MALAYSIAN PEPPER BOARD ACT 2006

Malaysian Pepper Board LAWS OF MALAYSIA REPRINT Act 656 Malaysian Pepper Board Act 2006 As at 1 November 2012 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2012 1 2 Date of Royal Assent Act 656 Laws of Malaysia … … … Date of publication in the Gazette … 30 August 2006 … 31 August 2006 Malaysian Pepper Board LAWS OF MALAYSIA Act 656 MALAYSIAN PEPPER BOARD ACT 2006 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. 2. Short title and commencement Interpretation Part II ESTABLISHMENT OF THE BOARD 3. The Board and its objectives 5. Powers of the Board 4. 6. 7. 8. 9. 10. Functions of the Board Membership of the Board Tenure of office Alternate members Temporary exercise of functions of Chairman Revocation of appointment and resignation 11. Vacation of office 13. Public Authorities Protection Act 1948 12. 14. 15. 16. 17. 18. Protection from personal liability Public servant Power of Minister to give directions Returns, reports, accounts and information Delegation of Board’s functions and powers Board may establish committees 3 4 Laws of Malaysia Act 656 Part III DIRECTOR GENERAL, OFFICERS AND SERVANTS OF THE BOARD Section 19. Powers and duties of Director General 21. Power to grant loans and make advances to officers and servants 20. 22. Appointment of officers and servants Delegation of Director General’s duties Part IV FINANCE 23. The Fund 25. Conservation of Fund 24. 26. 27. Expenditure to be charged on the Fund Expenditure and preparation of estimates Statutory Bodies (Accounts and Annual Reports) Act 1980 Part V OTHER POWERS AND FUNCTIONS OF THE BOARD 28. Power to borrow 30. Commercialization of research findings 29. 31. 32. 33. Investment Power to employ agents, etc. Power to grant loans Power to establish corporations Part VI POWERS RELATING TO ENFORCEMENT, SEIZURE, ARREST, ETC. 34. Authorization of officers 36. Authority card 35. 37. 38. 39. Power of investigation Power of arrest Search and seizure with warrant Search and seizure without warrant Malaysian Pepper Board Section 40. Power to enter premises 42. Seizure of thing, etc. 41. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. Search of persons Power to stop, search and seize conveyances List of things seized Temporary return of conveyance, etc. Sale and disposal of seized pepper, etc. Power to require attendance of persons acquainted with case Examination of persons acquainted with case Admissibility of statements in evidence Forfeiture of seized pepper, etc. Property in forfeited pepper, etc. Release of seized pepper, etc. Part VII GENERAL 53. Regulation of pepper industry 55. Proportional examination or testing of seized pepper 54. 56. 57. 58. 59. 60. Appointment of analysts Cost of holding seized pepper, etc. No costs or damages arising from seizure to be recoverable Additional powers Offence to assault or obstruct authorized officer Duty to maintain secrecy 61. False information 63. Abetments and attempts punishable as offences 62. 64. 65. 66. 67. 68. 69. Offence committed by body corporate Compounding of offences Institution and conduct of prosecution Jurisdiction to try offences Protection against suit and legal proceedings Rewards Protection of informers 5 6 Laws of Malaysia Act 656 Section 70. Power to exempt 72. Regulations 71. 73. 74. Amendment of Schedules Power of Minister to make regulations on marketing Validation of acts done in anticipation of the enactment of this Act Part VIII REPEAL, SAVINGS AND TRANSITIONAL 75. Repeal and dissolution 77. Transfer of property 76. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. Transfer of powers, etc. Existing contracts Transfer of moneys in funds Membership of dissolved Board Continuance of officers and servants Savings for licences and registers Continuance of pending applications, etc. Continuance of civil and criminal proceedings Reference in law or document to dissolved Board Continuance of use of name Prevention of anomalies Schedule Malaysian Pepper Board 7 LAWS OF MALAYSIA Act 656 MALAYSIAN PEPPER BOARD ACT 2006 An Act to establish the Malaysian Pepper Board; to make better provisions in respect of the pepper industry of Malaysia; to dissolve the Pepper Marketing Board; and to provide for consequential and incidental matters. [1 January 2007; P.U. (B) 325/2006] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Malaysian Pepper Board Act 2006. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for the coming into operation of different provisions of this Act. Interpretation 2. In this Act, unless the context otherwise requires— “this Act” includes any subsidiary legislation made under this Act; “member” means a member of the Board and includes an alternate member; 8 Laws of Malaysia Act 656 “pepper planting material” means any material or part of the plant used for multiplication or reproduction and includes pepper cuttings, pepper seedlings and plant from pepper tissues; “pepper berries” means the fruit of pepper or any part thereof and includes the immature fruit which is commonly known as green pepper berries, the dried and usually immature fruit which is otherwise commonly known as black pepper, the dried mature fruit when the outer coating or the pericarp has been removed which is otherwise commonly known as white pepper, and processed pepper berries; “research findings” means any result or output from research and development activities, and includes new or improved products, inventions, innovations and improvements in any process, technique, apparatus