ABATTOIRS (PRIVATIZATION) ACT 1993

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 507 ABATTOIRS (PRIVATIZATION) ACT 1993 As at 1 December 2011 2 ABATTOIRS (PRIVATIZATION) ACT 1993 … … … … … … 8 September 1993 Date of Royal Assent Date of publication in the Gazette … … … … 16 September 1993 PREVIOUS REPRINTS First Reprint ... … … … … 2002 … … … … 2006 Second Reprint 3 LAWS OF MALAYSIA Act 507 ABATTOIRS (PRIVATIZATION) ACT 1993 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation PART II LICENCE TO OPERATE ABATTOIR, SUSPENSION AND REVOCATION OF LICENCE 3. Power of Minister to grant licence to operate an abattoir 4. Suspension or revocation of licence on breach of condition of licence 5. Suspension or revocation of licence on breach of Act or rules PART III DUTIES OF A LICENSED OPERATOR 6. General duties of a licensed operator 7. Submission of reports, accounts, statistical information, etc. PART IV CHARGES AND FEES 8. Power of licensed operator to collect charges and fees 4 Laws of Malaysia ACT 507 Section 9. Submission of memorandum for change in existing charges and fees. 10. Minister to make amendments to rules in respect of change in charges. PART V RULES, GENERAL PENALTY, OFFENCE BY BODY CORPORATE AND CONDUCT OF PROSECUTION 11. Rules 12. General penalty 13. Offence committed by a body corporate 14. Conduct of prosecution PART VI MISCELLANEOUS 15. Powers, functions and duties of Director General 16. Inspectorial power of Director General 17. Special powers in emergency 18. Service of notices 19. Validation 20. Persons who are deemed to be licensees SCHEDULE 5 LAWS OF MALAYSIA Act 507 ABATTOIRS (PRIVATIZATION) ACT 1993 An Act to facilitate privatization of abattoirs and for matters connected therewith. [15 December 1993, P.U. (B) 595/1993] 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 application 1. (1) (2) This Act may be cited as the Abattoirs (Privatization) Act 1993. This Act shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “abattoir” means any place, with proper meat inspection facilities, for the slaughter of animals specified in the Schedule; “Director General” means the Director General of Veterinary Services appointed under section 3 of the Animals Ordinance 1953 [Ord. No. 17 of 1953] and includes the Deputy Director General appointed under the same section; 6 Laws of Malaysia ACT 507 “licence” means a licence issued under Part II; “licensed operator” means any person or body of persons licensed under Part II to operate an abattoir; “Minister” means the Minister charged with the responsibility for abattoir control; “to operate” means to build or to manage an abattoir or to provide abattoir services. PART II LICENCE TO OPERATE ABATTOIR, SUSPENSION AND REVOCATION OF LICENCE Power of Minister to grant licence to operate an abattoir 3. (1) The Minister may grant a licence to any person or body of persons whose tender or proposal to operate an abattoir has been accepted by the Government. (2) Without prejudice to the generality of subsection (1), every licence issued under this section shall set out— (a) the duration of the licence; (b) the annual licence fee payable by the licensee; (c) the particular duties of the licensee in respect of the services to be provided by it; and (d) such other matters or conditions as the Minister thinks fit. (3) The issue of a licence to any person or body of persons under subsection (1) shall not impose any liability on the Government of Malaysia for any loss or damage occasioned by any act, omission or default of such person or body of persons. Abattoirs (Privatization) 7 Suspension or revocation of licence on breach of condition of licence 4. (1) Where the Director General is satisfied that a licensed operator is contravening, or has contravened and is likely again to contravene, any of the conditions of its licence, the Director General may give notice in writing to the licensed operator requiring it to comply with that condition within the period prescribed in the notice. (2) If, on the expiry of the period prescribed in such notice, the licensed operator fails to comply with the condition mentioned therein, the Director General shall submit to the Minister a report of such failure by the licensed operator and the report shall be in such form as the Director General considers appropriate. (3) Where, after considering the report from the Director General, the Minister is satisfied that the contraventions were, or the apprehended contraventions are, of a serious nature or has affected or is likely to affect public interest or safety and that the licensed operator has refused to take or has not taken all such steps as appear necessary to the Minister for the purpose of securing compliance with the condition in question, the Minister may give to the licensed operator notice stating that he proposes to suspend or revoke, as the case may be, its licence and such notice shall also set out― (a) the condition of the licence which the licensed operator has contravened and the acts or omissions which constitute such contravention; and (b) the period (not being less than thirty days from the date of the notice) within which the licensed operator may make representations with respect to the proposed suspension or revocation, as the case may be. (4) After the expiry of the period specified in the notice and after considering any representations made by the licensed operator, if any, the Minister shall decide whether to proceed with the proposed action or to take no further action. (5) A notice shall be given by the Minister to the licensed operator of his decision and the decision shall take effect from the date on which the said notice is served on the licensed operator. (6) The decision of the Minister under this section shall be final and conclusive. 