* National Kenaf And Tobacco Board Act 2009

Original Language Title: * National Kenaf and Tobacco Board Act 2009

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Laws of MALAYSIA _ _ _ _ _ _ _ _ _ _ _ _ _ ONLINE VERSION of the PRINT TEXT that UPDATE _ _ _ _ _ _ _ _ _ _ _ _ _ Act 692 KENAF and TOBACCO ACT NATIONAL 2009 As at 1 June 2015 2 KENAF and TOBACCO ACT 2009 COUNTRY date of Assent......... January 6, 2009, the date of publication in the Gazette......... 8 January 2009 3 laws of MALAYSIA Act 692 KENAF and TOBACCO ACT 2009 COUNTRY ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II ESTABLISHMENT of BOARD 3. The Board and its objectives 4. Functions of the Board 5. Powers of Board 6. Membership of the Board 7. The term of Office 8. Alternate member 9. Temporary exercise of functions of the Chairman 10. Revocation of appointment and the resignation of the 11. Vacation of Office and filling casual vacancies 12. Protection against legal and legal proceedings 13. Public authorities Protection Act 1948 14. Public servants 15. Power of Minister to give directions 16. Statements, reports, accounts and information 4 laws of Malaysia ACT 692 section 17. Delegation of functions and powers of the Board 18. The Board may establish committees PART III DIRECTOR GENERAL, officers and SERVANTS of the BOARD 19. Powers and duties of Director General 20. Intake services officers and other servants 21. Loans, scholarships and advances to officers and servants PART IV FINANCIAL 22. Fund 23. Expenses shall be charged on the Fund 24. Conservation Fund 25. Fund reserve 26. Ses Fund 27. SES over tobacco and tobacco product 28. Expenses and the preparation of the estimate of 29. Financial year 30. 31 bank accounts. Act statutory bodies (accounts and annual reports) 1980 part V OTHER POWERS of the BOARD 32. Power to borrow 33. 34 investments. Commercialization of research findings 35. Power to employ agents, etc.
36. Financial assistance to companies established by the Board, etc.
The Board of Kenaf and tobacco Country 5 Section 37. The power to establish the company LICENSING 38 PART VI. Kenaf industry regulation and tobacco industry 39. Licensing, approval and certification authorization 40. Application for a licence, approval and certification authorization 41. Licensing, approval and authorization certificate 42. Express 43. Duration and renewal of a license or certificate of consent 44. License shall be displayed 45. Pindak licences 46. No assignment of the licence or certificate of authorization 47. Cancellation or suspension of a license or certificate of authorization 48. Appeal is 49. Purchase tobacco control inside a 50. Control of sale of tobacco inside a 51. Storage and possession of tobacco control be preserved 52. Control the movement of tobacco inside a 53. General penalty PART VII POWERS RELATING to enforcement, SEIZURE, etc.

54. Authorisation to 55. Power of investigation 56. Power card 57. The power of arrest 58. Search and seizure warrants with 59. Search and seizure without a warrant 6 laws of Malaysia ACT 692 section 60. Inspection of the 61. Access to computerized data 62. Seizure of objects, etc.
63. The power to stop, search and seize 64 carriers. List of things seized 65. Temporary return of carrier, etc.
66. Power to require the attendance of the person who knew the case of 67. Inspection on the person who knew the case of 68. Admissibility of statements as evidence of 69. Sale and disposal of kenaf or tobacco, etc., seized 70. Forfeiture kenaf or tobacco, etc., seized 71. Property rights of kenaf or tobacco, etc., that dilucuthakkan 72. The release of kenaf or tobacco, etc., seized 73. Authorized officers can get help to inspect the goods in connection with offences 74. The power to take samples of 75. The appointment of analyst 76. Certificate of analysis 77. Inspection or testing of kenaf, tobacco, etc.
78. There are no costs or damages arising from seizure can be retrieved 79. The power of the Board to require information about kenaf or tobacco, etc.


PART VIII GENERAL 80. Closing season 81. The obligation to maintain the confidentiality of 82. Offences by body corporate 83. Pensubahatan and the attempt is punishable as an offence of 84. Compounding of offences 85. Startup and operation of prosecution the Board of Kenaf and Tobacco Country 7 Section 86. A merger of the offence of 87. Rewards of 88. The whistleblower protection 89. Power to exclude 90. Amendment of schedule 91. Regulations 92. Actions performed in anticipation of this Act manufacturing PART IX REPEAL, SAVINGS and TRANSITIONAL 93. Abolition and liquidation of 94. The transfer of power, etc.
95.96 Pemindahmilikan property. Existing contracts 97. Money transfer Fund 98. Membership of the Board dissolved 99. Continuation of officers and 100 servants. Saving for license and 101. Activities for which a licence under this Act apply 102. Continuation of application, etc., that have not been disconnected 103. Continuation of the 104 civil and criminal proceedings. Sound in law or document about the Board dissolved 105. Continuation of the use of the name of 106. Prevention of anomalies 107. Table 9 laws of MALAYSIA Act 692 KENAF and TOBACCO ACT NATIONAL 2009 an act to establish the Board of Kenaf and tobacco country, to provide for better respect of kenaf industry and tobacco industry Malaysia, to dissolve the National Tobacco Board, and to provide for matters incidental and associated with it.

[1 March 2010]

Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Act of the Board of Kenaf and tobacco Country 2009.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.


Interpretation 2. In this Act, unless the context otherwise requires — 10 laws of Malaysia ACT 692 "this Act" includes any subsidiary legislation made under this Act;

"Member" means a member of the Board and includes alternate member;

"ward" means a building or part thereof which was built, dipadansuaikan or used for fixation tobacco in it;

"research findings" means any decision of

research and development and including the invention and improvements in any process, apparatus, machines or techniques;

"prescribed" means prescribed by regulations made under this Act;

"kenaf industry" means any activity that involves planting, processing, manufacturing and marketing, or the conduct of research into, kenaf, kenaf or kenaf issue release and includes any industry or services relating thereto;

"tobacco industry" means any activity that involves planting, processing, manufacturing and marketing, or conduct research on, tobacco, tobacco products or tobacco issue and include any industry or services relating thereto;

"analyst" means an analyst appointed under section 75;

"rules" and "regulations" means the rules and regulations made under this Act;

"kenaf products" means any product that comes from the kenaf or any mixture containing kenaf as string, paper, textiles and biokomposit;

The Board of Kenaf and tobacco Country 11 "tobacco products" means smoking or cigar or any form of tobacco products including any mixture containing tobacco intended for human use but does not include any medical products controlled under the Poisons Act 1952 [Act 366] or regulations control of drugs and Cosmetics 1984 [P.U. (A) 223/1984];

"kenaf" means Hibiscus cannabinus of Hibiscus tree species or any part thereof, and includes the species hybrids, hybrids as a result of this species or hybrids silangan with any other tree species or hybrids and genetically dijuruterakan versions or hybrids of this species;

"Director General" means the Director General of the Board appointed under section 19;

"Fund" means the Fund Board of Kenaf and tobacco Country established under section 22;

"Ses Fund" means the Fund Ses established under section 26;

"Board" means the Board of Kenaf and tobacco Country established under section 3;

"licence" means a licence issued under section 41;

"the season-closing" means a period closing season, declared under section 80;

"authorized officers" means — (a) an officer of the Board or a public officer authorized under section 54;

(b) a police officer not below the rank of less than the rank of Inspector; or (c) a customs officer as defined under the Customs Act 1967 [Act 235];
12 laws of Malaysia ACT 692 "licensed buyer" means a person licensed under section 39 to buy tobacco to be preserved;

"licensee" means a person licensed under this Act;

"carrier" means any vehicle, vessel, ship, aircraft or any other means of transportation, whether by air, sea or land;

"licensed preservatives" means a person licensed under section 39 to grow tobacco and fixation;

