PERBADANAN KEMAJUAN KRAFTANGAN MALAYSIA ACT 1979

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 222 PERBADANAN KEMAJUAN KRAFTANGAN MALAYSIA ACT 1979 As at 1 December 2015 2 PERBADANAN KEMAJUAN KRAFTANGAN MALAYSIA ACT 1979 … … … 15 August 1979 Date of publication in the Gazette … … 23 August 1979 Latest amendment made by Act 478 which came into operation on … … … 21 February 1992 Date of Royal Assent … PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2001 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 222 PERBADANAN KEMAJUAN KRAFTANGAN MALAYSIA ACT 1979 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Citation and commencement 2. Interpretation PART II THE PERBADANAN KEMAJUAN KRAFTANGAN MALAYSIA 3. Establishment of the Perbadanan Kemajuan Kraftangan Malaysia 4. Membership of the Perbadanan 5. Remuneration and allowances 6. Meetings of the Perbadanan 7. Duties of the Perbadanan 8. Powers of the Perbadanan 9. Power to establish subsidiary corporations and companies PART III ADMINISTRATION 10. Appointment of the Director General 11. Appointment of other officers and servants 4 Laws of Malaysia ACT 222 Section 12. Administrative divisions 13. Committees 14. Meetings of a committee PART IV FINANCE 15. The Fund 16. Power to borrow 17. Estimates of income and expenditure 18. Statutory Bodies (Accounts and Annual Reports) Act 1980 19. Annual report PART V LICENCE TO USE LOGO OF THE PERBADANAN 20. Logo of the Perbadanan 21. Licence to use logo of the Perbadanan 22. Duties of licensed persons 23. Revocation and suspension of licences 24. Offences PART VI SPECIFIC DUTIES AND POWERS OF THE DIRECTOR GENERAL 25. Plan for future development 26. Dissemination of information 27. Charge of matters relating to dealings in stock, materials, and products of the Perbadanan 28. Advertising and publicity Perbadanan Kemajuan Kraftangan Malaysia PART VII MISCELLANEOUS PROVISIONS Section 29. Common seal of the Perbadanan 30. Directions of the Minister 31. Public Authorities Protection Act 32. Public servants 33. (Deleted) 34. Obligation of secrecy 35. Civil proceedings 36. Power to make regulations 37. Repeal SCHEDULE 5 7 LAWS OF MALAYSIA Act 222 PERBADANAN KEMAJUAN KRAFTANGAN MALAYSIA ACT 1979 An Act relating to the Perbadanan Kemajuan Kraftangan Malaysia and the handicraft industry. [1 October 1979, P.U. (B) 464/1979] PART I PRELIMINARY Citation and commencement 1. This Act may be cited as the Perbadanan Kemajuan Kraftangan Malaysia Act 1979 and shall come into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “committee” means a committee appointed under section 13; “company” means a company incorporated pursuant to the Companies Act 1965 [Act 125]; “Director General” means the Director General of the Perbadanan appointed under section 10; “Fund” means the Fund established under section 15; 8 Laws of Malaysia ACT 222 “handicraft industry” means any industry which is concerned with the production of handicraft products; “handicraft product” means any artistic product which is graced with cultural or traditional appeal and is the outcome of any process which is dependent solely or partly on manual skill, and includes any batik product; and “batik product” means any article, however produced, which bears a batik design on or at any part thereof; “Perbadanan” means the Perbadanan Kemajuan Kraftangan Malaysia referred to in section 3; “subsidiary corporation” means a subsidiary corporation established under section 9. PART II THE PERBADANAN KEMAJUAN KRAFTANGAN MALAYSIA Establishment of Malaysia the Perbadanan Kemajuan Kraftangan 3. (1) There shall be established a corporation by the name of “Perbadanan Kemajuan Kraftangan Malaysia” which shall have perpetual succession and a common seal and which may sue and be sued in the said name and, subject to and for the purposes of this Act, may enter into contracts and hold and deal in or with any movable or immovable property and do all other matters and things incidental or appertaining to a body corporate. (2) Upon the commencement of this Act, the corporation known as “Lembaga Kraftangan Malaysia” established by the Majlis Amanah Rakyat (Lembaga Kraftangan Malaysia) Order 1973 [P.U.(A) 299/1973] shall be known as the Perbadanan Kemajuan Kraftangan Malaysia, shall be deemed to be the corporation established under subsection (1), and shall cease to be regarded as a corporation established by the Majlis Amanah Rakyat under section 25 of the Majlis Amanah Rakyat Act 1966 [Act 489]. Perbadanan Kemajuan Kraftangan Malaysia 9 Membership of the Perbadanan 4. (1) The Perbadanan shall consist of the following members, that is to say: (a) a Chairman; (b) a Deputy Chairman; (c) the Director General; and (d) not less than five nor more than nine other members of whom at least three shall be public officers. (2) The members of the Perbadanan, other than the Director General, who becomes a member by virtue of his appointment as Director General, shall be appointed by the Minister. (3) The Minister shall, in respect of each member of the Perbadanan who is a public officer, appoint an alternate member who may attend any meeting of the Perbadanan which the member concerned is for any reason unable to attend; and an alternate member, when attending a meeting of the Perbadanan, shall for all purposes be deemed to be a member of the Perbadanan. (4) A member of the Perbadanan, other than the Director General, shall, unless his appointment is sooner revoked or he sooner resigns, hold office for two years, but is eligible for reappointment. (5) Every person who was a member or alternate member of the Perbadanan immediately before the commencement of this Act shall, upon such commencement, cease to hold office as member or alternate member, as the case may be, but any such person may be appointed afresh under subsection (2) or (3). Remuneration and allowances 5. There shall be paid to the Chairman, the Deputy Chairman, and the other members of the Perbadanan, including the alternate members, such remuneration or allowances as the Minister may determine. 