MALAYSIAN COCOA BOARD (INCORPORATION) ACT 1988

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 343 MALAYSIAN COCOA BOARD (INCORPORATION) ACT 1988 As at 1 January 2013 2 MALAYSIAN COCOA BOARD (INCORPORATION) ACT 1988 Date of Royal Assent … … … 13 August 1988 Date of publication in the Gazette … 8 September 1988 Latest amendment made by Act A1103 which came into operation on … … … … 1 September 2001 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 343 MALAYSIAN COCOA BOARD (INCORPORATION) ACT 1988 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II THE BOARD 3. Establishment of Board and its objectives 33AA. . Common seal 4. Tenure of office 5. Alternate members 6. Appointment to be gazette 7. Temporary exercise of functions of Chairman 8. Functions of the Board 9. Powers of the Board 10. 10. Power to establish corporation 1010 A. A. Commerecialization of research findings 1010 B. B. Power to employ agents, etc. 11. 11. Power to Minister to make regulations 4 Laws of Malaysia Section 12. Appeals to the Minister 13. Power of Board to make rules and regulations 14. Minister may give direction 14AA. . 14 Member deemed to be public servant PART IIA DIRECTOR GENERAL AND STAFF OF THE BOARD 15. Appointment of Director General and other staff of the Board 16. Powers and duties of the Director General 17. Public servants 17 17AA.. Delegation of Director General’s duties 17 17BB.. Property in research finding by Director General or staff PART III FINANCE 18. Malaysian Cocoa Board Fund 18 18AA. . Malaysian Cocoa Board Staff Welfare Account 19. Power to borrow money 20. Power to invest 21. (Deleted) PART IV CESS 22. Cess on cocoa ACT 343 Malaysian Cocoa Board (Incorporation) PART V AUDIT AND ANNUAL REPORT Section 23. Submission of accounts, audit and annual report PART VA AUDIT AND ANNUAL REPORT 23 23AA.. Authorization of officers 23 23BB.. Power of investigation 23 23CC.. Search by warrant 23 23DD.. Power to stop and search conveyances 23 23EE.. List of things seized 23 23FF.. Power to enter premises 23 23GG.. Temporary return of conveyance, etc. 23 23HH.. Sale and disposal of seized cocoa 23I. Seized cocoa, etc., liable to forfeiture 23J. Property in forfeited cocoa, etc. 23 23KK.. Forfeiture or release of seized cocoa, etc. 23 23LL.. Claim for seized cocoa, etc. 23 23MM. . Release of seized cocoa, etc. 23 23NN.. Cost of holding seized cocoa, etc. 23 23OO.. No costs or damages arising from seizure to be recoverable 23 23PP.. Additional powers 23 23QQ.. Offence to assault or obstruct authorized officer PART VB GENERAL 23 23RR.. Appointment of analysts 23s. 23S. Proportional examination or testing of seized cocoa 23 23TT.. Obligation of secrecy 5 6 Laws of Malaysia ACT 343 Section 23 23UU. . False information 23 23VV. . Offence by body corporate 23 23WW. . General penalty 23 23XX. . Abetments and attempts punishable as offences 23 23YY. . Power to compound 23 23ZZ.. Institution and conduct of prosecution 2323 AAAA . . Representation in civil proceedings 2323 BBBB . . Jurisdiction to try offences 2323 CCCC . . Protection of officers 2323 DDDD . . Reward 2323 EEEE . . Protection of informers PART VI SUPPLEMENTARY AND TRANSITIONAL PROVISIONS 24. (Deleted) 25. Amendment of Act 11 25AA. . 25 Further amendment of Act 11 26. Amendment of Act 141 26 26AA. . Transfer of property 26 26BB.. Existing contracts 26CC.. 26 Continuance of officers and servants 27. Validation of acts done in anticipation of Act 28. Power of Minister to give exemption FIRST SCHEDULE SECOND SCHEDULE 7 LAWS OF MALAYSIA Act 343 MALAYSIAN COCOA BOARD (INCORPORATION) ACT 1988 An Act to establish the Malaysian Cocoa Board and to provide for matters connected therewith. [1 February 1989, P.U. (B) 59/1989, except for ss. 25 & 26] 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 Malaysian Cocoa Board (Incorporation) Act 1988. (2) This Act shall apply throughout Malaysia and shall come into force on such date as the Minister may by notification in the Gazette appoint, and the Minister may appoint different dates for the coming into force of this Act for different States in Malaysia or for different provisions of this Act. Interpretation 2. In this Act, unless the context otherwise requires— 8 Laws of Malaysia ACT 343 “analyst” means an analyst appointed under section 23R; “appointed day” means the day on which section 25A comes into operation; “approved programmes” means programmes approved by the Board; “authorized officer” means— (a) an officer of the Board authorized under section 23A; (b) a police officer not below the rank of Inspector; or (c) an officer of customs; “Board” means the Malaysian Cocoa Board established under section 3; “Chairman” means the Chairman of the Board appointed under section 3B; “cocoa” means the plant of the genus Theobroma or any related genus or species or any hybrids or clones of the genus or species, plants resulting from the crossing of these species, hybrids or clones with any other species, hybrids or clones of plants, and genetically engineered versions of these species, hybrids or clones, and includes cocoa beans and cocoa products; “cocoa bean” means the seed of Theobroma cacao L. whether or not passed through a process of fermentation or drying; “cocoa industry” means any industry involved in the planting of cocoa or the production of cocoa products or both and includes services related to such planting or production; “cocoa planting materials” means cocoa seeds, cocoa seedlings, budded cocoa seedlings, any material from any part of the cocoa plant used in vegetative propagation and plants from cocoa tissues; Malaysian Cocoa Board (Incorporation) 9 “cocoa products” means any