"curing" means a process through it leaves tobacco or other parts of tree tobacco dried for preservation and pematangan, and includes the process of curing heating, air curing, curing and curing of the Sun;

"curing the fire" means a process of curing tobacco has not been preserved, which through it exposed to fire in the air after its barn to let the tobacco smoke hits;

"curing the Sun" means a process of curing tobacco has not been preserved, which through it exposed to full sunshine for the greater part of the curing period;

"preservation heating" means a process through it tobacco has not been preserved, left in air heated by a heat source that can be controlled within a building or part thereof which is built in such a way that wind and moisture cannot enter into it or out of it more than necessary for the success of the process;

"curing the air" means a process of curing tobacco has not been preserved, which through it replaced air under natural air conditions with little or no artificial heat in the ward changed its conditioning largely;

The Board of Kenaf and tobacco Country 13 "Classifier" means a person appointed as a Classifier under section 20 — (a) Act as experts in deciding — (i) grades, standards and quality of locally produced research projects;
(ii) research projects that do not comply with standards and grades, the quality;

(iii) grade, standards and quality of locally produced tobacco; or (iv) tobacco that do not comply with standards and grades, the quality;

(b) Act as an arbitrator in the dispute of kenaf and tobacco marketing;

"Chairman" means the Chairman of the Board and includes any person carrying out the functions of the Chairman and the Chairman are deemed under section 9;

"manufacturer" — (a) in the case of kenaf, means a person who manufacture kenaf and kenaf or products including its subsidiary bodies, which is the manufacturer; or (b) in the case of tobacco, tobacco manufacture means a person up to be suitable for use immediately through hisapan or otherwise and includes its subsidiary body is the manufacturer;

"certificate of authorization" means a certificate of authorization issued under subsection 41 (2);

"premises" means any place either open or closed or whether on land or sea or whether movable or not movable and including any houses, factories, shops, 14 laws of Malaysia ACT 692 transports, stores, room, small farms, estates, small rooms, small barn or stable;

"smoking" means any product which consists wholly or partly of tobacco cut, dicarik or manufactured, or of any issue or replacement of tobacco, which wound up in single or multiple packaging, paper, and which can be used immediately to hippie;

"ses" means the Cess levied under section 27;

"specified date" means the date this Act comes into operation;

"tobacco" means trees species of Nicotiana tabacum or any part thereof, whether in the circumstances have not been preserved, or is preserved, and includes this species hybrids, hybrids as a result of this species or hybrids silangan with any species

other or mixed tree and genetically dijuruterakan versions or hybrids of this species;

"inside a tobacco" means tobacco which has been through any process of curing.

PART II ESTABLISHMENT of the Board and its objectives 3. (1) a body corporate by the name of "Board of Kenaf and tobacco Country" was established.

(2) the Board shall have perpetual succession and a common seal, and may sue and be sued in the name of him.

(3) subject to and for the purposes of this Act, the Board may, on such terms as it thinks fit by the Board — Board of Kenaf and tobacco Country 15 (a) to enter into contracts and joint venture agreement either a commercial or trade;

(b) acquire, purchase, take, hold and enjoy any movable or immovable; and (c) memindahhakkan, assign, surrender, refund, charge, charge the mortgagor, mendemis, lease, assign, the transfer or otherwise dispose of, or deal with, any immovable or movable property or any interest therein vested in the Board.

(4) the objectives of the Board are — (a) to promote and develop kenaf industry;
(b) to develop objectives, policies and priorities of the country for development and administration of kenaf industry proper;

(c) to regulate, control and coordinate all activities relating to the tobacco industry; and (d) to promote and develop other economic activities for people involved in the industry of kenaf and tobacco industry.

(5) the provisions of the Schedule shall apply to the Board.


Functions of the Board 4. Function of the Board is — (a) to implement development policies and programmes to guarantee the viability of the kenaf industry;

(b) to plan, operate, promote, coordinate, implement and monitor all 16 laws of Malaysia ACT 692 research and development activities relating to the production, cultivation, harvesting, extraction, processing, storage, transportation, use and marketing of kenaf and kenaf products;

(c) to register, co-ordinate and promote all activities relating to the cultivation, processing, research, movement, storage, grading, marketing, exportation and importation of kenaf and kenaf products, including to regulate the minimum price in relation to the quality or grade of the specific prices that kenaf can be sold other than for export;

(d) to implement policies for regulating the tobacco industry;

(e) to plan, conduct, coordinate, implement and monitor all research and development activities relating to the production, cultivation, harvesting, extraction, processing, storage, transportation, use and marketing of tobacco and tobacco products;

(f) to regulate, register and coordinate all activities relating to the cultivation, processing, research, movement, storage, grading, marketing, exportation and importation of tobacco and tobacco products, including the minimum price to regulate with respect to quality or grade specified in the price of tobacco can be sold other than for export;

(g) to carry out research and development in such other areas as a result of the research and development aimed at achieving the objectives of the Board;

The Board of Kenaf and tobacco Country 17 (h) to promote, control and monitoring measures towards achieving a high quality of kenaf, kenaf products or tobacco;

(i) to plan and implement training programmes and human resource development in line with industry needs kenaf and tobacco industry;

(j) to consider, promote and take measures to prevent the occurrence and his illness affecting the kenaf and tobacco;

(k) to provide technical services, advice, consultancy and related industries as kenaf and tobacco industry;

(l) to collect, manage and disseminate information and maintain records on all matters relating to kenaf industry and tobacco industry;

(m) to become the resource centre and information about kenaf industry and tobacco industry;

(n) to broadcast or to sponsor the publication of journals, periodic publications, booklets and other publications and to collect, collect the check and disseminate information relating to kenaf and tobacco and other economic activities;

(o) to engage in trading of kenaf, kenaf products, tobacco or tobacco products;

(d) to consider, promote and take measures for developing economic activities for people involved in the industry of kenaf or tobacco industry;

18 laws of Malaysia ACT 692 (q) to communicate and coordinate with State Governments and other bodies in carrying out any activity relating to kenaf industry or the tobacco industry as a personal need to include a member of the Association within or outside Malaysia in the interest of kenaf industry and tobacco industry; and (r) to do such other things as it thinks fit to enable it to perform its functions effectively or incidental to the performance of its functions.


Power Board 5. Power Board including power — (a) to farm activities relating to research and development about the cultivation, production, harvesting, extraction, processing and marketing of — (i) kenaf, kenaf and tobacco products;
(ii) other uses of kenaf, kenaf and tobacco products, and services related thereto and to assign any person or body to carry out the research and development;

(b) to make any negotiations and agreements or arrangements with any person or body as he may deem fit for the fulfilment of its functions;

(c) to acquire, hold, dispose of or provide rights in relation to the results of any research undertaken by or for the Board or in connection with the results of any research undertaken by any person or organization;
The Board of Kenaf and tobacco Country 19 (d) to coordinate any activities that it considers necessary for the purpose of protecting and advancing the interests of kenaf industry and tobacco industry;

(e) to regulate industry kenaf and tobacco industry, including implementation and enforcement

any regulations made under this Act;

(f) to grant a licence, approval, certification and permits under this Act in respect of kenaf industry and tobacco industry;

(g) to prescribe standards or grades of kenaf, kenaf and tobacco, a product of tobacco products;

(h) to promote viable alternative economically for the people involved in the industry of kenaf or tobacco industry;

(i) to provide financial assistance or other assistance, with the approval of the Minister, to the people involved in the industry of kenaf or tobacco industry;

(j) to impose fees or any other charges that may think fit for the use of any facilities relating to research, testing, advice or any other services provided by the Board;

(k) to collect and receive any money in connection with its trading activities and the use of its facilities and in consideration of other services provided by the Board;

(l) to award the certificate of skills in respect of training programmes and accredited;

(m) making a contribution to organizations that the Board is its members or to any organization relating to kenaf industry 20 laws of Malaysia ACT 692 and tobacco industry as determined by the Minister; and (n) to do all things expedient or necessary for or incidental to the performance of its functions under this Act.


