FISHERMEN'S ASSOCIATIONS ACT 1971

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 44 FISHERMEN’S ASSOCIATIONS ACT 1971 As at 1 December 2011 2 FISHERMEN’S ASSOCIATIONS ACT 1971 Date of Royal Assent ... ... ... … 30 August 1971 Date of publication in the Gazette … … … … 2 September 1971 Latest amendment made by Act A1294 which came into operation on … … … … 1 January 2008 PREVIOUS REPRINTS First Reprint ... ... ... … … 1993 Second Reprint ... ... … … 1999 Third Reprint ... ... ... … … 2006 3 LAWS OF MALAYSIA Act 44 FISHERMEN’S ASSOCIATIONS ACT 1971 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II FORMATION OF AREA, STATE AND NATIONAL FISHERMEN’S ASSOCIATIONS 3. Formation 4. Prohibition 5. Objects of Fishermen’s Associations PART III REGISTRATION 6. Registrar of all Fishermen’s Associations 7. Register 8. Conditions for registration 4 Laws of Malaysia ACT 44 PART IV STATE FISHERMEN’S ASSOCIATIONS SUPERVISING OFFICER Section 9. Supervising authorities 10. Duties of Supervising Officers PART V MEMBERS OF AREA FISHERMEN’S ASSOCIATIONS 11. Members of Area Fishermen’s Associations 11A. Register to be prima facie evidence PART VI MANAGEMENT AND FUNDS OF AREA, STATE AND NATIONAL FISHERMEN’S ASSOCIATIONS 12. Directors 13. Funds of Fishermen’s Associations 13A. Power to borrow money, etc. 13B. Investment of funds 14. Reserve Fund PART VII CONFEDERATION OF AREA AND STATE FISHERMEN’S ASSOCIATIONS 15. Procedure for confederation of Area Fishermen’s Association 16. Registration of State Fishermen’s Association 17. Procedure for confederation of State Fishermen’s Associations PART VIII GENERAL 18. Fishermen’s Association to be body corporate Fishermen’s Associations 5 Section 18A. Settlement of disputes 18B. Case stated on question of law 19. Power to inspect 20. Power to suspend and dissolve 21. Appeal 22. No business during suspension 23. Management during suspension 24. Annual meeting 25. Audit 25A. Right of access to accounting and other records 26. Rules 27. Regulations 28. Special powers of Minister to exempt from requirements as to registration, etc. 29. Power to exempt from duty or tax 30. Prohibition of the use of the word “Fishermen’s Association” 31. Trade Union laws and Companies Act not to apply 32. Offences 32A. Proof of entries in the books of Fishermen’s Association 33. Amendment 34. (Deleted) 35. (Deleted) 36. (Deleted) 7 LAWS OF MALAYSIA Act 44 FISHERMEN’S ASSOCIATIONS ACT 1971 An Act to establish Fishermen’s Associations in Malaysia and to provide for matters connected with it. [Throughout Malaysia—4 May 1972, P.U.(B)172/1972] 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, application and commencement 1. (1) This Act may be cited as the Fishermen’s Associations Act 1971 and shall, subject to subsection (3), apply throughout Malaysia. (2) This Act shall come into force on such date as the Minister may by notification in the Gazette appoint, such date not being earlier than that on which the notification is published. (3) The Minister may by order suspend the operation of this Act in part or parts of Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— 8 Laws of Malaysia ACT 44 “Area Fishermen’s Association” means an association of persons of not less than fifty in number formed in accordance with this Act or any regulations made thereunder for any area in any State; “Fishermen’s Association” means an Area Fishermen’s Association, a State Fishermen’s Association or a National Fishermen’s Association; “fishermen’s co-operative society” means any co-operative society which, upon the coming into operation of this Act, is registered under the *Co-operative Societies Act 1948 [Act 287], the Co-operative Societies Ordinance 1958 of Sabah [Ord. No. 3 of 1958] and the Cooperative Societies Ordinance of Sarawak [Cap. 66] and whose principal objects or main functions concern fishery production, credit, marketing or processing or any such commercial and trading ventures: Provided that where there is a dispute as to whether any cooperative society is a fishermen’s co-operative society, such dispute shall be referred to the Registrar whose decision shall be final and shall not be called in question in any Court; “fishing” means estuarine or marine fishing; “Minister” means the Minister for the time being charged with responsibility for fisheries; “National Fishermen’s Association” means a confederation of any two or more State Fishermen’s Associations in accordance with this Act; “Region” means an area comprising two or more States as may be determined by the Minister; “Registrar” means the Registrar of Fishermen’s Associations appointed under section 6; “State Fishermen’s Association” means a confederation of any two or more Area Fishermen’s Associations in accordance with this Act. ________________________________________________________ *NOTE—Act 287, Sabah Ord. No. 3 of 1958 and Sarawak Cap. 66 have been repealed—see section 95 Co-operative Societies Act 1993 [Act 502]. Fishermen’s Associations 9 PART II FORMATION OF AREA, STATE AND NATIONAL FISHERMEN’S ASSOCIATIONS Formation 3. (1) An Area Fishermen’s Association may be formed in accordance with this Act or any regulations made thereunder. (2) Any two or more Area Fishermen’s Associations registered in accordance with this Act may, with the approval of the Registrar confederate into one State Fishermen’s Association. (3) Any two or more State Fishermen’s Associations registered in accordance with this Act may, with the approval of the Registrar, confederate into a National Fishermen’s Association. Prohibition 4. No Area, State or National Fishermen’s Associations shall carry on business unless it is formed and registered in accordance with this Act. Objects of Fishermen’s Associations 5. (1) A Fishermen’s Association