AKTA LEMBAGA KEMAJUAN PERTANIAN KEMUBU 1972

) The functions of the Authority shall be—

to promote, stimulate, facilitate and undertake economic and social development in the Kawasan Kemubu; and

to plan and undertake within the Kawasan Kemubu such agricultural development as may be assigned to it by the State.

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

to carry on all activities the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the discharge of its said functions, including the manufacturing, assembling, processing, packing, grading and marketing of products, research and training;

to co-operate with or act as agent or managing agent of or otherwise act in association with or on behalf of the Government of the Federation or of the State, any public authority, any company, any corporation, any body or any person;

to promote and co-ordinate the carrying on of such activities by the Government of the Federation or of the State, public authorities, any company, corporation, or other body or person;

to establish or expand, or promote the establishment or expansion of companies, corporation or other bodies to carry on any such activities either under the control or partial control of the Authority or independently;

to give assistance to any public authority, company, corporation or other body or person appearing to the

Authority to have facilities for the carrying on of any such activities, including financial assistance by the taking up of share or loan capital or by loan or otherwise;

to purchase, underwrite or otherwise acquire any stock and shares in any public or private company, and to dispose of the same on such terms and conditions as the Authority may determine;

to require departments, and governmental and non-governmental agencies engaged in carrying out or intending to carry out development in the Kawasan

Kemubu to submit report regarding their activities or proposed activities containing such particulars and information as may be specified by the Authority;

to appoint agents or establish such other bodies as it may deem fit for the purposes of carrying out its functions;

to impose fees or any other charges it deems fit for giving effect to any of its powers or functions;

to receive, in consideration of the services rendered by it, such commission or payment as may be agreed upon;

to regulate development in the Kawasan Kemubu; and

to do such other things as it deems fit for the effective carrying out of its functions and powers.

Membership of the Authority 5.

) The Authority shall consist of the following members:

a Chairman;

a Deputy Chairman;

the Director General of Drainage and Irrigation or his representative;

a representative of the Federal Agricultural Marketing

Authority established under the Federal Agricultural

Marketing Authority Act 1965 [Act 141];

a representative of the Bank Pertanian Malaysia established under the Bank Pertanian Malaysia Act 1969 [Act 9];

a representative of the Lembaga Padi dan Beras Negara established under the Lembaga Padi dan Beras Negara

Act 1971* [Act 47];

three representatives of the State; and

not more than three other members.

)

The Chairman shall be appointed by the Yang di-Pertuan

Agong and the other members of the Authority shall be appointed by the Minister.

)

The provisions of the First Schedule shall apply to the members of the Authority.

*NOTE—The Lembaga Padi dan Beras Negara Act 1971 [Act 47] is repealed and the

Lembaga established under the said Act is dissolved—see section 32 of the Control of

Padi and Rice Act 1994 [Act 522].

) The Authority shall be responsible to the Minister, and the Minister may, from time to time, give directions not inconsistent with the provisions of this Act and the Authority shall, as soon as possible, give effect to all such directions.

) Without prejudice to the generality of subsection (1), and subject to consultation with the Authority, the power of the

Minister to give directions shall extend to the giving to it of directions—

as to the disposal of capital assets; and

as to the application of proceeds of such disposals, notwithstanding that the directions may be of a specific character:

Provided that no such direction shall, so long as any sum borrowed by the Authority in accordance with the provisions of this Act remains outstanding, be given except with the concurrence of the Minister of

Finance.

The Kawasan Kemubu 9.

)

For the purposes of this Act, the Minister may, after consultation with the Government of the State, from time to time, determine by notification in the Gazette the area within which the 069e.fm Page 11 Friday, March 31, 2006 4:21 PM

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Authority shall perform its functions under this Act and such area shall be known as the “Kawasan Kemubu”.

)

Notwithstanding any other written law, it shall be the responsibility of the Authority to exercise the functions provided by this Act in the Kawasan Kemubu.