Membership of the Board 6. The Board shall consist of the following members: (a) a Chairman who shall be appointed by the Minister;
(b) the Secretary-General of the Ministry responsible for industry kenaf and tobacco industry;

(c) the Secretary-General of the Ministry responsible for agriculture;

(d) the Secretary General of Treasury;
(e) the Secretary General of the Ministry of rural development and regional development;

(f) the Secretary General of the Ministry of international trade and industry;

(g) the Secretary General of the Ministry of health;
(h) the Director-General; and (i) six persons who shall be appointed by the Minister who, in the opinion of the Minister, have experience and showed ability and professionalism in matters relating to kenaf industry and tobacco industry, from whom there shall be — (i) a representative of the tobacco manufacturers;
The Board of Kenaf and tobacco Country 21 (ii) one representative of licensed preservatives; and (iii) a representative of the kenaf industry.

The term of Office 7. (1) subject to any conditions specified in the instrument of appointment, a member of the Board appointed under paragraph 6 (a) (i) shall, unless he first put or clear his Office or his appointment is sooner revoked, hold office for a period not exceeding two years.

(2) a member of the Board appointed under paragraph 6 (a) (i) shall be eligible for re-election but no Member may hold the post for a period of more than two terms, whether continuously or otherwise.


Alternate member 8. (1) the Minister may, in respect of each member appointed under paragraph 6 (b) to (g), appoint one to become an alternate member in lieu of the Member to attend meetings of the Board or of any Committee established by the Board if the Member is for any reason unable to attend.

(2) when attending meetings of the Board or any Committee established by the Board, an alternate member shall for all purposes be deemed to be members of the Board.

(3) an alternate member shall, unless he sooner resigns as a member or his appointment is sooner revoked, cease to be an alternate member when the Member in respect of which he is an alternate member cease to be a member of the Board.

22 laws of Malaysia ACT 692 temporary exercise of functions of the Chairman 9. (1) where the Chairman or the Chairman there to work in Malaysia or the Chairman, for any other reason, cannot carry out the duties of his Office, a member appointed under paragraph 6 (b) shall be temporarily act as Chairman, and if the Member for any reason is unable to act under this subsection, a member appointed under paragraph 6 (c) shall act as Chairman.

(2) a member which acts as the Chairman under subsection (1) shall be deemed to be the Chairman.


Revocation of appointment and resignation of 10. (1) the appointment of any member appointed under paragraph 6 (a) and (i) may at any time be revoked by the Minister without assigning any reason for the revocation.

(2) a member may at any time resign his Office by a written notice addressed to the Minister.


Vacation of Office and filling casual vacancies 11. (1) the Office of a member appointed under paragraph 6 (a) (i) shall be emptied if — (a) he dies;
(b) has been proved against him, or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption; or the Board of Kenaf and Tobacco Country 23 (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to or in lieu of a fine) for a term exceeding two years;

(c) he becomes bankrupt;
(d) he is not of unsound mind or otherwise unable to meet its obligations;

(e) he fails to attend three consecutive meetings of the Board without the permission of the Chairman or, in the case of the Chairman without the consent of the Minister;

(f) the resignation is received by the Minister; or (g) his appointment is revoked by the Minister.
(2) If a member appointed under paragraph 6 (a) or (i) cease to be a member of the Board, the Minister may appoint another person to fill the vacancy for the remaining period of the Member who vacated the position appointed in accordance with the provisions of the case.


Protection against legal and legal proceedings 12. No action can be taken or prosecution can be brought, instituted or maintained in any court against — (a) the Board;
(b) any member of the Board, any member of a Committee or any of its servants or agents of the Board; or


(c) any other person to act legally on behalf of the Board, Director General, Deputy Directors, officers or servants of the Board, 24 laws of Malaysia ACT 692 in respect of any act or omission done or omitted by him in good faith on such properties.


Public authorities Protection Act 1948 13. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding of the Board or of any Member, any member of a Committee, or any of its officers, servants or agents of the Board, in respect of any act, default, neglect or omission or done by him on such properties.


Public servants 14. Every Member of the Board, or any member of a Committee, or any of its officers, servants or agents of the Board, while on its duties under this act as members, officers, servants or agents, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].


Power of Minister to give directions 15. (1) the Board shall be responsible to the Minister.

(2) the Minister may give the Board directions of a General in accordance with the provisions of this Act in respect of the implementation of its functions and the exercise of the powers of the Board.

(3) the Board shall perform all instructions given under this section as soon as possible.




The Board of Kenaf and tobacco Country 25 statement, report, account and information 16. (1) the Board shall give to the Minister, and any other public authorities as determined by the Minister, any statements, reports, accounts and information relating to the property and its activities as required or directed by the Minister from time to time.

(2) statement of account, reports, and information shall be in such form and shall contain any information relating to the proceedings and the Board policy as determined by the Minister.


Delegation of functions and powers of the Board 17. (1) the Board may, subject to subsection (2) and any conditions, limitations or restrictions as it thinks fit to impose, delegate in writing any of its functions or powers, except the power to borrow money, providing loans, set up the company or make regulations, to — (a) any Member;
(b) any Committee established by the Board; or (c) any officers or servants of the Board, and any function or power delegated such can be implemented or carried out by the members, officers or servants, as the case may be, in the name and on behalf of the Board.

(2) any person delegated with such functions and powers shall be bound to observe and note are all conditions, limitations or restrictions imposed by the Board.

26 laws of Malaysia ACT 692 (3) the Board may delegate to the Director-General — (a) the power to give loans and make advances to officers and servants of the Board under section 21; and (b) the authority to authorize expenditures from the Fund or any other vested in or under the control of the Board to the extent determined by the Board.

(4) a delegation under this section does not preclude the Board from discharging its own or carry out at any time any power or function so delegated.


The Board may establish committees 18. (1) the Board may establish such committees as it may deem necessary or expedient to assist it in the performance of its functions under this Act.

(2) the Board may elect any of its members or any other person to be the Chairman of a Committee established under subsection (1).

(3) the Board may appoint any person to be a member of a Committee.

(4) a Committee may regulate its own procedure and, in the exercise of its powers under this subsection, the Committee shall be subject to and act in accordance with any instructions given to the Committee by the Board.

(5) a meeting of a Committee established under this section shall be held at any time and where any place as shall be determined by the Chairman of the Committee.
The Board of Kenaf and Tobacco Country 27 (6) a Committee may invite any person who is not a member of the Committee to attend any meeting of the Committee for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.

(7) a member of a Committee or any person invited under subsection (6) to attend any meeting of a Committee may be paid such allowances and other expenses as determined by the Board.

(8) a member of the Committee shall hold office for such period as may be specified in the instrument of appointment and shall be eligible for re-election.

(9) the appointment of any member of a Committee may at any time be revoked by the Board without giving any reason for the revocation.

(10) a member of the Committee may at any time resign his Office by a written notice addressed to the Chairman of the Board.

PART III GENERAL DIRECTOR, officers and SERVANTS of the BOARD powers and duties of Director General 19. (1) the Minister shall appoint a Director General and such number of Deputy Director on such terms and conditions as the Minister may determine.

(2) the Board shall vesting at the Director General such powers and shall impose upon them such duties as may be determined by the Board.

(3) the Director General shall be bertangggungjawab for — 28 laws of Malaysia ACT 692 (a) travel, administration and general management functions, activities and daily affairs of the Board;

(b) the provision of — (i) all programmes, schemes, projects and activities;
(ii) the estimated expenses for the implementation of the annual programme; and (iii) estimates of income, for the approval of the Board;

(c) the implementation of the annual programme of the Board; and (d) implementation of the decisions and instructions of the Board.
(4) the Director General shall perform such additional duties as may be directed by the Board from time to time.


