KEMUBU AGRICULTURAL DEVELOPMENT AUTHORITY ACT 1972

069e.fm Page 1 Friday, March 31, 2006 4:21 PM LAWS OF MALAYSIA REPRINT Act 69 KEMUBU AGRICULTURAL DEVELOPMENT AUTHORITY ACT 1972 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION , MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD 2006 069e.fm Page 2 Friday, March 31, 2006 4:21 PM 2 KEMUBU AGRICULTURAL DEVELOPMENT AUTHORITY ACT 1972 Date of Royal Assent … … … … … 23 March 1972 Date of publication in the Gazette… … … 30 March 1972 PREVIOUS REPRINTS First Reprint … … … … … 1993 Second Reprint … … … … 1999 PREPARED FOR PUBLICATION BY MALAYAN LAW JOURNAL SDN BHD AND PRINTED BY PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 069e.fm Page 3 Friday, March 31, 2006 4:21 PM 3 LAWS OF MALAYSIA Act 69 KEMUBU AGRICULTURAL DEVELOPMENT AUTHORITY ACT 1972 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II THE AUTHORITY 3. The Authority 4. Functions of the Authority 5. Membership of the Authority 6. Public Authorities Protection 7. Public servants 8. Power of Minister to give directions 9. The Kawasan Kemubu 10. Additional functions of the Authority 11. Returns, reports, accounts and information PART III CHAIRMAN, DEPUTY CHAIRMAN, OFFICERS AND SERVANTS OF THE AUTHORITY 12. Chairman to be principal managing officer 13. Deputy Chairman to be General Manager 14. Temporary members of the Authority 069e.fm Page 4 Friday, March 31, 2006 4:21 PM 4 Laws of Malaysia A CT 69 Section 15. Appointment of other officers and servants 15A. Discipline of officers and servants 15B. Establishment of Disciplinary Appeal Board 15C. Termination in the public interest 16. Regulations governing conditions of service of officers and servants PART IV FINANCE 17. Establishment of the Fund 18. Balancing of revenue account 19. Reserve fund 20. Expenses to be charged on the Fund 21. Expenditure and preparation of Estimates 22. Accounts and audit 22A. Surcharge PART V OTHER POWERS OF THE AUTHORITY 23. Delegation of powers of the Authority 24. Power to borrow 25. Investment 26. Power to employ agents 27. Power to make loans 28. Powers to establish corporation 29. Compulsory acquisition of land PART VI GENERAL 30. (Deleted) 31. Obligation of secrecy 32. Power to make regulations 069e.fm Page 5 Friday, March 31, 2006 4:21 PM Kemubu Agricultural Development Authority Section 32A. Power to make disciplinary regulations 33. Things done in anticipation of this Act FIRST SCHEDULE SECOND SCHEDULE 5 069e.fm Page 6 Friday, March 31, 2006 4:21 PM 069e.fm Page 7 Friday, March 31, 2006 4:21 PM 7 LAWS OF MALAYSIA Act 69 KEMUBU AGRICULTURAL DEVELOPMENT AUTHORITY ACT 1972 An Act to incorporate the Kemubu Agricultural Development Authority and to provide for matters connected therewith. [31 March 1972] 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: P ART I PRELIMINARY Short title 1. This Act may be cited as the Kemubu Agricultural Development Authority Act 1972. Interpretation 2. In this Act, unless the context otherwise requires— “Authority” means the Kemubu Agricultural Development Authority established under section 3; “Chairman” means the Chairman of the Authority appointed under section 5; “company” has the same meaning as that assigned to “corporation” under subsection 4(1) of the Companies Act 1965 [Act 125]; “corporation ”means a corporation established under section 28; 069e.fm Page 8 Friday, March 31, 2006 4:21 PM 8 Laws of Malaysia A CT 69 “Deputy Chairman” means the Deputy Chairman of the Authority appointed under section 5; “Fund” means the fund established under section 17; “Kawasan Kemubu” means any area as may be determined by the Minister in accordance with section 9; “Minister” means the Minister charged with the responsibility for Agriculture and Agro-based Industry; and “the State” means the State of Kelantan. PART II THE AUTHORITY The Authority 3. A body corporate by the name “Kemubu Agricultural Development Authority” is established with perpetual succession and a common seal and may sue and be sued in its 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 and immovable property or any interest therein vested in the Authority upon such terms as it deems fit. Functions of the Authority 4. (1) The functions of the Authority shall be— (a) to promote, stimulate, facilitate and undertake economic and social development in the Kawasan Kemubu; and (b) to plan and undertake within the Kawasan Kemubu such agricultural development as may be assigned to it by the State. (2) 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— 069e.fm Page 9 Friday, March 31, 2006 4:21 PM Kemubu Agricultural Development Authority 9 (a) 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; (b) 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; (c) 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; (d) 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; (e) 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; (f) 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; (g) to require departments, and governmental and nongovernmental 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; (h) to appoint agents or establish such other bodies as it may deem fit for the purposes 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; 069e.fm Page 10 Friday, March 31, 2006 4:21 PM 10 Laws of Malaysia A CT 69 (j) to receive, in consideration of the services rendered by it, such commission or payment as may be agreed upon; (k) to regulate development in the Kawasan Kemubu; and (l) to do such other things as it deems fit for the effective carrying out of its functions and powers. Membership of the Authority 5. (1) The Authority shall consist of the following members: (a) a Chairman; (b) a Deputy Chairman; (c) the Director General of Drainage and Irrigation or his representative; (d) a representative of the Federal Agricultural Marketing Authority established under the Federal Agricultural Marketing Authority Act 1965 [Act 141]; (e) a representative of the Bank Pertanian Malaysia established under the Bank Pertanian Malaysia Act 1969 [Act 9]; (f) a representative of the Lembaga Padi dan Beras Negara established under the Lembaga Padi dan Beras Negara Act 1971* [Act 47]; (g) three representatives of the State; and (h) not more than three other members. (2) The Chairman shall be appointed by the Yang di-Pertuan Agong and the other members of the Authority shall be appointed by the Minister. (3) 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]. 069e.fm Page 11 Friday, March 31, 2006 4:21 PM Kemubu Agricultural Development Authority 11 Public Authorities Protection 6. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Authority or against any member, officer, servant or agent of the Authority in respect of any act, neglect or default done or committed by him in such capacity. Public servants 7. All members, officers and servants of the Authority, while discharging their duties in such capacity, shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Power of Minister to give directions 8. (1) 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. (2) 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— (a) as to the disposal of capital assets; and (b) 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. (1) 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 12 Friday, March 31, 2006 4:21 PM 12 Laws of Malaysia A CT 69 Authority shall perform its functions under this Act and such area shall be known as the “Kawasan Kemubu”. (2) 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 10. In addition to the duties imposed upon and powers vested in the Authority by this Act, the Authority may undertake such other functions, exercise such other powers and administer and expend such other moneys for such purposes as the Government of the Federation or of the State or any statutory authority, may assign or give to it and in so doing the Authority shall be deemed to be fulfilling the purposes of this Act and the provisions of this Act shall apply to the Authority in respect of such functions and the administration and expending of such moneys: Provided always that the accounts of such moneys shall be kept separate and apart from those of the Fund. Returns, reports, accounts and information 11. (1) The Authority shall furnish the Minister and such other person, body of persons or 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 from time t