10 Laws of Malaysia ACT 222 Meetings of the Perbadanan 6. (1) In the absence of the Chairman from any meeting of the Perbadanan, the Deputy Chairman shall preside over the meeting, and if the Deputy Chairman is also absent, such other member as may be elected by the members present shall preside. (2) The quorum for a meeting of the Perbadanan shall be four. (3) If on any question to be determined at any meeting of the Perbadanan there is an equality of votes, the person presiding over the meeting shall have a casting vote. Duties of the Perbadanan 7. (1) The duties of the Perbadanan shall be— (a) to promote and, where necessary, to stimulate and rehabilitate traditional skill and craftsmanship; (b) to develop, and stimulate the growth and maintain the standards of, the handicraft industry by various means, including the provision of research, advisory, and extension services; (c) to guide, orientate, and assist existing craftsmen towards the use of modern methods of production, management, and marketing; (d) to regulate, develop, and improve the quality and maintain the standards of handicraft products for local and foreign markets; and (e) to promote the marketing and export of handicraft products. (2) In the discharge of its duties under subsection (1), the Perbadanan shall place due importance on the need to protect the special interests of traditional craftsmen. Perbadanan Kemajuan Kraftangan Malaysia 11 Powers of the Perbadanan 8. The Perbadanan shall have power, exercisable subject to the prior approval of the Minister, to do all things expedient or reasonably necessary for or incidental to the discharge of its duties, and in particular, but without prejudice to the generality of this section— (a) to provide training facilities and to control and supervise the implementation of training projects and programmes; (b) to bring about sufficient production of handicraft products for export purposes; (c) to develop and supply raw materials for the use of the handicraft industry; (d) to provide plant, machinery, equipment, and tools required by the handicraft industry; (e) to disseminate information to the public on the various aspects of the handicraft industry; (f) to conduct research towards raising the standards of the handicraft industry; (g) to provide incentives in any form or manner for the handicraft industry; (h) to establish centres, subcentres, workshops, and other premises for the undertaking of research and other activities necessary for the development of the handicraft industry; (i) to establish warehouses for the storage of handicraft products and raw materials for making handicraft products; (j) to carry on the business of producing, marketing, and exporting handicraft products on a commercial basis; (k) to receive, in consideration of the services rendered by the Perbadanan, such commission or payment as may be agreed upon; and 12 Laws of Malaysia ACT 222 (l) to prescribe and levy fees of other charges in respect of facilities, services, plant, machinery, equipment, tools and raw materials provided by the Perbadanan in the performance of its duties and the exercise of its powers under this Act. Power to establish subsidiary corporations and companies 9. (1) The Perbadanan may from time to time with the approval of the Minister and the concurrence of the Minister of Finance— (a) by order published in the Gazette, establish a subsidiary corporation by such name as the Perbadanan may think fit; (b) establish or promote the establishment of a company by such name as the Perbadanan may think fit; or (c) take-over any company, to carry out and have the charge, conduct, and management of any project, scheme or enterprise which has been planned or undertaken by the Perbadanan in the execution of its duties under section 7 or the exercise of its powers under section 8. (2) The provisions of the Schedule shall apply to every subsidiary corporation established by the Perbadanan under subsection (1) and the provisions of the Companies Act 1965 shall apply to every company established or taken over by the Perbadanan under subsection (1). PART III ADMINISTRATION Appointment of the Director General 10. (1) There shall be a Director General of the Perbadanan who shall be appointed by the Minister on such terms and conditions as may be determined by the Minister. Perbadanan Kemajuan Kraftangan Malaysia 13 (2) The Director General shall be the chief executive officer of the Perbadanan and shall perform such duties and exercise such powers as may be determined or delegated to him by the Perbadanan. (3) The person who was the Director of the Perbadanan immediately before the commencement of this Act shall, upon such commencement, cease to be the Director; but such person shall, subject to any subsisting contract of service or employment between him and the Perbadanan, continue to be an employee of the Perbadanan on terms and conditions of service or employment no less favourable than those applicable to him immediately before such commencement, and may be appointed as Director General under subsection (1). (4) If during any period the Director General is for any reason unable to exercise the powers and perform the duties of his office, the Minister may appoint any other person to act as Director General. Appointment of other officers and servants 11. (1) The Perbadanan may appoint such other officers and servants as it considers necessary for the efficient conduct of its affairs. (2) The officers and servants of the Perbadanan shall be responsible to the Director General. (3) The officers and servants of the Perbadanan shall hold office for such period or periods, receive such remuneration, fees, and allowances, and be su