is untrue, inaccurate or misleading in any particular shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

68 PART VII GENERAL-68. Offence by body corporate.

(1) Where a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management -

(a) may be charged severally or jointly in the same proceedings with the body corporate; and

(b) where the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves -

(i) that the offence was committed without his knowledge, consent or connivance;

and

(ii) that he took all reasonable precautions and had exercised due diligence to prevent t

69 PART VII GENERAL-69. General penalty.

(1) A person who is guilty of an offence under this Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) For the purposes of this section, "this Act" shall not include the regulations made under this Act.

70 PART VII GENERAL-70. Abetments and attempts punishable as offences.

(1) A person who abets the commission of or who attempts to commit any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence.

(2) A person who does any act preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence:

Provided that any term of imprisonment imposed shall not exceed one-half of the maximum term provided for the offence.

71 PART VII GENERAL-71. Compounding of offences.

(1) The Director-General may compound any offence committed by any person under this Act and prescribed of to be a compoundable offence by regulations made under this Act by making a written offer to such person to compound the offence upon payment to the Director-General of such amount not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in the offer.

(2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the Director-General may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.

(3) Where an offence has been compounded under subsection (1), no prosecution shall thereafter be institu

72 PART VII GENERAL-72. Institution and conduct of prosecution.

(1) No prosecution for or in relation to any offence under this Act shall be instituted without the written consent of the Public Prosecutor.

(2) Any officer of the Board authorized in writing by the Public Prosecutor may conduct the prosecution for any offence under this Act.

73 PART VII GENERAL-73. Jurisdiction to try offences.

Notwithstanding any written law to the contrary, a Court of a Magistrate of the First Class shall have jurisdiction to try any offence under this Act and to impose the full punishment for any such offence.

74 PART VII GENERAL-74. Protection of officers.

No action or prosecution shall be brought, instituted or maintained in any court against-

(a) the Director-General, Deputy Directors-General, or any other officer duly appointed under this Act for or on account of or in respect of any act ordered or done for the purpose of carrying this Act into effect; and

(b) any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Director-General, a Deputy Director-General or any other officer duly appointed under this Act if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.

75 PART VII GENERAL-75. Rewards.

The Director-General may order such rewards as he thinks fit to be paid to any person for services rendered in connection with the detection of any offence under this Act or in connection with any seizures made under this Act.

76 PART VII GENERAL-76. Protection of informers.

(1) Except as provided in subsections (2) and (3), no witness in any civil or criminal proceeding shall be obliged or permitted to disclose the name or address of an informer or the substance of the information received from him or to state any matter which might lead to his discovery.

(2) If any book, record or document which is in evidence or liable to inspection in any civil or criminal proceeding contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.

(3) If on the trial for any offence under this Act or any regulations made under this Act the court after full enquiry into the case believes that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if

77 PART VII GENERAL-77. Power to exempt.

(1) The Minister may by order published in the Gazette exempt any person or class of persons or any oil palm product or other thing from all or any of the provisions of this Act.

(2) The Minister may impose any terms and conditions as he thinks fit on any exemption under subsection (1).

78 PART VII GENERAL-78. Regulations.

(1) The Minister may make regulations for all or any of the following purposes:

(a) prescribing the manner of applying for licences, certificates, permits and approvals under this Act, the particulars to be supplied by an applicant, the manner of licensing and certification, the fees payable therefor, the conditions to be imposed and the form of licences, certificates, permits and approvals;

(b) prescribing the standards of processing and methods of preserving, grading or packaging oil palm products;

(c) prescribing the standards or grades of oil palm products and making provision for giving effect to such standards and grades, including provisions for or relating to labelling;

(d) prescribing the procedure to be followed by exporters in exporting oil palm products;

(e) providing for the maintenance of proper standards of conduct in the carrying out of the

79 PART VII GENERAL-79. Validation of acts done in anticipation of Act.

(1) Subject to subsection (2), all acts and things done by any person in preparation for or in anticipation of this Act and any expenditure incurred in relation thereto shall be deemed to have been authorized under this Act, provided that the acts and things done are not inconsistent with the general intention and purposes of this Act; and all rights and obligations acquired or incurred as a result of the doing of those acts or things including any expenditure incurred in relation thereto shall be deemed to be the rights and obligations of the Board.

(2) Subsection (1) does not extend to authorizing the appointment of members, officers or servants of the Board except in so far as to authorize the temporary appointment of such persons until the proper appointments are made under this Act.

80 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-80. Repeal and dissolution.

The Palm Oil Registration and Licensing Authority (Incorporation) Act 1976 and the Palm Oil Research and Development Act 1979 (the "repealed Acts") are repealed and the Palm Oil Registration and Licensing Authority (the "dissolved Authority"), the Palm Oil Research and Development Board (the "dissolved Board") and the Palm Oil Research Institute of Malaysia (the "dissolved Institute") are dissolved.

81 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-81. Transfer of powers, etc.

The powers, rights, privileges, liabilities, obligations and duties that before the appointed day were those of the dissolved Authority, the dissolved Board and the dissolved Institute shall devolve as from that day on the Board.

82 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-82. Transfer of property.

(1) All lands that before the appointed day were vested in, or reserved under any written law relating to land for the purposes of, the dissolved Authority, the dissolved Board and the dissolved Institute shall on that day vest in or be deemed to be reserved for the purposes of the Board.