(5) in fulfilling its duties, the Director-General shall act under the authority and the General instructions of the Board.

(6) the Deputy Directors General shall be subject to the direction and control of the Director General and may perform all the duties of the Director General under this Act.

(7) if the Director General is not available temporarily in Malaysia or temporarily incapacitated due to illness or for any other reason to perform his duties, or if the Director General was empty at the time, the Minister may direct any Deputy Director-General to attend any meeting of the Board.





The Board of Kenaf and tobacco Country 29 Intake services officers and other servants 20. (1) subject to any regulations made under subsection (4), the Board may employ such number of officials and other servants included Classifier as may be deemed necessary by the Board and upon such terms and conditions as the Board considers appropriate.

(2) the Director General shall have general control over the officers and servants of the Board.

(3) No person shall be eligible to take service as officers or servants of the Board if he has, directly or indirectly, by itself or through a partner, any share or interest in any contract or proposed contract with, for or on behalf of the Board.

(4) the Board may, with the approval of the Minister, make regulations with respect to the conditions of service of officers and pekhidmatnya.

(5) the Board may adopt any modifications it sees fit any regulations, rules, policies, circular or instructions made or issued by the Federal Government in connection with any matter under this part.


Loans, scholarships and advances to officers and servants 21. (1) the Board may provide loans, scholarships and pendahulan officers and pekhidmatnya for any purpose and upon such terms and conditions as may be determined by the Board.

(2) the Board may provide loans or grants to higher education institutions in or outside Malaysia for the purpose 30 laws of Malaysia ACT 692 human resource development in the industry of kenaf and tobacco industry PART IV FINANCIAL Fund 22. (1) for the purposes of this Act a fund known as the "Fund Board of Kenaf and tobacco Country" was established.

(2) the Fund shall be controlled, maintained and operated by the Board.

(3) the Fund shall consist of — (a) any sum of money allocated by Parliament for the purposes of this Act, from time to time;

(b) money acquired by way of handling any project, scheme or Enterprise financed out of the Fund;

(c) moneys derived or obtained from any property, investment, mortgage, lease, rental, charges or debentures acquired by or vested in the Board;

(d) any property, investment, mortgage, lease, rental, charges or debentures acquired by or vested in the Board;

(e) the amount of money borrowed by the Board for the purpose of fulfilling any of its obligations or perform any of its obligations;

The Board of Kenaf and tobacco Country 31 (f) money derived from the consultancy services and advice and any other services provided by the Board;

(g) money collected or paid under section 84;
(h) money collected by the Board under regulations made under this Act and specified it as money payable into the Fund;

(i) donations or contributions received from any organization in or outside Malaysia;

(j) all sums of money or other property which can in any way be payable to or vested in the Board in respect of any matter incidental to the functions and powers; and (k) all other moneys lawfully received by the Board.

Expenses shall be charged on the Fund 23. The Fund shall be expended for the purpose of — (a) to pay any expenses lawfully incurred by the Board, including — (i) remuneration of officers and servants of the Board, including lending, retirement allowance, pension or gratuity;

(ii) insurance coverage for officers and servants of the Board;

(iii) costs incurred in providing assistance for the welfare of officials and servants of the Board;

32 laws of Malaysia ACT 692 (iv) received allowances for employees and members of the Committee established under section 18; and (v) the fees and legal costs and any fees and other costs;
(b) the financing of research and development activities;
(c) contribute to organizations, whether within or outside Malaysia, which the Board is its members or to any organization related to industry kenaf and tobacco industry as determined by the Minister;

(d) provide financial assistance to growers kenaf or preservatives licensed with the approval of the Minister after consultation with the Minister of finance;

(e) provide loans, grants, scholarships or advance, as the case may be, to any person, officers and servants of the Board or to the institution of higher learning in or outside Malaysia;

(f) to grant loans or provide capital for companies established by the Board under this Act;

(g) pay any expenses, costs or other expenses incurred or received properly by the Board in the performance of its functions or the exercise of its powers under this Act;

(h) subject to the approval of the Minister, make a donation to any organization, whether within or outside of Malaysia, for the purpose of encouraging the marketing of kenaf and kenaf products;

(i) purchase or rent equipment, machinery and any other materials, acquire lands and erect buildings, as well as carry out any work and another enterprise Board of Kenaf and tobacco Country 33 in the performance of its functions or the exercise of its powers under this Act;

(j) to repay any money borrowed under this Act and the interest to be paid on the money;

(k) pay any remuneration under section 87; and (l) generally, pay for any expenses for carrying out the provisions of this Act.


Preservation of the Fund 24. Be the duty of the Board to conserve the Fund with the performance of its functions and exercise of its powers in

under this Act so as to ensure that the total income of the Board sufficient to meet all sums properly chargeable on account of its income, including depreciation and interest on capital, from year to year.


Reserve Fund 25. The Board shall establish and maintain a reserve fund in the Fund.


Ses Fund 26. (1) a fund Ses to be administered and controlled by the Board was established.

(2) the Fund shall consist of all Ses ses collected under this Act.

(3) the Fund shall be used for the purpose of Cess is the following: 34 laws of Malaysia ACT 692 (a) to provide technical and financial assistance to assist tobacco growers and workers, including those that cause its income affected by tobacco control programme;

(b) to finance research and development of tobacco; and (c) to cover any activity relating to tobacco control.


Cess on tobacco and tobacco products 27. (1) the Minister may, after consultation with the Minister of finance, made an order for the imposition, alteration or cancellation of a Cess on tobacco and tobacco products manufactured in or imported to Malaysia and such order may specify the type, amount and rate of ses, the person or class of persons thereon the Cess levied and the way the Cess collection.

(2) the Cess levied by the order shall, for the purposes of collection and for the enforcement of collectibility, be paid into and form part of the funds of the Ses.

(3) an order made under this section may prescribe the amount, rate and way different collection for different types of tobacco and tobacco products in respect of different persons or class of persons.

(4) a person who fails or refuses to pay any Cess levied under this section commits an offence and shall on conviction, liable to a fine not exceeding ten times the amount of Cess payable or to imprisonment for a term not exceeding three years or to both.

(5) the amount of any ses imposed under this section shall be a debt due to the Board from people that Cess thereon is applicable and obtainable Board of Kenaf and Tobacco legal for 35 Countries and be obtained in any court on the legal practice Board.

(6) the carriage of proceedings under this section shall not relieve any person from liability for payment of any ses for which he is or may become liable or from liability to make any statement required to be made by him by this Act.


Expenditure and preparation of the estimated 28. (1) the expenditure of the Board to the extent of any amount allowed by the Minister for any one year shall be paid out of the Fund.

(2) before the first day of June of each year, the Board shall submit to the Minister an estimate of expenses (including expenses for research and development activities) for the following year in such form and containing such particulars as may be directed by the Minister.

(3) the Minister shall, before the first day of January of the next year, told the Board about the amount authorised for expenditure generally or about the amount authorised for expenditure on the basis of an estimate of each description provided under subsection (2).

(4) the Board may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure is included in the supplementary estimates.






36 laws of Malaysia ACT 692 29 financial year. The financial year of the Board shall commence on the first day of January and ends on the thirty-day per month of December every year.


30 bank accounts. The Board shall open and maintain an account or accounts with any bank in Malaysia as it deems fit by the Board, and every account must be handled to the extent feasible by cheque signed by any person authorized by the Board for that purpose from time to time.


Act statutory bodies (accounts and annual reports) 1980 31. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Board.

Part V OTHER POWERS of the BOARD the power to borrow 32. The Board may, with the approval of the Minister and the Minister of finance, borrow, at such rate of interest and for such period and upon such terms about the time and manner of repayment and otherwise as may be approved by the Minister and the Minister of finance, any sums required by the Board to meet its obligations or discharging any of its duties.