Additional functions of the Authority

)

Without prejudice to the generality of the provisions of subsection (1), the Authority 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 the

Government of the State or any other public authority, a report dealing with the activities of the Authority during the preceding financial year and in such form and containing such information relating to the proceedings and policy of the Authority as the

Minister may from time to time specify.

)

The Minister shall cause a copy of every such report to be laid before the Dewan Rakyat.

)

All officers and servants of the Authority shall be under the general control of the Chairman.

)

The Chairman shall perform such other or further duties as the Minister may from time to time determine.

Deputy Chairman to be General Manager

)

The Deputy Chairman shall be responsible to the Chairman.

)

Subject to the directions of the Chairman, the Deputy

Chairman shall have administrative control of the officers and servants of the Authority.

)

The Deputy Chairman shall perform such other or further duties as the Authority or the Minister may from time to time determine or as the Chairman may from time to time direct.

Temporary members of the Authority

)

No person shall be eligible for employment as an officer or servant of the Authority who 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 Authority.

)

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

Discipline of officers and servants 15A. (1)

There shall be a Disciplinary Committee of the Authority which shall consist of two members to be elected by and from the members of the Authority, one of whom shall be elected chairman, and the Deputy Chairman appointed under subsection 5(1).

)

The disciplinary authority in respect of every officer and servant of the Authority other than the Deputy Chairman shall be the Disciplinary Committee of the Authority established under subsection (1).

)

The disciplinary authority in respect of the Deputy

Chairman shall be the Disciplinary Committee which shall consist of the Secretary General of the Ministry of Agriculture and Agro-based Industry as chairman and two members to be elected by and from the members of the Authority.

)

The Deputy Chairman shall not be a member of the

Disciplinary Committee in any proceedings before it in which he is the complainant; his place shall be taken by a member to be elected by and from the members of the Authority.

)

In the exercise of its disciplinary functions, the

Disciplinary Committee shall have the power to impose such disciplinary punishment as may be provided for under any regulations that may be made under section 32A.

)

The Disciplinary Committee may, subject to subsection

), delegate any of its disciplinary functions, powers or duties to any committee of officers or servants of the Authority, in respect of any particular officer or servant of the Authority or in respect of any class or category of officers or servants of the Authority, and the committee delegated with such functions, powers or duties shall carry out, exercise or discharge them under the direction and control of the Disciplinary Committee which shall have the power to review, rescind or vary any decision or finding of such committee.

) No delegation shall be made under subsection (6) so as to enable an officer or servant of the Authority to be a member of a committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank.

)

A decision of the Disciplinary Committee established under subsection (1) shall be appealable to the Disciplinary Appeal

Board established under section 15B.

)

A decision of the Disciplinary Committee established under subsection (3) shall be appealable to the Minister.

) The Disciplinary Appeal Board or the Minister, as the case may be, may confirm, reverse or vary the decision of the

Disciplinary Committee.

) A decision of the Disciplinary Appeal Board or the

Minister under subsection (10) shall be final and conclusive.

Establishment of Disciplinary Appeal Board 15B. (1) There shall be a Disciplinary Appeal Board of the

Authority which shall consist of the following members:

the Chairman, who shall be the chairman of the

Disciplinary Appeal Board and shall have a casting vote; and

three members of the Authority, not being members of the Disciplinary Committee whose decision is the 069e.fm Page 15 Friday, March 31, 2006 4:21 PM

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) When the Disciplinary Appeal Board considers an appeal made under section 15A, a member of the Disciplinary Committee against whose decision the appeal is made who is also a member of the Authority shall not present or in any way participate in any proceedings relating to the appeal.

Termination in the public interest 15C. (1) Where the Authority finds or where representations are made to the Authority that it is desirable that the service of an officer or a servant be terminated in the public interest, the

Authority may call for a full report from the superior officer of the officer or servant against whom the representations are made which shall contain particulars relating to the work and conduct of the officer or servant.

