RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT AUTHORITY ACT 1972

Rubber Industry Smallholders Development Authority LAWS OF MALAYSIA REPRINT Act 85 RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT AUTHORITY ACT 1972 As at 1 November 2016 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2016 1 2 Act 85 Laws of Malaysia RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT AUTHORITY ACT 1972 Date of Royal Assent … … … 26 September 1972 Date of publication in the … Gazette … … 30 September 1972 … … 15 March 2016 Latest amendment made by Act A1363 which came into operation on … Previous Reprints First Reprint … … … … … … … 1994 Second Reprint … … … … … … … 1999 Third Reprint … … … … … … … 2006 Rubber Industry Smallholders Development Authority LAWS OF MALAYSIA Act 85 RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT AUTHORITY ACT 1972 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title, commencement and application 2. Interpretation Part II ESTABLISHMENT OF THE AUTHORITY 3. The Authority and its objectives 3a. Functions of the Authority 3b. Powers of the Authority 4. Membership of the Authority 4a. Tenure of office 4b. Alternate members 4c. Temporary exercise of functions of Chairman 4d. Revocation and resignation 4e. Vacation of office 4f Delegation of the Authority’s functions and powers 4g. The Authority may establish committees 5. (Deleted) 6. (Deleted) 7. (Deleted) 8. (Deleted) 9. Power of Minister to give directions 10. (Deleted) 3 4 Laws of Malaysia Act 85 PART III DIRECTOR GENERAL, OFFICERS AND SERVANTS OF THE AUTHORITY Section 11. Appointment of Director General 11a. Powers and duties of Director General 11aa. Appointment of officers and servants 11ab. Power to grant loans and make advances to officers and servants 11ac. Delegation of Director General’s duties 11ad. Statutory Bodies (Discipline and Surcharge) Act 2000 11b. (Deleted) 11c. (Deleted) 11d. (Deleted) 11e. (Deleted) 11f. (Deleted) 11g. (Deleted) 11h. (Deleted) 11i. (Deleted) 11j. (Deleted) 11k. (Deleted) 12. (Deleted) Part IV FINANCE 13. The Fund 14. Expenditure to be charged on Fund 15. Conservation of Fund 16. Cess on rubber 17. Expenditure and preparation of estimates 18. Returns, reports, accounts and information 19. Statutory Bodies (Accounts and Annual Reports) Act 1980 Rubber Industry Smallholders Development Authority 5 Part V OTHER POWERS AND FUNCTIONS OF THE AUTHORITY Section 20. Power to borrow 21. Investment 22. Power to employ agents, etc. 23. Power to grant loans 24. Power to establish corporations Part VI SCHEME 25. Interpretation 26. Power of Minister to declare a smallholder or an estate owner 27. Scheme for a smallholder or an estate 28. Power of Minister to direct cessation of assistance or recovery of value of assistance 29. Direction to cease giving assistance 30. Direction to recover payment 31. Minister may amend direction 32. Applicability of sections 29 to 31 to company or corporation Part VII POWERS RELATING TO ENFORCEMENT 33. Authorization of officers 34. Power of investigation 35. Authority card 36. Search and seizure with warrant 37. Power to enter premises 38. Seizure of things, etc. 39. List of things seized 40. Sale and disposal of rubber seized 41. Forfeiture of rubber, etc., seized 6 Laws of Malaysia Section Act 85 42. Property in rubber, etc., forfeited 43. Release of rubber, etc., seized 44. Cost of holding rubber, etc., seized 45. No costs or damages arising from seizure to be recoverable 46. Power of the Authority to require information 47. Additional powers Part VIII GENERAL 48. Duty to maintain secrecy 49. Offence committed by body corporate 50. Compounding of offences 51. Institution of prosecution 52. Protection against suit and legal proceedings 53. Public Authorities Protection Act 1948 54. Public servant 55. Power to exempt 56. Amendment of Schedules 57. Regulations First Schedule Second Schedule Rubber Industry Smallholders Development Authority LAWS OF MALAYSIA 7 Act 85 RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT AUTHORITY ACT 1972 An Act to make provision for the establishment and incorporation of the Rubber Industry Smallholders Development Authority and for connected purposes. [1 January 1973, P.U. (B) 519/1972] 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: Part I PRELIMINARY Short title, commencement and application 1. (1) This Act may be cited as the Rubber Industry Smallholders Development Authority Act 1972 and shall come into force on such date as the Minister may by notification in the Gazette appoint. (2) This Act shall apply throughout Malaysia. * Interpretation 2. In this Act, unless the context otherwise requires— “this Act” includes any subsidiary legislation made under this Act; NOTE—1. Section 2 has been amended and substituted for a new of section 2 by Act A1363 which comes into operation on 15 March 2016. * 2. The Rubber Industry (Replanting) Fund Ordinance 1952 [Ord. No. 8 of 1952] has been repealed by Act A1363– see subsection 19(1) of Act A1363 which comes into operation on 15 March 2016. 