The Board of Kenaf and tobacco Country Investment 37 33. Money the Board shall, as far as not required to be expended by the Board under this Act, be invested in any manner approved by the Minister and the Minister of finance.


Commercialization of research findings 34. The Board may make available any research findings that are vested in the Board to any person or body, subject to such conditions and the payment of any fees, royalties or other consideration, if any, as determined by the Board with the approval of the Minister for the purpose of commercialization.


Power to employ agents, etc.

35. The Board may employ, appoint and pay agents, contractors and technical advisers, including advocates and solicitors, bankers, stock brokers, surveyors, valuers and others, to conduct any business or do any act required to be performed or done in the performance of its functions, the exercise of its powers or the performance of its obligations or to carry out the purposes of this act better.


Financial assistance to companies established by the Board, etc.

36. for the purposes of this Act, the Board may, with the approval of the Minister and the Minister of finance, giving financial assistance — (a) to any company incorporated under section 37;

(b) to any of the people involved in the industry of kenaf or tobacco industry, 38 laws of Malaysia ACT 692 with or without interest and for such period and upon such terms about the time and manner of repayment and otherwise.



The power to establish the company's 37. The Board may establish or enlarge or encouraging the establishment or enlargement of the company under the companies Act 1965 [Act 125] — (a) to exercise any of the functions or exercise any of its powers; or (b) to carry out and maintain, organize and manage any activities planned or undertaken by the Board in the performance of its functions or exercise of its powers.

PART VI regulatory LICENSING kenaf and tobacco industry 38. Kenaf industry and tobacco industry Malaysia shall be regulated in accordance with the provisions of this Act.


Licensing, approval and certification 39 permission. (1) No person shall — (a) buy kenaf;
(b) sell kenaf products;
(c) kenaf processing;
The Board of Kenaf and tobacco Country 39 (d) manufacture kenaf or kenaf products;
(e) import and export of kenaf or kenaf products;
(f) tobacco fixation;
(g) purchase tobacco to be preserved;
(h) manufacture of tobacco or tobacco products;
(i) the tobacco mix; or (j) distribute tobacco or tobacco products, without a valid license issued under this Act.

(2) No person shall sell or purchase tobacco has not been preserved, unless he has obtained a written approval from the Board.

(3) No person shall act for or on behalf of a licensee in respect of any activity specified in subsection (1) without a certificate of authorization issued by the Director General.

(4) no license is required to be issued under this Act for the manufacture of tobacco products or kenaf products if a license manufacture has been issued under the industrial coordination Act 1975 [Act 156].

(5) any person who contravenes subsection (1) or (3) commits an offence and shall on conviction liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(6) any person who contravenes subsection (2) commits an offence and shall on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

40 laws of Malaysia ACT 692 Application for license, approval and certification authorization 40. (1) an application for a licence, approval or certificate of authorization must be made in writing to the Board in the prescribed manner.

(2) every application under subsection (1) shall be accompanied by any document or information that may be prescribed.

(3) the Board may in writing at any time after the application is received and before it was decided, require the applicant to provide any document or additional information within a period of time or over a period of extension as determined by the Board.

(4) If the requirements under subsection (1), (2) or (3) are not complied with, the application for a licence, approval or certificate of authorization shall be deemed to have been withdrawn by the applicant and should not be continued by the Board, but without prejudice to a new application made by the applicant.

(5) any person applying to be licensed must meet the following requirements: (a) that he has the financial ability to the satisfaction of the Board;

(b) that he has the qualifications or skills that need as determined by the Board;

(c) that he has or will have the facilities and equipment necessary for kenaf industry or tobacco industry that he will engage them the satisfaction of the Board;

(d) that there is sufficient demand for kenaf, kenaf products, tobacco or tobacco products in the long run;

The Board of Kenaf and tobacco Country 41 (e) that the applicant's licensing or issuance of the certificate of authorization will not harm the industry's research projects or existing tobacco industry, by giving special attention to the number of licensee or holder of a certificate of authorization and to have the rarity of resources relating to the production of kenaf or tobacco; and (f) that any factors or other related requirements as he thinks fit by the Board has considered or have been met.


Licensing, approval and certification authorization 41. (1) when consideration was given to an application made pursuant to section 40, the Board may approve or reject the application.

(2) where an application for a licence or certificate of authorization is approved, the licence or certificate shall be issued when the prescribed fee paid.

(3) a licence, approval or certificate of authorization may be issued subject to such conditions, limitations or restrictions imposed by the Board thinks fit.

(4) the Board may from time to time amend, change or revoke any conditions, limitations or restrictions imposed on the licence or certificate of authorization or may impose conditions, limitations or restrictions which new or additional after giving the licensee or the holder of the certificate, as the case may be, notice and a reasonable opportunity to make representations within the time specified in the notice and after consider the representation.





42 laws of Malaysia ACT 692 Express 42. The Board shall keep and maintain or cause to be kept and maintained a register of persons licensed under this Act in such manner as may be prescribed by the Board.


Duration and renewal of a license or certificate of permission of 43. (1) a licence other than a licence to manufacture, or certificate of authorization shall, unless cancelled in advance, valid for a period not exceeding three years, or such period as the Minister thinks fit.

(2) an application for renewal of a license or certificate of authorization shall be made by the licensee or the holder of the certificate at least two months before the expiration date of the licence or certificate.

(3) any application for renewal of a licence or certificate of authorization is not made within the time prescribed in subsection (2) but made before the date of expiry of the licence or certificate of such permission shall be subject to a penalty fee as determined by the Board.

(4) no application for renewal of a licence or certificate of authorization may be considered if the application is made after the date of expiry of the licence or certificate.


(5) the Board may renew a licence or authorization certificate if the holder of a licence or the holder of the certificate has complied with all conditions, limitations or restrictions imposed under subsection 41 (3).

(6) where an application for renewal of a licence or certificate of authorization is approved, the licence or certificate of such permission shall be issued on payment of the prescribed fee.

The Board of National Kenaf and Tobacco Licence must be displayed 44 43. (1) a licensee shall display his/her license at all times in a conspicuous place at the premises of the arrangement.

(2) a licensee who does not exhibit his/her license as required under subsection (1) commits an offence and shall on conviction liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.


License transfers 45. (1) a licence shall not be dipindahmilikkan to any person without the prior written approval of the Board.

(2) a licence can only be dipindahmilikkan to someone who meets the requirements of subsection 40 (5).

(3) subject to subsection (2), the Board may approve the transfer of a licence under the following circumstances: (a) where the holder of such licence to be of unsound mind;
(b) if the licence holder has been sentenced as bankrupt;
(c) if the licensee dies;
(d) if the licensee is a company, the company is being wound up;

(e) if the licensee is a partnership, the partnership is dissolved; or (f) if the Board characterized fit or expedient to do so.

44 the laws of Malaysia ACT 692 (4) a licensee who contravenes subsection (1) commits an offence and shall on conviction liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.


No assignment of the licence or certificate of permission of 46. (1) a licensee or holder of a certificate of authorization may not assign any rights, duties, liabilities or obligations under the licence or certificate for the truth to someone else.

(2) a licensee or holder of a certificate of authorization in violation of subsection (1) commits an offence and shall on conviction liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.


Cancellation or suspension of a license or certificate of authorization 47. (1) the Board may revoke or suspend a licence or certificate of authorization if the Board is satisfied that — (a) any provision of this Act or any other written law or any conditions, limitations or restrictions of the licence or certificate of authorization is not complied with;

(b) the issuance of a license or certificate of authorization has been fueled by false representation of fact by or on behalf of the licensee;

(c) the purpose of the original licence or certificate of authorization is issued no longer exist; or (d) the licensee has ceased carrying on or conducting any activity for which the licence or certificate of authorization is issued.
The Board of Kenaf and tobacco Country 45 (2) Notwithstanding subsection (1), the Board may not cancel or suspend a licence or certificate of authorization on the ground referred to in subsection (1) unless the Board is satisfied, after giving the licensee or holder of a certificate of authorization is an opportunity to make any representations in writing that he pleases to pick from, that license or certificate of the truth should be revoked or suspended.