) If, after considering the report received under subsection

), the Authority is satisfied that, having regard to the conditions of service, the usefulness of the officer or servant, the work and conduct of the officer or servant and all other circumstances of the case, it is desirable in the public interest so to do, the

Authority may terminate the service of the officer or servant with effect from such date as the Authority shall specify.

) It shall be lawful for the appropriate Disciplinary Committee to recommend to the Authority that the service of an officer or a servant be terminated in the public interest notwithstanding that disciplinary proceedings have not been carried out under this Act and the Authority may so terminate the service of the officer or servant.

) Notwithstanding anything in this Act and any other law to the contrary, in terminating the service of an officer or a servant in the public interest under this section, the officer or servant may not be given any opportunity of being heard and an officer or a servant whose service has been terminated in the public interest under this section shall not be regarded as having dismissed, regardless of whether the termination of service of the officer or servant involved an element of punishment or was connected with 069e.fm Page 16 Friday, March 31, 2006 4:21 PM

Kemubu Agricultural Development Authority 17

conduct in relation to his office which the Authority regards as unsatisfactory or blameworthy.

Regulations governing conditions of service of officers and servants

)

The Fund shall consist of—

such sums as may be provided from time to time for those purposes by Parliament or the Legislative

Assembly of the State;

such sums as may be allocated from time to time to the

Authority from loan funds;

moneys earned by the operation of any project, scheme or enterprise financed from the Fund;

moneys earned or arising from any property, investments, mortgages, charges or debentures acquired by or vested in the Authority;

any property, investments, mortgages, charges or debentures acquired by or vested in the Authority;

sums borrowed by the Authority for the purpose of meeting any of its obligations or discharging any of its duties; and

all other sums or property which may in any manner become payable to or vested in the Authority in respect of any matter incidental to its powers and duties.

)

In this section the expression “loan funds” means such sums as may be made available from time to time to the

Government of the Federation by way of loan.

Balancing of revenue account

paying all expenses incurred under section 25;

granting loans under section 27;

paying any expenses lawfully incurred by the

Authority, including survey, legal and other fees and costs, and the remuneration of officers and servants appointed and employed by the Authority including superannuation allowances, pensions or gratuities;

paying any other expenses, cost or expenditure properly incurred or accepted by the Authority in the execution of its duty or in the discharge of its functions under section 4;

purchasing or hiring plant, equipment, machinery, stores and any other materials and acquiring land and erecting buildings and carrying out any other works and undertakings in the execution of its duty or in the discharge of its functions under section 4;

repaying any moneys borrowed under this Act and the interest due thereon; and

generally, paying any expenses for carrying into effect the provisions of this Act.

Expenditure and preparation of Estimates

)

Before the beginning of September of each year the

Authority shall submit to the Minister an estimate of the expenses

(including those for development projects) for the following year in such form and containing such particulars as the Minister may direct; and the Minister shall before the beginning of that following year notify the Authority of the amount authorized for expenses generally or of the amounts authorized for each description of expenditure.

)

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

)

The Minister may direct the Authority to submit a copy of the estimate or supplementary estimate, as the case may be, to the

Government of the State or to any other person as may be specified in the direction.

Accounts and audit

) The accounts of the Authority shall be audited annually by the Auditor General or other auditor appointed by the Authority with the approval of the Minister.

)

After the end of each financial year, and as soon as the accounts of the Authority have been audited, the Authority shall cause a copy of the statement of accounts to be transmitted to the 069e.fm Page 19 Friday, March 31, 2006 4:21 PM

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Minister or, on being directed so to do by the Minister, to the

Government of the State or any other person, together with a copy of any observations made by the Auditor General or other auditor appointed under subsection (2) on any statement or on the accounts of the Authority.

)

The Minister shall cause a copy of every such statement and observations to be laid before the Dewan Rakyat.