8 Laws of Malaysia ACT 507 Suspension or revocation of licence on breach of Act or rules 5. (1) Where the Director General is satisfied that a licensed operator has breached or has failed to comply with any of the provisions of this Act or any of the rules made thereunder, he shall submit to the Minister a report of such breach or non-compliance by the licensed operator. (2) Where, after considering the report from the Director General, the Minister is satisfied that the breach or non-compliance was of a serious nature or has affected or is likely to affect public interest or safety, he shall give to the licensed operator a notice stating that he proposes to suspend or revoke, as the case may be, its licence and such notice shall also set out— (a) the provisions of the Act or the rules made thereunder which the licensed operator has contravened and the acts or omissions which constitute such contravention; and (b) the period (not being less than thirty days from the date of the notice) within which the licensed operator may make representations with respect to the proposed suspension or revocation, as the case may be. (3) After the expiry of the period specified in the notice and after considering any representations made by the licensed operator, if any, the Minister shall decide whether to proceed with the proposed action or to take no further action. (4) A notice shall be given by the Minister to the licensed operator of his decision and the decision shall take effect from the date on which the said notice is served on the licensed operator. (5) The decision of the Minister under this section shall be final and conclusive. Abattoirs (Privatization) 9 PART III DUTIES OF A LICENSED OPERATOR General duties of a licensed operator 6. (1) It shall be the duty of a licensed operator to ensure that the services provided by it meet the performance standards prescribed by the Director General under subsection 15(2). (2) A licensed operator shall have due regard to the efficiency, economy and safety of operations in respect of the services provided by it and shall, at all times, ensure that its operations are carried out under hygienic conditions. Submission of reports, accounts, statistical information, etc. 7. (1) The Minister may require a licensed operator― (a) to submit to the Director General within three months after the end of each financial year or such longer period as the Director General may allow― (i) a report of its operation during that financial year containing such information as is necessary to enable the Government to make an informed assessment of such operation; and (ii) its audited annual balance sheet and profit and loss account, and the reports of its auditors and directors; (b) to submit to the Director General― (i) such statistical information relating to its operation as may be required by the Government from time to time; (ii) its forecast as to the number of animals that would be slaughtered over a specified period, such forecast to be made in such form as may be determined by the Director General from time to time; and 10 Laws of Malaysia ACT 507 (iii) future development plans relating to any service or facility which it is bound to provide under the conditions of the licence. (2) The Director General may require a licensed operator to submit such further or additional information as he may deem necessary either by way of an explanation, amplification or otherwise with reference to any report or information forwarded by the licensed operator under subsection (1) and such information shall be submitted within such period and in such manner as the Director General may require. PART IV CHARGES AND FEES Power of licensed operator to collect charges and fees 8. Notwithstanding any provision of this Act or the Financial Procedure Act 1957 [Act 61], all charges and fees prescribed under rules made pursuant to paragraph 11(2)(f) for the provision of abattoir services shall be collected by and shall form part of the revenue of the licensed operator. Submission of memorandum for change in existing charges and fees 9. (1) A licensed operator may submit to the Minister for his approval a memorandum containing proposals for any change in the existing charges and fees prescribed under paragraph 11(2)(f). (2) The Minister shall consider the memorandum submitted within six months of its submission. (3) The Minister may— (a) approve the memorandum subject to such modifications to the proposals contained in the memorandum as he deems fit and proper; (b) reject the memorandum. Abattoirs (Privatization) 11 (4) Where the Minister rejects the memorandum, the licensed operator may, where there is a change in the circumstances relating to the proposal in the memorandum, apply to the Minister for a review: Provided that such application for review shall be made before the expiration of thirty days from the date of the notice of rejection of the memorandum. (5) The Minister shall consider an application for review within three months of its submission. Minister to make amendments to rules in respect of change in charges and fees 10. Where the Minister approves a memorandum, with or without any modifications, he shall, as soon as practicable, make the necessary amendments to the rules made pursuant to paragraph 11(2)(f) in respect of the change in the existing charges and fees. PART V RULES, GENERAL PENALTY, OFFENCE BY BODY CORPORATE AND CONDUCT OF PROSECUTION Rules 11. (1) The Minister may, from time to time, make such rules as may be necessary or expedient for carrying out or achieving the objects and purposes of this Act. (2) Without prejudice to the generality of subsection (1), rules may be made— (a) to provide for the control by the Director General of any project carried out by a licensed operator for the improvement and development of facil