8 Laws of Malaysia Act 85 “member” means a member of the Authority and includes an alternate member; “prescribed” means prescribed by regulations made under this Act; “estate” means any land of a total area of not less than 40 hectares included in a Scheme prescribed under Part VI and in relation to which the owner continues to participate in the Scheme for its duration; “rubber” means all natural rubber in liquid, solid or blended form derived from rubber plant and includes all elastomers derived from natural rubber; “rubber industry” includes the planting of rubber plant, the production of rubber and hevea wood, the processing and utilization of rubber, the manufacture of rubber products, and services related to it; “Director General” means the Director General of the Authority appointed under section 11; “Fund” means the Rubber Industry Smallholders Development Authority Fund established under section 13; “Minister” means the Minister charged with the responsibility for the Authority; “authorized officer” means— (a) an officer authorized under section 33; (b) any police officer not below the rank of Inspector, including an Inspector on probation; or (c) an Officer of customs as defined in section 2 of the Customs Act 1967 [Act 235]; “smallholder” means— (a) an owner or a lawful occupier of any land of an area of less than 40 hectares, a lawful representative of the owner or a lawful representative of the lawful occupier; or Rubber Industry Smallholders Development Authority 9 (b) a person declared in writing to be a smallholder by the Minister under section 26; “owner of land” means a registered proprietor of a land within the meaning of the National Land Code [Act 56/1965] and includes a personal representative of a deceased owner; “Chairman” means the Chairman of the Authority appointed under section 4; “rubber products” means any product obtained directly from rubber plant, or wholly or partly manufactured or derived from such product and includes latex, rubber planting material, rubber wood and all vulcanisates in finished or semi-finished form derived wholly or partly from rubber; “Authority” means the Rubber Industry Smallholders Development Authority established under section 3; “cess” means the cess imposed under section 16; “Scheme” means a scheme prescribed under section 27; “rubber plant” means the species of plants of the genera Hevea Brasiliensis (para rubber), Manihot Glaziovii (ceara rubber), Castilloa Elastica, Ficus Elastica (rambung) or any other genus or species of latex bearing plant and includes— (a) hybrids or clones of the genus or species; (b) plants resulting from the crossing of the species, hybrids or clones with any other species, hybrids or clones of plants; and (c) genetically engineered versions of these species, hybrids or clones. 10 Laws of Malaysia Act 85 Part II ESTABLISHMENT OF THE AUTHORITY The Authority and its objectives 3. (1) A body to be known as the Rubber Industry Smallholders Development Authority is established. (2) The Authority shall be a body corporate and shall have perpetual succession and a common seal, and may sue and be sued in its name. (3) The objectives of the Authority are— (a) to promote the replanting and new planting of rubber plants in the smallholder sector; (b) to develop and promote the rubber industry among the smallholder sector; (c) to regulate the rubber industry in the smallholder sector except research on rubber; and (d) to develop national objectives, policies and priorities for the orderly development and administration of the smallholder sector. (4) The provisions of the First Schedule shall apply to the Authority. Functions of the Authority 3a. The functions of the Authority are— (a) to implement policies and developmental programmes to ensure the growth and viability of the rubber industry in the smallholder sector; (b) to plan, co-ordinate, implement and monitor all the Schemes prepared and approved under the provisions of Part VI; Rubber Industry Smallholders Development Authority 11 (c) to plan, co-ordinate, implement and monitor all research innovations in the smallholder sector; (d) to promote, control and monitor measures towards attaining high quality rubber; (e) to provide technical, advisory, consultancy and related services to the smallholder sector; (f) to provide and supply high-yielding planting materials, agriculture input and other materials or input necessary for carrying out the replanting and new planting in the smallholder sector; (g) to promote the efficient marketing and handling of rubber in the smallholder sector of the rubber industry; (h) to engage in the trading of rubber in the smallholder sector of the rubber industry; (i) to plan and implement any developmental upstream or downstream activities in respect of the rubber industry and activities connected therewith for the smallholders; (j) to plan and implement training and educational programmes for the benefit of smallholders; (k) to gather, manage and disseminate the necessary statistics or information and maintain records of all matters relating to the smallholder sector; (l) to liaise and co-ordinate with the relevant State Governments and other bodies including being members of associations within and outside Malaysia in the interest of the smallholder sector of the rubber industry; (m) to co-operate and liaise with other national agencies responsible for research, extension of research and knowledge, provision of agricultural credits, processing and marketing of rubber; (n) to plan and implement any other activities which may further uplift the social and economic well-being of the smallholders; 12 Laws of Malaysia Act 85 (o) to ensure that the smallholder sector is modernized to improve the social and economic well-being of the smallholders; and (p) 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 Authority 3b. (1) The Authority may, in order to carry out its functions— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable or immovable property of every description; (c) 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 Authority; (d) undertake and co-ordinate activities relating to the replanting and new planting of rubber plants, production, tapping, processing, storage, transportation and marketing of rubber and services re