PINEAPPLE INDUSTRY ACT 1957

LAWS OF MALAYSIA _____________ ONLINE VERSION OF UPDATED TEXT OF REPRINT _____________ Act 427 PINEAPPLE INDUSTRY ACT 1957 As at 1 February 2013 2 PINEAPPLES INDUSTRY ACT 1957 First enacted ... ... ... ... … ... 1957 (Ord. No. 13 of 1957) Revised ... ... … ... ... ... ... 1990 (Act 427 w.e.f. 31 March 1990) PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2001 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 427 PINEAPPLE INDUSTRY ACT 1957 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Establishment of Board 4. Chairman 5. Procedure of Board 6. Liability of members 7. Establishment of the Fund and other functions of the Board 8. Imposition and collection of cess 8A. Power to borrow 8B. Power to invest 9. Power of the Board to require information 10. Appointment of officers and servants 10A. Duties of the chief executive officer 10B. Regulations governing the conduct and discipline of officers and servants 11. Registration 12. Refusal to register 13. Assignment and transfer of certificates 14. Offences 15. Powers of search 16. Making of cans 17. Offences and liability for acts of agents or servants 4 Laws of Malaysia Section 18. Jurisdiction 19. Recognition of association 20. Formation of an inspectorate 21. Powers of inspectors 22. Appointment of committees 22A. Public servants 23. Cancellation 24. Tribunal of Appeal 25. Powers to make regulations 26. Repeal ACT 427 5 LAWS OF MALAYSIA Act 427 PINEAPPLE INDUSTRY ACT 1957 An Act relating to the regulation and improvement of the pineapple industry and other matters incidental thereto. [26 December 1957, L.N. (NS) 117/1957] Short title 1. (1) This Act may be cited as the Pineapple Industry Act 1957. (2) (Omitted). Interpretation 2. (1) In this Act, unless the context otherwise requires— “Board” means the Malaysian Pineapple Industry Board established under section 3; “can” includes any hermetically sealed bottle or container made of glass, metal, plastic, paper or any other material; “canned pineapple” means pineapple whole, cut, crushed, or in pulp or juice form (whether or not mixed with other fruit), which has been preheated, cooked, preserved, dehydrated, quick frozen or otherwise processed either before or after being placed in a can; “canner” means a person who prepares pineapple or labels canned pineapple; 6 Laws of Malaysia ACT 427 “cannery” means any structure or building used wholly or in part to prepare pineapple or to label canned pineapple; “can-supplier” means a manufacturer or importer of cans used or intended to be used for the canning of pineapple; “chief executive officer” means the chief executive officer of the Board appointed under subsection 10(1) and includes any person appointed to act as chief executive officer under section 10; “exporter” means any person who exports canned pineapple from Malaysia; “Fund” means the Pineapple Industry Fund established under section 7; “grower” means any person owning or using land for planting pineapple intended primarily for sale to canneries who is not at the same time the owner of any cannery in the *States of Peninsular Malaysia and includes his duly authorized agent; “inspector” means an inspector appointed under section 20 and includes the Chief Inspector; “marketing society” means any co-operative pineapple marketing society registered as such under the **Co-operative Societies Act 1948 [Act 287]; “pineapple” means any fruit of the plant ananas; “prepare pineapple” means to render pineapple into canned pineapple; *NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia” —see the Interpretation (Amendment) Act l997 [Act A996], subsection 5(2). **NOTE—The Co-operative Societies Act 1948 [Act 287] has since been repealed by the Co-operative Societies Act 1993 [Act 502]–see section 95 of Act 502. Pineapple Industry 7 “registered canner”, “registered cannery”, “registered can-supplier”, “registered marketing society”, “registered exporter”, “registered grower”, “registered transporter”, “registered vendor” means any pineapple canner, cannery, can-supplier, marketing society, exporter, grower, transporter or vendor, as the case may be, registered under this Act; “representative association” means a representative association specified under section 19; “transporter” means any person who transports pineapple of growers or vendors, and includes his duly authorized agent, but does not include a grower who transports his own pineapple; “Tribunal” means the Tribunal of Appeal established under section 24; “vendor” means any person who sells pineapple to canneries, but does not include a grower who sells his own pineapple. Establishment of Board 3. (1) For the purposes of this Act there is hereby established a Board which shall be a body corporate by the name of “The Malaysian Pineapple Industry Board” and which shall have perpetual succession and a common seal, and may sue and be sued in its corporate name. The Board shall have an office in Malaysia. (2) The Board shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; (b) a representative of the Ministry responsible for the pineapple industry; (c) a representative of the Ministry of Trade and Industry; 8 Laws of Malaysia ACT 427 (d) a representative of the Treasury; (e) a representative of such other Ministry as the Minister may determine after consulting the Minister of that Ministry; (f) two persons to represent the interests of registered canners nominated by the representative association of the canning sector of the pineapple industry; (g) two persons to represent the interests of growers; and (h) the State Director of Agriculture, Johore. (3) (a) The Minister may, in respect of each member of the Board other than the Chairman, appoint an alternate member who may attend any meeting of the Board which the member is, for any reason, unable to