LEMBAGA KEMAJUAN IKAN MALAYSIA ACT 1971

Lembaga Kemajuan Ikan Malaysia LAWS OF MALAYSIA REPRINT Act 49 LEMBAGA KEMAJUAN IKAN MALAYSIA ACT 1971 As at 1 February 2013 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2013 1 2 Act 49 Laws of Malaysia LEMBAGA KEMAJUAN IKAN MALAYSIA ACT 1971 Date of Royal Assent … … … 27 September 1971 Date of publication in the Gazzette … 30 September 1971 Latest amendment made by Act A1416 which came into operation on … … … 1 July 2012 … Previous Reprints First Reprint ... ... ... ... 1993 Second Reprint ... ... ... ... 1999 Third Reprint ... ... ... ... 2006 Lembaga Kemajuan Ikan Malaysia 3 LAWS OF MALAYSIA Act 49 LEMBAGA KEMAJUAN IKAN MALAYSIA ACT 1971 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation Part II LEMBAGA KEMAJUAN IKAN MALAYSIA 3. Incorporation of Lembaga 4. Functions of the Lembaga 5. Officers and servants of the Lembaga 6. The Fund 7. Borrowing 8. Investment 9. Accounts and Audit 10. Annual Report 10a. No person having interest to be appointed as member or employed as officer or servant of the Lembaga 10b. Disclosure of existing interest 10c. Surcharge 4 Laws of Malaysia Act 49 Part III POWERS RELATING TO ENFORCEMENT Section 11. Authorization of officer to exercise powers under this Part 11a. Enforcement at entry points, quarantine stations and quarantine premises 12. Power to enter premises 13. Power of arrest, seizure, investigation and prosecution 14. Power to stop and search 15. Power to take possession Part IV OFFENCES, PENALTIES AND PROCEEDINGS 16. Offence for obstruction 17. General penalty 18. Burden of proof 19. Power of Court to confiscate 20. Jurisdiction 21. Savings Part V GENERAL 22. Appeal from the decision of the Lembaga 23. Rules 23a. Power to make disciplinary regulations 23b. Termination in the public interest 24. Secrecy and penalty 25. Public servants 26. Protection against legal proceedings First Schedule Second Schedule Lembaga Kemajuan Ikan Malaysia 5 LAWS OF MALAYSIA Act 49 LEMBAGA KEMAJUAN IKAN MALAYSIA ACT 1971 An Act to incorporate the Lembaga Kemajuan Ikan Malaysia and to provide for matters connected therewith. [Peninsular Malaysia—1 November 1971, P.U. (B) 378/197; Sarawak—1 July 1973, P.U. (B) 269/1973; Sabah—1 August 1995, P.U. (B) 358/1995] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Part I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Lembaga Kemajuan Ikan Malaysia Act 1971. (2) This Act shall apply throughout Malaysia. (3) This Act shall come into force on such date as the Minister may by notification in the Gazette appoint, and different dates may be appointed for different States or parts of Malaysia. 6 Laws of Malaysia Act 49 Interpretation 2. In this Act, unless the context otherwise requires— “authorized officer” means an officer authorized under section 11; “Chairman” means the Chairman of the Lembaga Kemajuan Ikan Malaysia; “Director General” means the Director General of the Lembaga appointed under subsection 3(3); “fish” includes any of the varieties of marine, brackish water or fresh water fishes, crustacean, aquatic mollusca, marine sponges, trepang and other aquatic life and the products therefrom, but does not include turtles or their egg; “Fishermen’s Association” means any Fishermen’s Association established under the Fishermen’s Associations Act 1971 [Act 44]; “Fund” means the fund established under section 6; “Lembaga” means the Lembaga Kemajuan Ikan Malaysia established under section 3; “marketing” means sale, purchase, assembling, storage, transport, processing, grading, packaging, advertising and promotion; “member” means any member of the Lembaga Kemajuan Ikan Malaysia including the Chairman, temporary Chairman and such temporary member as appointed under subsection 3(5); “Minister” means the Minister charged with the responsibility for fisheries; “temporary Chairman” means a temporary Chairman of the Lembaga Kemajuan Ikan Malaysia appointed under subsection 3(5). Lembaga Kemajuan Ikan Malaysia 7 Part II LEMBAGA KEMAJUAN IKAN MALAYSIA Incorporation of Lembaga 3. (1) A body corporate which shall be known as the Lembaga Kemajuan Ikan Malaysia (hereinafter referred to as “the Lembaga”) is established, with perpetual succession and a common seal and may sue or be sued in its name, and, subject to and for the purposes of this Act may enter into contract and shall have power to acquire and hold movable or immovable property and to dispose thereof or otherwise deal therewith. (2) The First Schedule to this Act shall have effect with respect to the Lembaga. (3) The Lembaga shall consist of the following members to be appointed by the Minister: (a) a Chairman; (b) a Director General; (c) a representative of the Ministry of Agriculture and AgroBased Industry; (d) a representative of the Treasury; (e) a representative of the Fisheries Department in the Ministry of Agriculture and Agro-Based Industry; (f) a representative of the Economic Planning Unit of the Prime Minister’s Department; (g) a representative of the Federal Agricultural Marketing Authority; and (h) not more than 5 other persons who have had experience and have shown capacity in matters relating to the fisheries industry or to marketing, finance or administration. (4) The Minister shall when appointing the persons mentioned in paragraph (3)(h) give consideration to the need for the various interests and regions in Malaysia to be represented. 