products manufactured from the cocoa bean and includes cocoa liquor, cocoa butter, cocoa cake, cocoa powder and chocolate; “conveyance” means any mode of transport, whether by air, sea or land; “Director General” means the Director General of the Board appointed under section 15; “Fund” means the Malaysian Cocoa Board Fund established under section 18; “MARDI” means the Malaysian Agricultural Research and Development Institute established under the Malaysian Agricultural Research and Development Institute Act 1969 [Act 11]; “member” means a member of the Board, and includes an alternate member; “Minister” means the Minister responsible for the cocoa industry; “research finding” means any results from research and development activities and includes inventions and improvements in any process, apparatus, machine or technique; “sea” includes inland waters; “staff” means the officers and servants of the Board and where the context so applies, any expert employed by the Board on a temporary basis; “this Act” includes any regulations made under this Act. 10 Laws of Malaysia ACT 343 PART II THE BOARD Establishment of Board and its objectives 3. (1) There is established a body corporate by the name of “Malaysian Cocoa Board”. (2) The Board shall have perpetual succession. (3) The Board may sue and be sued in its corporate name. (4) Subject to and for the purposes of this Act, and on such terms as it deems fit, the Board may— (a) enter into contracts; and (b) in respect of movable and immovable property and interest in movable and immovable property, of every description— (i) acquire, purchase and take such property and interest; and (ii) hold, enjoy, convey, assign, surrender, yield up, (ii) charge, mortgage, demise, reassign, transfer, or otherwise dispose of or deal with, such property and interest vested in the Board. (5) The objectives of the Board are— (a) to promote and develop the cocoa industry of Malaysia; and (b) to develop national objectives, policies and priorities for the orderly development and administration of the cocoa industry of Malaysia. (6) The First Schedule shall apply to the Board. Malaysian Cocoa Board (Incorporation) 11 Common seal 3A. (1) The Board shall have a common seal that shall bear a device approved by the Board. (2) The common seal may, from time to time, be broken, changed, altered and made anew as the Board deems fit. (3) Until a seal is provided by the Board, a stamp bearing the words “Malaysian Cocoa Board” may be used and shall be deemed to be its common seal. (4) The common seal shall be kept in the custody of the Chairman or a member of the Board. (5) The common seal shall be affixed in the presence of the Chairman and one other member of the Board and the Chairman and such member shall sign every deed, document or other instrument to which the common seal is affixed. (6) All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated as specified in subsection (5) shall, until the contrary is proven, be deemed to have been validly executed. (7) Any deed, document or other instrument that, if executed by a person who is not a body corporate, is not required to be under seal, may in like manner be executed by the Chairman or a member of the Board on behalf of the Board. (8) The common seal of the Board shall be officially and judicially noticed. Membership of Board 3B. The Board shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; 12 Laws of Malaysia ACT 343 (b) a representative of the Ministry charged with the responsibility for the cocoa industry, to be nominated by the Secretary General of the Ministry; (c) a representative of the Treasury, to be nominated by the Secretary General of the Ministry of Finance; (d) a representative of the Ministry charged with the responsibility for agriculture, to be nominated by the Secretary General of the Ministry; (e) a representative of the Ministry charged with the responsibility for international trade and industry, to be nominated by the Secretary General of the Ministry; (f) five representatives of the cocoa industry; (f) (g) not more than six persons to represent the other interests of the cocoa industry or the interests of the Federal Government or the interests of the State Governments; and (h) the Director General. Tenure of office 4. The members of the Board shall hold office for such period as may be specified in their letters of appointment and shall be eligible for reappointment. Alternate members 5. (1) The Minister may in respect of each member of the Board appointed under paragraphs 3B (b), (c), (d), (e), (f) and (g) appoint one person to be an alternate member to attend in place of the member at the meetings of the Board if that member is for any reason unable to attend. Malaysian Cocoa Board (Incorporation) 13 (1A) Alternate members to be appointed— (a) in respect of members appointed under paragraphs 3B(b), (c), (d) and (e), shall be alternate members nominated by the Secretary General of the respective Ministries specified in those paragraphs; and (b) in respect of members appointed under paragraphs 3B(f) and (g), shall be alternate members nominated by the respective appointed member. (2) When attending meetings of the Board, an alternate member shall for all purposes be deemed to be a member of the Board. (3) An alternate member shall, unless he sooner resigns or his appointment is sooner revoked, cease to be an alternate member if the member in respect of whom he is an alternate ceases to be a member of the Board. Appointment to be gazetted 6. The appointment of every member and alternate member of the Board shall be published in the Gazette. Temporary exercise of functions of Chairman 7. (