Surcharge 22A. (1)

If it appears to the Authority that any person who is or was in the employment of the Authority—

has failed to collect any moneys owing to the

Authority for the collection of which he is responsible;

is or was responsible for any payment from the Fund of moneys which ought not to have been made or for any payment of moneys which is not duly vouched;

is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the

Authority;

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

has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Authority, the Authority shall serve on him a written notice calling on him to show cause why he should not be surcharged, and if a satisfactory explanation is not, within fourteen days from the date of service of the notice as aforesaid, furnished to the Authority with regard to the failure to collect, payment which ought not to have been made, payment not duly vouched, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Authority may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or 069e.fm Page 20 Friday, March 31, 2006 4:21 PM

Kemubu Agricultural Development Authority 21

loss or the value of the property destroyed, as the case may be, and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment, the

Authority may surcharge against the said person such sum as the

Authority may think fit.

)

The Chairman shall cause the Deputy Chairman to be notified of any surcharge made under subsection (1) and the

Deputy Chairman shall thereupon notify the person surcharged.

)

The Authority 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 Chairman shall at once cause the Deputy Chairman to be notified of such withdrawal.

) The amount of any surcharge made under subsection (1)

and not withdrawn under subsection (3) shall be a debt due to the

Authority from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the

Authority and may also be recovered by deduction—

from the salary of the person surcharged if the

Authority so directs;

from the pension of the person surcharged if the

Authority so directs, by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of the person.

)

Without prejudice to the generality of subsection (1), the

Authority may delegate to the Chairman, Deputy Chairman, any of its other members or any person authority to sanction expenditure from the Fund or any other money under the control of the Authority up to such limit as the Authority shall in such case specify.

Power to borrow

) The Authority may, from time to time, with the approval of the Minister, borrow money by the issue of bonds, debentures or debenture stock, or raise capital by the issue of shares or stock of such class and value and upon such terms as it may deem expedient for all or any of the following purposes:

the provisions of working capital;

the fulfilling of the duties of the Authority under this

Act;

the fulfilling of such additional functions as may be undertaken by the Authority under this Act;

the redemption of any shares or stock which it is required or entitled to redeem; and

any other expenditure properly chargeable to capital account.

Investment

)

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

Compulsory acquisition of land

)

The expenses and compensation in respect of any immovable property acquired under this section shall be paid by the Authority.

)

When any immovable property has been acquired under this section, the Authority shall extract the necessary documents of title in respect of such property and shall pay any rent to which such property may be subject.

)

Any person contravening the provisions of subsection (1)

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or to both.

Power to make regulations

)

Without prejudice to subsection (1), regulations under that subsection may be made for—

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

prescribing for the responsibilities and control of officers and servants of the Authority;

imposing fees in such cases as may be determined by the Authority;

providing for such matters in connection with shares, stock, bonds, debentures or debenture stock issued under this Act as may appear necessary or expedient to the Authority, and, in particular, for regulating the method of issue, transfer, redemption or other dealing with such shares, stock, bonds, debentures or debenture stock;

prescribing the manner in which and the terms and conditions on which loans may be granted by the

Authority under section 27; and

providing generally for the exercise of its powers and duties under the provisions of this Act.

) Such regulations—

may prescribe that any act or omission in contravention of the provisions of any regulation shall be an offence;

and

may provide for the imposition of penalties for such offences, which penalties shall not exceed one thousand ringgit.

Power to make disciplinary regulations 32A. (1)

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

)

The disciplinary regulations made by the Authority under this section may include provisions for the interdiction with reduction in salary or in other remuneration, or provisions for the suspension without salary or other remuneration, of an officer or servant of the Authority during the pendency of disciplinary proceedings.

)

The disciplinary regulations made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Authority may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank.

) The disciplinary regulations made under this section shall, in prescribing the procedure for disciplinary proceedings, provide for 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:

where an officer or a servant of the Authority is dismissed or reduced in rank on the ground of conduct in respect of which a criminal charge has been proved against him;

where the Authority, on the recommendations of the

Minister charged with the responsibility for home affairs, is satisfied that in the interest of the security of

Malaysia or any part thereof it is not expedient to carry out the requirements of this subsection; or

where there has been made against an officer or a servant of the Authority any order of detention, supervision, restricted residence, banishment or deportation, or where there has been imposed on an officer or a servant of the Authority any form of restriction or supervision, by bond or otherwise, under any law relating to the security of Malaysia or any part thereof, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls.

