FARMERS' ORGANIZATION AUTHORITY ACT 1973

Farmers’ Organization Authority LAWS OF MALAYSIA REPRINT Act 110 FARMERS’ ORGANIZATION AUTHORITY ACT 1973 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 PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 FARMERS’ ORGANIZATION AUTHORITY ACT 1973 Date of Royal Assent … ... ... ... ... ... 15 June 1973 Date of publication in the Gazette ... ... ... 21 June 1973 PREVIOUS REPRINTS First Reprint ... Second Reprint ... ... ... ... ... ... ... ... ... 1994 2000 3 LAWS OF MALAYSIA Act 110 FARMERS’ ORGANIZATION AUTHORITY ACT 1973 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE AUTHORITY 3. The Authority 4. Functions of the Authority 5. Membership of the Authority 6. Establishment of the Council 7. Public Authorities Protection 8. Public servants 9. Power of Minister to give directions 10. Farmers’ Development Area 11. Additional functions of the Authority 12. Returns, reports, accounts and information Laws of Malaysia 4 ACT 110 PART III DIVISIONS, OFFICERS AND SERVANTS Section 13. Chairman to be principal managing officer 14. Director General to be the Chief Executive Officer 15. Appointment of other officers and servants 16. Divisions may be set up 17. Discipline of officers and servants 17A. Establishment of Disciplinary Appeal Board 17B. Termination in the public interest 18. Regulations governing conditions of service of officers and servants PART IV FINANCE 19. Establishment of the Fund 20. Balancing of revenue account 21. Reserve fund 22. Expenses to be charged on the Fund 23. Expenditure and preparation of Estimates 24. Accounts and audit 24A. Surcharge PART V OTHER POWERS OF THE AUTHORITY 25. Delegation of powers of Authority 26. Power to borrow 27. Investment 28. Power to employ agents 29. Power to make loans 30. Power to establish corporations 31. Compulsory acquisition of land Farmers’ Organization Authority PART VI GENERAL Section 32. (Deleted) 33. Obligation of secrecy 34. Civil proceedings 35. Offences in respect of loans and burden of proof 36. Public Prosecutor’s consent 37. Power to make regulations 38. Things done in anticipation of this Act FIRST SCHEDULE SECOND SCHEDULE THIRD S CHEDULE FOURTH SCHEDULE 5 6 Laws of Malaysia ACT 110 Farmers’ Organization Authority 7 LAWS OF MALAYSIA Act 110 FARMERS’ ORGANIZATION AUTHORITY ACT 1973 An Act to incorporate the Farmers’ Organization Authority and to provide for matters connected therewith. [14 February 1973] 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 and commencement 1. This Act may be cited as the Farmers’ Organization Authority Act 1973, and shall be deemed to have come into force on the 14 February 1973. Interpretation 2. In this Act, unless the context otherwise requires— “Authority” means the Farmers’ Organization 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 30; “Council” means the Farmers’ Advisory Council established under section 6; “Deputy Chairman” means the Deputy Chairman of the Authority appointed under section 5; Laws of Malaysia 8 ACT 110 “Farmers’ Development Area” means any area where concentrated agricultural and economic development shall be promoted and which shall be determined by the Minister in accordance with section 10; “Farmers’ Organization” means any Farmers’ Organization established under the Farmers’ Organization Act 1973 [Act 109]; “Fund” means the fund established under section 19. PART II THE AUTHORITY The Authority 3. There is hereby established a body corporate by the name Farmers’ Organization Authority 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 or 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 of Farmers’ Organizations; (b) to register, control and supervise Farmers’ Organizations and to provide for matters related thereto; (c) where a declaration by notification has been made under section 10, to plan and undertake such agricultural development within such Farmers’ Development Area; and (d) to control and co-ordinate the performance of the aforesaid activities. Farmers’ Organization Authority 9 (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— (a) to carry on all activities particularly of commercial and industrial enterprises, the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the discharge of its said function, including the primary production, manufacturing, assembling, processing, packing, grading and marketing of agricultural products, research and training; (b) to initiate preliminary studies of possible agricultural development and redevelopment and make preliminary plans outlining agricultural development or redevelopment activities and preliminary surveys to determine if the undertaking and carrying out of such agricultural development or redevelopment projects are as a Farmers’ Organization enterprise feasible; (c) 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 any State, any public authority, any company, any corporation, any body or any person; (d) to promote and co-ordinate the carrying on of such activities by Governments, public authorities, any company, corporation, or other body or person; (e) 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; (f) to give assistance to any Farmers’ Organization, 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; (g) to purchase, underwrite or otherwise acquire any stock and shares in any public or private company, and to dispose of the same whether to Farmers’ Organizations or other persons on such terms and conditions as the Authority may determine; Laws of Malaysia 10 ACT 110 (h) to request departments, governmental and nongovernmental agencies engaged in carrying out or intending to carry out agro-based development for the benefit of farmers to submit report regarding their activities or proposed activities containing such particulars and information as may be specified by the Authority and to co-operate with the Authority in its efforts to develop Farmers’ Organizations; (i) to appoint agents or establish such other bodies as it may deem fit for the purpose of carrying out its functions; (j) to impose fees or any other charges it deems fit for giving effect to any of its powers or functions; (k) to receive, in consideration of the services rendered by it, such commission or payments as may be agreed upon; (l) to regulate development in the Farmers’ Development Area; and (m) to do such other things as it deems fit for the effective carrying out of its functions and powers. (3) Subject to section 8, it shall be the responsibility of the Authority in discharging its functions under this Act to ensure that the functions shall be performed in such manner as shall be in furtherance of the policy of the Government for the time being in force and in particular the policy relating to the restructuring of society. Membership of the Authority 5. (1) The Authority shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; (b) a Deputy Chairman; (c) the Director General; and (d) six other members, not more than four of whom shall be from the public service. (2) The First Schedule to this Act shall apply to the members of the Authority. Farmers’ Organization Authority 11 Establishment of the Council 6. (1) There is hereby established a body by the name “Farmers’ Advisory Council” whose function shall be— (a) generally to advise the Minister on matters pertaining to the development of Farmers’ Organizations; and (b) to advise the Minister on any matter referred to it by the Minister. (2) The Council shall consist of the following members: (a) the Chairman of the Authority who shall be the Chairman of the Council; (b) the Deputy Chairman of the Authority who shall be the Deputy Chairman of the Council; (c) the Director General of the Authority who shall be the Secretary to the Council; (d) the Director General of Agriculture; (e) the Director General of Co-operative Development Department; (f) a representative of the Ministry of Agriculture and Agro-Based Industries; (g) a representative of the Ministry of Rural and Regional Development; (h) a representative of the Ministry of Plantation Industry and Commodities; (i) a representative of the Treasury; (j) a representative of the Ministry of Domestic Trade and Consumer Affairs; (k) a representative of the Prime Minister’s Department; (l) a representative from each of the States in Malaysia; and (m) not more than six other members appointed by the Minister. (3) Paragraphs 1, 2, 3, 7, 8 and 9 and subparagraphs 4(3), 4(4) and 4(5) of the First Schedule shall with such modifications as are necessary apply to the Council. Laws of Malaysia 12 ACT 110 (4) The Council shall meet at least twice during every calendar year. (5) The Chairman, Deputy Chairman or member presiding at such meeting and ten other members shall form a quorum at any meeting of the Council. Public Authorities Protection 7. 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 8. All members, officers and servants of the Authority, while discharging their duties as such members, officers or servants shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Power of Minister to give directions 9. (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 directions shall, so l