or machine; “appointed day” means the day on which this Act, or if different dates are appointed for the coming into operation of different provisions of this Act, the day on which Part VIII comes into operation; “pepper industry” means any activity which involves the planting of pepper, doing research on pepper, marketing, processing, manufacturing and production of pepper and pepper products and derivatives of pepper and any industry or services related thereto; “analyst” means an analyst appointed under section 54; “conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land; “pepper product” means any product manufactured or derived directly or indirectly from pepper; “Director General” means the Director General of the Board appointed under section 19; “Fund” means the Malaysian Pepper Board Fund established under section 23; Malaysian Pepper Board 9 “pepper” means the plant species of the Piper nigrum Linnaeus, pepper berries or any part thereof, and includes hybrids of this species, hybrids resulting from crossing this species or hybrids with any other species or hybrids of plants and genetically engineered versions of this species or hybrids; “sea” includes inland waters; “Board” means the Malaysian Pepper Board established under section 3; “processing” in relation to pepper means the cleaning of pepper to remove chaff, mouldy or rotten berries, stalks, spikes or other pickings or dust, gravel, filth, mould or other extraneous matter and the performance of any one or more of the activities involved in drying, mixing, blending, milling or crushing and extracting of pepper; but shall not include such activities done at farm level by any pepper farmer to improve the marketability of the pepper from the farm owned by the farmer himself; “authorized officer” means— (a) an officer of the Board authorized under section 34; (b) a police officer not below the rank of Inspector; or (c) an officer of the Royal Customs and Excise Department Malaysia; “single purchaser” includes a case where more than one purchaser purchase jointly and are jointly and severally liable for the purchase price; “Chairman” means the Chairman of the Board appointed under section 6; “selling in bulk” in relation to pepper means selling a quantity weighing not less than five hundred kilogrammes on any one occasion to any single purchaser; “spice” means any part of any aromatic plant in whatever form and extracts thereof which are commonly used to impart flavour or aroma in food and non-food items. 10 Laws of Malaysia Act 656 Part II ESTABLISHMENT OF THE BOARD The Board and its objectives 3. (1) A body corporate by the name of Malaysian Pepper Board is established. (2) The Board shall have perpetual succession and a common seal, and may sue and be sued in its name. (3) The objectives of the Board are— (a) to promote the planting of pepper; (b) to develop and promote the pepper industry; (c) to promote the research on pepper, pepper products and the pepper industry; (d) to develop national objectives, policies and priorities for the orderly development and administration of the pepper industry of Malaysia; and (e) to regulate the pepper industry except the planting of and research on pepper. (4) The provisions of the First Schedule shall apply to the Board. Functions of the Board 4. The functions of the Board shall be— (a) to implement policies and developmental programmes to ensure the growth and viability of the pepper industry of Malaysia; (b) to engage in the trading of pepper, pepper products and to expand to other spices; (c) to promote or conduct research and development relating to the pepper industry and to commercialize research findings for the benefit of the pepper industry; Malaysian Pepper Board 11 (d) to promote, control and monitor measures towards attaining high quality pepper, pepper products and other spices; (e) to provide technical, advisory, consultancy and related services including training to the pepper industry; (f) to gather, manage and disseminate information and maintain records of all relevant matters relating to the pepper industry; (g) to liaise and coordinate with the relevant State Governments and other bodies including being members of associations within and outside Malaysia in the interest of the pepper industry; and (h) to do such other things as it deems fit to enable it to perform its functions effectively or which are incidental to the performance of its functions. Powers of the Board 5. (1) Subject to and for the purpose of this Act, the powers of the Board shall include power— (a) to enter into contracts; (b) to acquire, purchase, take, hold and enjoy movable or immovable property of every description; (c) to 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; (d) 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 pepper and pepper products including pepper wastes and services related thereto; (e) 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; 12 Laws of Malaysia Act 656 (f) to collect and receive any moneys related to its trading activities and the use of its facilities and in consideration of other services rendered by the Board; (g) to enter into such negotiations and agreements or arrangements as it deems fit for the discharge of its functions; (h) 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 organization; (i) to provide, with the approval of the Minister, financial or other assistance to the pepper farmers and their related activities; (j) to commission any person or body to carry out r