) The disciplinary regulations made under this section shall provide for the procedure for the hearing of an appeal against the decision of the Disciplinary Committee.

) For the purpose of this section, “officer” includes the

Deputy Chairman.

Things done in anticipation of this Act

) The appointment of any member may at any time be revoked by the appointing authority without assigning any reason therefor.

) A member may at any time resign his office by letter addressed to the appointing authority.

) A member shall devote such time to the business of the Authority as may be necessary to the discharge of his duties.

Office deemed vacated 2.

) The office of a member of the Authority shall be deemed to have been vacated—

if he dies; or

if there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude; or

an offence under any law relating to corruption; or

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

if he becomes bankrupt; or

if he is of unsound mind or is otherwise incapable of performing his duties;

or

if he absents himself from three consecutive meetings without leave of the

Authority; or

in the event of his resignation being accepted; or

if his appointment is revoked.

) Where any member ceases to be a member by reason of any of the provisions of this Act, a person shall be appointed in his place in accordance with the provisions applying.

Remuneration and allowances

) The Authority shall meet at least once in every month.

) The quorum of the Authority shall be four.

) At all meetings of the Authority the Chairman, or in his absence, such member as the members present may elect, shall preside.

) If on any question to be determined by the Authority there is an equality of votes, the Chairman or the member presiding shall have a casting vote in addition to his deliberative vote.

) Subject to subparagraphs (1), (2), (3) and (4), the Authority shall determine its own procedure.

Authority may invite others to meetings

) Until a seal is provided by the Authority a stamp bearing the description

“Kemubu Agricultural Development Authority” may be used and shall be deemed to be a common seal.

) The common seal or the stamp referred to in subparagraph (2) shall be kept in the custody of the Chairman or such other person as may be authorized by the

Authority, and shall be authenticated by either the Chairman or such authorized person or by any officer authorized by either of them in writing; and all deeds, documents and other instruments purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is proved be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required under seal may in like manner be executed by the Authority and any such document or instrument may be executed on behalf of the Authority by any officer or servant of the Authority generally or specially authorized by the Authority in that behalf.

) The seal of the Authority shall be officially and judicially noticed.

Disclosure of interest

) Any minutes made of meetings of the Authority shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every meeting of the Authority in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

Validity of act and proceedings

of any vacancy in the membership of, or of any defect in the constitution of, the Authority; or

of the contravention by any member of the Authority relating to the disclosure of interest by such member; or

of any omission, defect or irregularity not affecting the merits of the case.

SECOND SCHEDULE

[Subsection 28(2)]

Power of Authority to make regulations in respect of a corporation

the purposes and objects for which such corporation is established;

the rights, powers, duties and functions of such corporation;

the systems of management thereof; and

the relations between such corporation and the Authority and its rights of control over such corporation.

) The Authority may by order published in the Gazette direct that any corporation established by it shall be wound up and dissolved.

) Upon the dissolution of any corporation under this paragraph the assets of the corporation after payment of all liabilities shall be transferred to and vested in the

Authority.

) The winding up of a corporation under this paragraph shall be conducted in such manner as the Authority may prescribe.

Corporation to be bodies corporate

) Every corporation shall have a common seal, which shall bear such device as the corporation, with the approval of the Authority may approve, and such seal may from time to time be broken, changed, altered and made anew by the corporation, with the approval of the Authority as the corporation shall think fit.

) Until a seal is provided by the corporation under this paragraph a stamp bearing the name of the corporation encircling the letters “KEMUBU” may be used as a common seal.

) The common seal, or the stamp referred to in subparagraph (2), shall be in the custody of such person as the corporation shall direct and shall be authenticated by such person; and all deeds, documents and other instruments purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is proved, be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation; and any such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf.

) The seal of every corporation shall be officially and judicially noticed.