8 Laws of Malaysia Act 49 (5) A temporary Chairman or member may be appointed during the temporary incapacity of the Chairman or member (whether by reason of illness or absence from Malaysia or for any other reason), and such temporary Chairman or member shall be appointed in like manner as the Chairman or member is appointed under this section. (6) A member of the Lembaga shall, unless he sooner resigns or his appointment is revoked, hold office for such term as may be specified in the instrument appointing him, and shall be eligible for reappointment. (7) The Minister may give to the Lembaga directions of a general nature, not inconsistent with the provisions of this Act, as to the exercise of the functions and powers of the Lembaga. Functions of the Lembaga 4. (1) The functions of the Lembaga shall be— (a) to promote and develop efficient and effective management of fisheries enterprises and marketing of fish; (b) to provide and supervise credit facilities for fish production and to ensure that these facilities are put to maximum use; (c) to engage in fisheries enterprises and for that purpose to engage in boat-building and in the production of fishing supplies and equipment; (d) to promote, stimulate, facilitate, and undertake economic and social developments of Fishermen’s Associations; (e) to register, control and supervise Fishermen’s Associations and to provide for matters related thereto; and (f) to control and coordinate the performance of the aforesaid activities. Lembaga Kemajuan Ikan Malaysia 9 (2) The Lembaga shall have power to do all things reasonably necessary for or incidental to the discharge of its functions under subsection (1) and in particular, but without prejudice to the generality of the foregoing— (a) to regulate the marketing of fish particularly through licensing of wholesalers, retailers, fish processors, importers and exporters; (b) to prescribe and regulate the packing, grading, weighing and storing of fish; (c) to establish, regulate and, if necessary, manage in respect of any area, a wholesale fish market at which all wholesale fish transactions in that area shall be carried out in accordance with the procedure determined by the Lembaga; (d) to prescribe the method of, regulate the conduct of, admission and procedure to be followed at, the sale conducted at a wholesale fish market, and where an auction sale is held thereat, to prescribe the manner in which such sale may be conducted; (e) to regulate the processing of fish; (f) to prohibit, regulate or control the movement of fish; (g) to require persons engaged in the processing or marketing of fish to register and to give in such manner as the Lembaga may specify such information as it may deem necessary; (h) to appoint agents for the purpose of carrying out its functions; (i) to impose fees or any other charges it deems fit for giving effect to any of its powers or functions; (j) to receive in consideration of the services rendered by it such commission or payment as may be agreed upon; (k) with the approval of the Minister and the concurrence of the Minister of Finance, to enter into equity participation where such participation appears to it to be requisite, advantageous or convenient for or in connection with the discharge of its functions; 10 Laws of Malaysia Act 49 (l) to carry out all the activities which appear to it to be requisite, advantageous or convenient for or in connection with the discharge of its functions, including boat-building and fishing operations, the production of fishing supplies and equipment, transport, packing, processing, the sale of fishing supplies, equipment and provisions, grading, storing, the sale by auction and other marketing methods generally of fish, and to manage such activities; (m) to exercise all functions and powers and perform all duties which under or by virtue of any other written law may be vested or delegated to it. (2a) Notwithstanding paragraph (2)(a), the licence for importers and exporters of fish shall be issued by the Director General of Quarantine and Inspection and in accordance with the Malaysian Quarantine and Inspection Services Act 2011 [Act 728]. (3) The Lembaga may, with the approval of the Minister and the concurrence of the Minister of Finance, from time to time— (a) establish corporations under this subsection; and (b) establish or promote the establishment or expansion of companies under the Companies Act 1965 [Act 125], by such names as the Lembaga may think fit, to carry out and have the charge, conduct and management or any project, scheme or enterprise planned or undertaken by the Lembaga in the discharge of its functions and where the Lembaga so does, the provisions of— (i) the Second Schedule except paragraph 4a; and (ii) the Companies Act 1965, shall apply respectively to such corporations and companies. (4) In addition to and not in derogation of its powers under subsection (3) the Lembaga may, with the approval of the Minister and the concurrence of the Minister of Finance, apply to register as a company under the Companies Act 1965 a corporation which has been established under paragraph (3)(a) and where the Lembaga so does— (a) subparagraphs 4a(1) and (2) only of the Second Schedule; and Lembaga Kemajuan Ikan Malaysia 11 (b) on the corporation being so registered, subparagraphs 4a(3) and (4) only of the Second Schedule and the Companies Act 1965, shall accordingly apply to that corporation. Officers and servants of the Lembaga 5. (1) The Director General of the Lembaga shall be responsible for the day to day administration and management of the affairs of the Lembaga and to exercise such duties and powers as may be entrusted or delegated by the Lembaga or the Chairman acting on behalf of the Lembaga. (2) The Lembaga may appoint such officers and servants as it may consider necessary for the efficient conduct of the affairs of the Lembaga. (3) The officers and servants of the Lembaga shall hold office for such period, receive such salaries and allowances and be subject to such conditions of service as may be determined by the Lembaga with the approval of the Minister. (4) The Director G