(3) where a licence or certificate of authorization has been revoked, suspended or not renewed, it shall not have effect from the date of cancellation or over the period of the suspension or from the date of expiry of the licence, as the case may be.

(4) any person who carries on any activity during the license or certificate of the truth has been cancelled or suspended or not renewed commits an offence and shall on conviction liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(5) any person whose license or certificate of the truth has been cancelled or not renewed shall surrender the licence or certificate of veracity to the Board, within such period as may be determined by the Board.

(6) any person who contravenes subsection (5) commits an offence.


The appeal of 48. (1) any person aggrieved — (a) by the refusal of the Board to issue a licence, approval or certificate of authorization, as the case may be;

46 laws of Malaysia ACT 692 (b) with the Board's refusal to renew a licence or certificate of authorization; or (c) the cancellation or suspension of a license or certificate of the truth, as the case may be, may, within thirty days after being advised in writing of the refusal, cancellation or suspension, appeal in writing against such decision to the Minister.

(2) the Minister may, after considering an appeal made under subsection (1), confirm, set aside or vary the decision of the dirayukan, and the decision of the Minister shall be final.

(3) an appeal made under subsection (1) shall not be operate as a stay of the decision of the Board.


Purchase tobacco control inside a 49. (1) No licensed buyers can buy tobacco be preserved unless a licensed buyer of preservatives or other licensed.

(2) any person who contravenes subsection (1) commits an offence and shall on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.


Control of sale of tobacco inside a 50. (1) No person shall sell tobacco to be preserved unless he is licensed or licensed buyers preservatives.

(2) No licensed or licensed buyers preservatives can sell tobacco to be preserved unless it is licensed to the purchaser.
The Board of Kenaf and tobacco Country 47 (3) any person who contravenes subsection (1) or (2) commits an offence and shall on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.


Storage and possession of tobacco control be preserved


51. (1) No person shall keep or have in his possession any tobacco be preserved unless he has obtained permission from the Board.

(2) any person who contravenes subsection (1) commits an offence and shall on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.


Control the movement of tobacco be preserved 52. (1) No person shall move, carry, transport or participate in the transfer, carriage or transport tobacco be preserved unless he has the approval in writing of the Board.

(2) any person who contravenes subsection (1) commits an offence and shall on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.


General penalty 53. (1) any person guilty of an offence under this Act for which no penalty expressly provided can on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or both of each.

48 laws of Malaysia ACT 692 (2) for the purposes of this section, "this Act" does not include any regulations made under this Act.

PART VII POWERS RELATING to enforcement, SEIZURE, etc.

Authorization to 54. The Director-General may in writing authorize any officer of the Board or a public officer to exercise the powers of enforcement under this Act.


Power of investigation of 55. (1) an authorized officer shall have all the powers necessary to carry out an investigation under this Act.

(2) for the purposes of subsection (1), criminal procedure code [Act 593] shall apply and an officer authorized shall have all the powers provided for under the Code.


Card power 56. (1) the Director General shall issue to each officer authorized under section 54 a power card, which shall be signed by the Director General.

(2) where such an officer exercising any power under this Act, he shall, when requested, submit to the person against whom that power is in progress, the power card issued to him under subsection (1).


The Board of Kenaf and tobacco Country 49 Power capture 57. (1) an authorized officer may arrest without warrant any person — (a) who is found committing, attempting to commit or aiding and abetting in the Commission of an offence under this Act; or (b) the authorized officer reasonably mengesyakinya involved in committing, attempting to commit or aiding and abetting in the Commission of an offence under this Act.

(2) an authorized officer who made the arrest under subsection (1) shall, without unnecessary delay is not necessary, bring the person arrested to the nearest police station, and thereupon such person shall be dealt with according to the law relating to criminal procedure currently in force.


Search and seizure warrants with 58. (1) if it appears on a person's Magistrate, based on information given in writing and after such inquiry as may be deemed necessary by the Magistrate, that there is reasonable cause to believe that — (a) any premises have been used or will be used for; or (b) there is in any premises evidence necessary to conduct investigations of, the Commission of an offence under this Act or any rules or regulations, the Magistrate may issue a warrant empowering any authorized officer who named it, at any reasonable time at 50 laws of Malaysia ACT 692 time day or night and with or without the help of , to the premise and enters if necessary using force.

(2) a warrant issued under subsection (1) may authorize an officer authorised to — (a) search the premises for, and to seize or transfer from the premises any kenaf, kenaf products, tobacco, tobacco products, transport, machinery, tools, equipment, books, records, documents or other things that are believed to be reliably able to give evidence of the Commission of the offence;

(b) take samples of any of kenaf, kenaf, tobacco products, tobacco product or thing found in the premises for the purpose of ascertaining, by testing or otherwise, whether it was committed; and (c) make copies of or take extracts from any books, records, documents or other things found in the premises.

(3) an authorized officer who enters any premises under this section may bring with him any other person and equipment as it deems necessary.

(4) an authorized officer may, in the execution of its powers under this section, if required to do so — (a) break open any door or gate in the premises or any fences, blockades, gates or other obstruction to the premises, to enter into the premises;

(b) transfer with violence any obstruction to the entry, search, seizure or removal which he is empowered to implement them under this section; or the Board of Kenaf and Tobacco Country 51 (c) detain any person found in such premises until the search is completed.

(5) where, by reason of the nature, size or the lesser amount, transfer any of kenaf, kenaf products, tobacco, tobacco products, transport, machinery, tools, equipment, books, records, documents or other thing seized under this section shall not be implemented, of authorized officers shall, in any way, prevent kenaf, kenaf products, tobacco, tobacco products, transport, machinery, tools, equipment, books, records, documents or other things that in premises or container in which it was found.

(6) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (5) or transfer kenaf, kenaf products, tobacco, tobacco products, transport, machinery, tools, equipment, books, records, documents or other things the dilak or try to do so commits an offence and shall on conviction liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Search and seizure without a warrant


59. If any person authorized officer has reasonable cause to believe that any of the kenaf, kenaf products, tobacco, tobacco products, transport, machinery, tools, equipment, books, records, documents or other things in respect of which an offence under this Act or the rules or regulations have been committed may be found in or on any premises, person, vehicle, vessel or carrier and that by reason of delay in obtaining a warrant under section 58 the purpose of such a search will be affected , he may, without a warrant, with such assistance and such force as may be necessary — (a) enter and search the premises;
52 laws of Malaysia ACT 692 (b) detain and search any person, vehicle, vessel or carrier;

(c) examine any kenaf, kenaf products, tobacco, tobacco products, transport, machinery, tools, equipment, books, records, documents or other things as he may deem necessary;

(d) verify the accuracy of the records, statements or any other information provided to an officer authorized or to the Board;

(e) collect samples any kenaf, kenaf products, tobacco or tobacco products; or (f) seize any kenaf, kenaf products, tobacco, tobacco products, transport, machinery, tools, equipment, books, records, documents or other things found and may be evidence of the Commission of the offence.


Examination of the 60. No person shall be searched except by another person of the same sex, and such inspection shall be carried out taking into account the strictly be modesty.


Access to computerized data 61. (1) any authorized officers carrying out a search under this Act shall be given access to computerised data, whether stored in a computer or otherwise.

(2) for the purposes of this section, access shall be provided with a password, encryption, encrypting code code, software or hardware to be and any other means necessary to enable computerized data is understandable.
The Board of Kenaf and tobacco Country 53 Seizure thing, etc.

62. any kenaf, kenaf products, tobacco, tobacco products, transport, machinery, tools, equipment, books, records, documents or other things suspected reliably by an officer authorised has been used or will be used in the Commission of any offence under this Act may be seized and detained by an officer duly authorised.