attend. (b) When attending a meeting of the Board, an alternate member shall, for all purposes, be deemed to be a member of the Board. (4) (Deleted by Act A693). (5) Every member of the Board, other than the person appointed under paragraph (2)(h), shall, unless his appointment is sooner revoked or he sooner resigns, hold office for such period as the Minister may specify in his letter of appointment or, if no such period is specified, for a period of two years from the date of his appointment, and shall be eligible for reappointment. (5A) Every alternate member shall, unless he sooner resigns or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Board. (6) Any member of the Board who without reasonable cause absents himself from two consecutive ordinary or special meetings of Pineapple Industry 9 the Board and any member who has been found or declared to be of unsound mind or has become bankrupt or made an arrangement with his creditors or has been sentenced to imprisonment shall be deemed to have vacated his office and his appointors shall be informed accordingly. (7) If any vacancy occurs by death, resignation, absence, insanity, bankruptcy, imprisonment or otherwise the appointor may appoint a person to fill any such vacancy and any person so appointed shall hold office so long only as the person in whose place he is appointed would have held office. (8) The appointment of every member and alternate member of the Board shall be published in the Gazette. Chairman 4. (1) The Chairman of the Board shall be employed upon such conditions and terms of service, and shall receive such salary travelling allowances and subsistence allowances as may be prescribed by regulations made under section 25, and such salary and allowances shall be paid out of the Fund. (2) During the absence of the Chairman from any cause the members of the Board shall elect an acting chairman who, during the absence of the Chairman, shall have and exercise all the powers of the Chairman. Procedure of Board 5. (1) At any meeting of the Board four members present shall form a quorum for the transaction of business. (2) The powers of the Board shall not be affected by vacancy in the membership thereof. any 10 Laws of Malaysia ACT 427 (3) A decision of the majority of the members of the Board present and voting at a meeting of the Board shall be deemed to be a decision of the Board. (4) The Chairman shall have a vote as a member and in the event of an equality of votes he shall have and exercise a casting vote. (5) At the request of any member the vote on any matter before the Board shall be taken by ballot. Liability of members 6. No member of the Board shall incur any personal liability for any loss or damage caused by any act or omission in the administration of the affairs of the Board unless such loss or damage is occasioned by an intentionally wrongful act or omission on his part. Establishment of the Fund and other functions of the Board 7. (1) The Board shall establish and administer a fund to be called “the Pineapple Industry Fund” and may acquire and hold property, movable or immovable, and may transfer or otherwise deal with the same, and may enter into contracts and do all the things necessary for or incidental to the purposes of this Act. (2) (a) There shall be paid into the Fund— (i) the proceeds of any such cess as is referred to in section 8; (ii) all moneys belonging to the Board; (iii) such moneys as may be provided from time to time by Parliament to be applied for such purpose or purposes as may be specified by Parliament; (iv) all moneys, including registration fees, collected under rules and regulations made under this Act; Pineapple Industry 11 (v) all moneys borrowed by the Board under section 8A; (vi) all moneys earned or arising from any investment under section 8B or from any property acquired by or vested in the Board; and (vii) all other moneys that may in any manner become payable to or vested in the Board in respect of any matter incidental to its functions. (b) The Fund may be applied for any purpose within the objects of this Act in such manner as shall be determined by the Board and for lending to its employees for the purpose of purchasing or building dwelling-houses or purchasing conveyances on such terms and conditions as may be prescribed by regulations made under section 25. (3) The functions of the Board shall include— (a) the financing of agronomic and processing research programmes for the industry; (b) the negotiation of agreements on prices and grades of pineapples for sale to canneries; (c) the regulation of the production, grading and marketing of pineapple for sale to canneries and of canned pineapple; (d) administration of quality control and health regulations; (e) administration of a cess fund and recommendations regarding the rate of cess; making (f) collection of statistics and maintenance of statistical records of the industry; (g) the granting of financial assistance, whether by way of subsidy or otherwise, to the industry as a whole or any section of it; 12 Laws of Malaysia ACT 427 (h) any other matters affecting the industry. (4) The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply in respect of the Board. (5) The accounts of the Board shall be subject to audit by an auditor approved by the Minister. (6) The common seal of the Board may by resolution of the Board be affixed to any instrument in the presence of the Chairman and two other members of the Board, who shall all sign their names to such instrument. (7) Four ordinary meetings of the Board shall be held each year. All other meetings shall be special meetings and may be called at any time by the Chairman or acting Chairman and shall be called at the request of any member. Imposition and collection cess 8. (1) The Minister after consultation with the Board may for