(2) All property and assets other than land that before the appointed day were vested in the dissolved Authority, the dissolved Board and the dissolved Institute or in any person on behalf of the dissolved Authority, the dissolved Board or the dissolved Institute, as the case may be, shall on that day vest in the Board.

83 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-83. Existing contracts.

All deeds, bonds, agreements, instruments and working arrangements subsisting before the appointed day and affecting any of the property transferred under section 82 shall have full force and effect against or in favour of the Board and shall be enforceable as fully and effectually as if, instead of the dissolved Authority, the dissolved Board or the dissolved Institute or any person acting on behalf of the dissolved Authority, the dissolved Board or the dissolved Institute, the Board had been named therein or been a party thereto.

84 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-84. Transfer of monies in funds.

All monies standing in or due to be paid to the funds of the dissolved Authority or the dissolved Board established under the repealed Acts shall on the appointed day be transferred to and be deemed to be part of the Fund established under section 32 of this Act.

85 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-85. Membership of dissolved Authority and dissolved Board.

(1) Notwithstanding anything to the contrary, the members of the dissolved Authority and the dissolved Board and the members of any committee appointed under the repealed Acts who held office before the appointed day shall cease to hold office on that day.

(2) Nothing in subsection (1) shall affect the accountability of the outgoing members of the dissolved Authority and the dissolved Board and as soon as practicable after the appointed day, the dissolved Authority and the dissolved Board shall prepare and submit to the Minister a report including the financial statements required under the respective repealed Acts, but the report shall be limited to the period from 1 January of the relevant year to the day before the appointed day.

(3) Notwithstanding section 80, the dissolved Authority and the dissolved Board shall continue in existence for the purposes of subsection (2).

86 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-86. Continuance of officers and servants.

The persons who on the appointed day are employed as officers and servants of the dissolved Authority, the dissolved Board or the dissolved Institute under the repealed Acts shall continue to be officers and servants of the Board under this Act as if those persons had been appointed under subsection 21(1) of this Act on the same terms and conditions for a term expiring on the day on which their appointments under the repealed Acts would expire.

87 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-87. Savings for licences and registers.

(1) Notwithstanding the repeal under section 80 or for any provision of this Act to the contrary, every person who, before the appointed day, held a valid licence issued to him under the repealed Acts shall be deemed to be licensed under this Act until the expiry date of the licence and subject to the terms and conditions attached thereto.

(2) Every licence by virtue of which a person is deemed under subsection (I) to be licensed under this Act shall be deemed to have been issued under this Act; and the Board may alter the terms and conditions attached to the licence for the purpose of bringing them into conformity with the policy of the Board regarding the imposition of conditions on licensing under this Act.

(3) The provisions of this Act relating to the cancellation of licences shall apply to all persons deemed under subsection (1) to be licensed under this Act.

(4) If a person deemed to be licensed under this Act under subse

88 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-88. Continuance of pending applications, etc.

(1) All applications, approvals or decisions, on appeal or otherwise, pending before the dissolved Authority, the dissolved Board or the dissolved Institute under the repealed Acts shall on the appointed day be dealt with by the Board under this Act.

(2) All applications, approvals or decisions, on appeal or otherwise, pending before the Minister under the repealed Acts shall on the appointed day be dealt with by the Minister under this Act.

(3) All instruments, certificates or documents lodged with the dissolved Authority, the dissolved Board or the dissolved Institute under the repealed Acts before the appointed day shall on the appointed day be lodged with the Board.

89 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-89. Continuance of civil and criminal proceedings.

(1) Neither the repeal under section 80 nor anything contained in this Act shall affect any person's liability to be prosecuted or punished for offences committed under the repealed Acts before the appointed day, or any proceedings brought before that day in respect of such offences.

(2) Any proceedings, whether civil or criminal, or cause of action pending or existing before the appointed day by or against the dissolved Authority, the dissolved Board or the dissolved Institute or any person acting on behalf of the dissolved Authority, the dissolved Board or the dissolved Institute may be continued or instituted by or against the Board as it might have been by or against the dissolved Authority, the dissolved Board, the dissolved Institute or such person if this Act had not been enacted.

(3) Any appeal brought or any leave to appeal applied for on or after the appointed day against a decision given before that day in any legal proceedin

90 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-90. Reference in law or document to dissolved Authority, dissolved Board and dissolved.

A reference in any law or document in force before the appointed day to the dissolved Authority, the dissolved Board or the dissolved Institute shall be construed as a dissolved reference to the Board.

91 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-91. Continuance of use of name.

(1) Notwithstanding sections 80 and 90, the Board may continue to use the names "Palm Oil Research Institute of Malaysia" and "PORIM" for the purpose of maintaining goodwill or for any purpose the Board deems fit.

(2) No other person may use the name "Palm Oil Research Institute of Malaysia" or "PORIM" except with the prior written approval of the Board.

(3) A person who contravenes subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.

92 PART VIII REPEAL, SAVINGS AND TRANSITIONAL-92. Prevention of anomalies.

(1) The Minister may, after consultation with the Board, whenever it appears to him necessary or expedient to do so, whether for the purpose of removing difficulties, preventing anomalies or in consequence of the enactment of this Act, by order published in the Gazette make such modifications to any provisions in any existing laws as he thinks fit.

(2) The Minister shall not exercise the powers conferred by subsection (I) after the expiration of two years from the appointed day.