The power to stop, search and seize 63 carrier. (1) If an authorized officer has reasonable cause to suspect that any carrier is bringing any kenaf, kenaf products, tobacco, tobacco products, machinery, tools, equipment, books, records, documents or any other thing in respect of which an offence under this Act is being or has been committed, he may stop and inspect the carrier and may, if during the examination that she had reasonable cause to believe that the carriers used or having been used for the Commission of the offence the carrier and, seize any kenaf, kenaf products, tobacco, tobacco products, machinery, tools, equipment, books, records, documents or other things found in the trusted carrier reliably able to give evidence of the Commission of the offence.

(2) a person who has control of or responsible for the carrier shall, if required to do so by authorized officers — (a) discontinue the carrier and allow authorized officers to inspect the carrier; and (b) open all parts of the carrier for inspection and take all necessary steps to enable or facilitate the exercise of such examination as may be deemed necessary by the authorised officer.
54 laws of Malaysia ACT 692 (3) any person who contravenes subsection (2) commits an offence and shall on conviction liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


List of things seized 64. (1) where any seizure made under this section, authorized officers making the seizure shall provide a list of kenaf, kenaf products, tobacco, tobacco products, transport, machinery, tools, equipment, books, records, documents or other things seized and about the premises in which it is found and shall sign the list.

(2) the list provided in accordance with subsection (1) shall be submitted immediately to — (a) the occupier of the premises free kenaf, kenaf products, tobacco, tobacco products, transport, machinery, tools, equipment, books, records, documents or other things that could be found; and (b) the person who has control or be responsible for the carrier, if seizure is made under section 63.

(3) where seizure is made in or from any premises not occupied, the authorized officer shall where possible paste a list of items seized in a way easier to view the premises.


Temporary return of carrier, etc.

65. (1) If any carrier, machinery, apparatus or equipment seized under this Act, the Director-General may temporarily return transport, machinery, apparatus or equipment to the owner of the carrier, the machinery, equipment or Kenaf and tobacco Board 55 Countries the equipment or person from possession, custody or control it seized, subject to any terms and conditions imposed by the Director General , and subject, in any case, to guarantee adequate given until the satisfaction of the Director-General that the carrier, the machinery, equipment or fittings shall be surrendered to the Director General's request and that the terms and conditions, if any, shall be complied with.

(2) if any carrier, machinery, apparatus or equipment seized temporarily returned under subsection (1), a person who — (a) not surrender the carrier, the machinery, equipment or fittings thereof to the Director General when requested; or (b) contravenes any term or condition imposed under subsection (1), commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.



The power to require the attendance of the person who knew the case of 66. (1) authorized officers making an investigation under this Act may, by order in writing, require any person who in the opinion of the authorized officer to know the facts and circumstances of the case so as to appear before it, and such person shall attend as required.

(2) if any person refuses to attend as required by an order made under subsection (1), the authorized officers can report the refusal to the Magistrate who shall issue a warrant to secure the attendance of such person as required by the order.

56 laws of Malaysia ACT 692 (3) any person who is required to appear before the authorized officer under subsection (1) or (2) may be paid such allowance as may be prescribed by the Minister.


Inspection on the person who knew the case of 67. (1) an authorized officer making an investigation under this Act may examine orally any person who expected to find out the facts and circumstances of the case.

(2) such person shall be bound to answer all questions relating to the case submitted to it by the authorized officers, but he can refuse to answer any question that the answer may disclose it to a criminal charge or penalty or forfeiture.

(3) a person who makes a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly to answer that question.

(4) authorized officers that examine a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).

(5) a statement made by any person under this section shall, where possible, reduced to writing and signed the person making it or affixed with cap head jarinya, as the case may be, after — (a) the statement was read out to him in the language of the statement made by him; and (b) he was given the opportunity to make any corrections he wanted.



The Board of Kenaf and tobacco Country statement in evidence Admissibility 57 68. (1) in any trial or investigation by a Court of an offence under this Act, any statement, whether the statement is about addressing to confessions or not, orally or in writing, made at any time, whether before or after the person charged and whether the current investigation under this Act or not and whether or not as a whole or in part at answering the questions , by an accused person to be heard by someone or by authorized officers and whether or not translated to him by any other authorized officers or any other person, whether or not involved in the arrest of that person, shall, notwithstanding any law or pillars of law to the contrary, admissible in evidence in the trial of the person and If the person submitting himself as a witness, any such statement can be used in cross-examination and for the purpose of challenging credibility.

(2) no statement made under subsection (1) may be admitted or used as provided in that subsection if the making of the statement turned out to be on the Court has been caused by any inducement, threat or promise relating to the charge against the person that comes from people in authority and sufficient in the opinion of the Court to give that person a reason in its opinion reasonable to expect that by making the statement he will get any interest or avoid any comes to mundane relating to proceedings against him that.

(3) if any person arrested or informed that he may be prosecuted for any offence under this Act, shall be conveyed to it by the authorized officer a written notice, which shall be explained to him, which means as follows: "you have been arrested/given that you might be prosecuted on..................... (offences that may be committed under this Act). Do you want to say anything? If the 58 laws of Malaysia ACT 692 There is any facts you want to use in the defense of you in court, you are advised that it is now. If you don't mention it until you go to court, the possibility of description you will be less reliable and this may bring about adverse effects on the case you generally. If you want to specify any fact now, and you want it written, this will be done. ".

(4) Notwithstanding subsection (3), any statement by any person accused of committing any offence under this Act made before there is time to serve notice under that subsection shall not be admissible in evidence merely by reason of the absence of such notice to be served on him if the notice communicated to him as soon as reasonably possible thereafter.

(5) no statement made by an accused person in answering a written notice delivered to him pursuant to subsection (3) shall be construed as a statement that is caused by any inducement, threat or promise as described in subsection (2), if the statement was made otherwise voluntary.

(6) where in any criminal proceedings against a person for an offence under this Act, evidence is given that the accused, when informed that he may be prosecuted for offences that, failed to state the fact, that the facts in the case of the circumstances prevailing at that time could have reasonably expected that he will mention it when informed of such, of the Court, in determining whether the prosecution has already proved prima facie case against the accused and in determining whether the accused is guilty of the offence charged with , can make any inference from the failure that in its opinion ought to; and failure could be based on inference that, calculated as, or as a can is about addressing to, support of any evidence against the accused related to it that failure is a matter of material.


The Board of Kenaf and tobacco Country 59 (7) no nothing in subsection (6) may be in any criminal proceedings — (a) prejudice the admissibility as evidence of silence or any other reactions of the accused at the time anything is said to be in his presence in relation to conduct in respect of which he is charged, to the extent that such evidence would be admissible apart from that subsection; or (b) is calculated as preventing made any inference from any silence or other reactions of the accused which can be made apart from that subsection.


Sale and disposal of kenaf or tobacco, etc., seized 69. (1) the Director General may at any time direct that any kenaf, kenaf products, tobacco or tobacco products seized under this Act the disposal proceeds sale and held pending the results of any prosecution under this Act if — (a) kenaf, kenaf products, tobacco or tobacco products that are from the simple type or simple deteriorate its quality perish;

(b) care of kenaf, kenaf products, tobacco or tobacco products involving expenses and unreasonable hardship; or (c) there is a lack or absence of adequate or appropriate facilities for storing kenaf, kenaf products, tobacco or tobacco products.

(2) Notwithstanding subsection (1), where an analyst certifies, or if the test results as certified by an analyst prove, that kenaf, kenaf products, tobacco or tobacco products that he tested it contaminated or of the quality, standards or grades lower than 60 laws of Malaysia ACT 692 prescribed or authorised by any regulations, the officer can seize save it in care or, if no prosecution was initiated in respect of kenaf, kenaf products, tobacco or tobacco products, causing the kenaf, kenaf products, tobacco or tobacco products is disposed of in accordance with subsection 70 (3).