may be formed with the object or objects of promoting the economic and social interests or well being of its members and shall have the power to do all things necessary to achieve the objects and in particular, but without prejudice to the generality of the foregoing, it shall have the power— (a) to manage and operate financial aid scheme to provide credit and capital resources to members; (b) to promote member education and training including circulation of information on matters of interest to members; 10 Laws of Malaysia ACT 44 (c) to organize exhibition, fairs and displays; (d) to organize fishing operation or aquaculture; the assembling, storage, processing, distribution and disposal of members’ products; (e) to provide health centres, nurseries, thrift institutions, insurance, mutual aid and other welfare programmes; (f) to assist in investigations and the collection of statistics of the fishing industry; (g) to provide buoys and other navigation aids and fishing harbour facilities; (h) to mediate in disputes involving a member or members arising in the fishing industry; (i) to organize the participation of members in any programmes for the conservation of fishery resources; (j) to operate and provide transportation facilities to enhance fish marketing activities and related activities; (k) to provide marketing, storage, drying, warehousing and other facilities; and (l) to facilitate capital formation and investment among members through the establishment of companies or equity participation in trading and business ventures. (2) Notwithstanding the powers conferred by subsection (1), a Fishermen’s Association shall not establish any company or participate in the equity of any trading or business ventures without the prior written approval of the Registrar, and the Registrar may, in giving such approval, impose any condition he deems fit. (3) Without prejudice to the powers conferred upon the Registrar in subsection (2), the Registrar may, by order in writing, limit, impose conditions on or regulate the powers of any Fishermen’s Association to ensure efficiency in, and to avoid duplication of, the functions of such Fishermen’s Association. Fishermen’s Associations 11 (4) Any person who is dissatisfied with any order of the Registrar under subsection (2) or (3) may appeal to the Minister within thirty days of such order and the Minister may confirm, vary or revoke such order; and the decision of the Minister shall be final and shall not be called in question in any Court. PART III REGISTRATION Registrar of all Fishermen’s Associations 6. (1) There shall be appointed a Registrar of Fishermen’s Associations and such Assistant Registrars with such powers of a Registrar under this Act as may be specified by the Minister. (2) All appointments under this section shall be published in the Gazette. (3) The Director General of the Lembaga Kemajuan Ikan Malaysia shall be the Registrar. (4) The Registrar may in writing delegate to any person, including any officer in the public service in the States of Sabah and Sarawak, any of his powers under this Act except his powers to suspend or dissolve any Fishermen’s Association. Register 7. The Registrar shall keep and maintain or cause to be kept and maintained a register or registers which shall contain such particulars relating to the registration of all Fishermen’s Associations as he may think expedient. 12 Laws of Malaysia ACT 44 Conditions for registration 8. (1) Save as provided with respect to the registration of State and National Fishermen’s Associations no Area Fishermen’s Association shall be registered unless— (a) there has been a meeting at which there have been present 50 or more persons described in paragraph 11(1)(a); (b) at the meeting aforesaid there shall have been presented a written statement showing the objects of the Area Fishermen’s Association and copy of the constitution or rules for the management of such Association; and (c) provisions in the constitution or the rules of such Association include those provisions prescribed in the rules made under this Act. (2) A certificate of registration signed by the Registrar shall be conclusive evidence that the Association therein mentioned is duly registered under this Act, unless it is proved that the registration of the Association has been cancelled. PART IV STATE FISHERMEN’S ASSOCIATIONS SUPERVISING OFFICER Supervising authorities 9. (1) The Minister may appoint in respect of every Region and State, a Fishermen’s Associations Supervising Officer. (2) An appointment made under subsection (1) shall be for such period or on such conditions as the Minister may determine. (3) A person appointed under this section shall be under the general directions of the Registrar. Fishermen’s Associations 13 Duties of Supervising Officers 10. (1) A Fishermen’s Associations Supervising Officer appointed in respect of a State shall— (a) advise Area Fishermen’s Associations and State Fishermen’s Associations in the State on the activities of such associations; (b) co-ordinate any scheme or schemes carried out by Area Fishermen’s Associations in the State; and (c) inspect and supervise the activities of Area Fishermen’s Associations and State Fishermen’s Association in the State. (2) A Fishermen’s Associations Supervising Officer appointed in respect of a Region shall have overall supervision of all Area and State Fishermen’s Associations in that Region. PART V MEMBERS OF AREA FISHERMEN’S ASSOCIATIONS Members of Area Fishermen’s Associations 11. (1) Any person who is resident within the operative area of an Area Fishermen’s Association and who has attained the age of 18 years shall be eligible to become a member of an Area Fishermen’s Association if he belongs to any of the following categories, tha