Forfeiture kenaf or tobacco, etc., seized 70. (1) any kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other thing seized under this Act shall be dilucuthakkan.

(2) an order for forfeiture of kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things shall be made if it is proved to the satisfaction of the Court that an offence under this Act has been committed and that kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or the carrier, the machinery, equipment, fittings, books , record, document or other thing that is a matter for or used in the Commission of the offence, although no one has been convicted of the offence.

(3) If no prosecution in respect of any of the kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other thing seized under this Act, kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things shall be taken and deemed to be forfeited at the end of a period of one calendar month from the date of delivery of the notice to the address last known to the person from whom kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things is seized stating that no prosecution in respect of kenaf, kenaf products, tobacco Board National Kenaf and Tobacco or tobacco products 61 or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things that unless before the expiry of such a claim therefor is made in the manner specified in subsection (4) , (5), (6) and (7).

(4) any person who asserts that he is the owner of kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things referred to in subsection (3) and that kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things that cannot be forfeited , may, by written notice, by himself or by his agent authorized in writing to the authorization officer in his kenaf, kenaf products, tobacco or tobacco products or as a result of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things that held that he demanded release kenaf, kenaf, tobacco or tobacco products or the proceeds of disposal, or carrier, machinery , equipment, equipment, books, records, documents or other things that.

(5) when the notice referred to in subsection (4) is received, authorized officers shall refer the matter to the Director-General may direct that kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things the release or may direct the authorized officers, through written information, to refer the matter to a magistrate.

(6) a magistrate to whom a matter referred to it under subsection (5) shall issue a summons requiring the Board and those who claim that he is the owner of kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things the person from whom the kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal , or the carrier, machinery, 62 laws of Malaysia ACT 692 equipment, equipment, books, records, documents or other things seized to appear before the Magistrate, and when representatives of the Board and the owner be present or any of them fail to appear, having proved that the summons has been duly served, the Magistrate shall proceed with examination of the matter.

(7) if it is proved that an offence under this Act has been committed and that kenaf, kenaf products, tobacco or

tobacco products or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things referred to in subsection (6) is a matter for or was used in the Commission of such offence, the Magistrate shall order that kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or carrier, machinery, tools, equipment, books, records, documents or other things that dilucuthakkan, and shall , if there is no such evidence, ordered its divestment.

(8) any kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things dilucuthakkan or be deemed to be forfeited shall be sent submit to the seize and shall be disposed of in accordance with the directions of the magistrate.


Property rights of kenaf or tobacco, etc., that dilucuthakkan 71. Any kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things dilucuthakkan or be deemed to be forfeited under this section shall be the property of the Board.





The Board of Kenaf and kenaf Release 63 Countries Tobacco or tobacco, etc., seized 72. Notwithstanding section 70, the Director General or any officer authorized by the Director-General may, if he thinks fit, at any time, direct that any kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other thing seized under this section is released to the person of the ownership custody or control, kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things seized.


Authorized officers can get help to inspect the goods in connection with offences 73. An officer authorized can get help any person to inspect any of kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things, seized or detained under this Act if the person has the necessary credentials to check the kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal , or any other carrier, machinery, tools, equipment, books, records, documents or other things that for the purposes of an investigation under this Act.


Authorized to collect a sample of 74. (1) the Director or any authorized officer may request, choose, take or get any samples of kenaf, kenaf products, tobacco or tobacco products for the purpose of analysis without payment of any persons who manufacture, sell or possess property of kenaf, kenaf products, tobacco or tobacco products or agents or pekhidmatnya from whom the sample is obtained.

64 the laws of Malaysia ACT 692 (2) Procedures for recruitment and dealing with samples shall be as prescribed.


The appointment of Analyst 75. The Board may appoint any qualified person to be the analyst for the purpose of carrying out an analysis to any kenaf, kenaf products, tobacco or tobacco products and to recognise the situation, types, processes, quality, standards and grednya.


Certificate of analysis 76. (1) a certificate of analysis that is signed by an analyst shall, when given by the Board in any hearing under this Act, be sufficient evidence of the facts stated in the certificate unless the accused requires that the analyst called as a witness, and in that case he shall give a written notice to the Board not less than three clear days before the commencement of the trial.

(2) if the Board aims to provide such a certificate referred to in subsection (1) as evidence, it shall deliver a copy of the certificate to the accused not less than ten clear days before the commencement of the trial.


Inspection or testing of kenaf, tobacco, etc.

77. (1) when any kenaf, kenaf products, tobacco or tobacco products seized under this Act, it is sufficient to open and examine five percent out of every description of the package or container in which the kenaf, kenaf products, tobacco or tobacco products that contained.

(2) if the test should be done against any kenaf, kenaf products, tobacco or tobacco products seized in the Board of Kenaf and Tobacco Country 65 this Act, are sufficient to check a sample of not more than five per cent of the amount or weight of kenaf, kenaf products, tobacco or tobacco products that were examined under subsection (1).

(3) the Court shall presume that kenaf, kenaf products, tobacco or tobacco product contained in the package or container is not open is of the type, quantity and quality equal to that found in the packaging or similar containers that have been opened.


There are no costs or damages arising from seizure can be obtained 78. No person shall, in any proceedings before any court in respect of the seizure of any kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other things seized in the exercise or purported exercise of any power conferred under this Act, is entitled to the costs of the proceedings or any damages or other relief unless the seizure is made without reasonable cause.


The power of the Board to require information about kenaf or tobacco, etc.

79. (1) the Board may require any person undertaking any activities that involve the kenaf, kenaf products, tobacco or tobacco products to provide the Board, within the time specified in a notice, the information relating to the composition and use of kenaf, kenaf products, tobacco or tobacco products that.

(2) any person who does not provide any information relating to the composition and use of any of kenaf, kenaf products, tobacco or tobacco products required under subsection (1) commits an offence and

66 laws of Malaysia ACT 692 can on conviction liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

PART VIII GENERAL Season closing 80. (1) for the purpose of preventing or his illness affecting the kenaf or tobacco, the Board may from time to time by notification in the Gazette declare certain periods as the season closes for kenaf cultivation and curing tobacco cultivation or for specific areas.

(2) No person shall, in a season of close — (a) quotations or tobacco;
(b) allow kenaf or tobacco grown by him or for him, or on land owned or occupied regions, to continue to grow; or (c) carry out, participate, allow, cause, let, or get any person to carry out, participate, in any activities forming part of or incidental to the process of kenaf or curing tobacco.

(3) any person who contravenes subsection (2) commits an offence and shall on conviction to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.



The Board of Kenaf and tobacco Country 67 obligation to maintain the confidentiality of 81. (1) except for the purposes of this Act or for the purpose of any civil or criminal proceedings under any law, no Member, officer, servants of the Board or any member of a Committee or any person invited to any meeting of the Board or any of its committees may disclose any information diperolehnya while performing his duties and who is not published in accordance with this Act.

(2) any person who contravenes subsection (1) commits an offence and shall on conviction liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Offences by body corporate 82. (1) where a body corporate commits an offence under this Act, any person at the time of the Commission of the offence was a Director, Manager, Secretary or other similar officer of the body corporate or purporting to act on any such nature or with any way or up to any extent is responsible for the management of any Affairs of the body corporate or assist in the management of such — (a) can be prosecuted separately or in association in the same proceedings together with the body corporate the; and (b) if the body corporate is found to be guilty of that offence, shall be deemed to be guilty of such offence unless, having regard to the type of functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya; 68 and the laws of Malaysia ACT 692 (ii) that he took all reasonable steps and conducted all due diligence to prevent the Commission of the offence.

(2) if any person under this Act shall be liable to any penalty or penalties for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employee or his agent, or employee of the agent, if the action, omission, neglect or default that was done — (a) by its employees within its employment;
(b) by the agent while acting on his behalf; or (c) by the agent within the employee's employment with the agent or otherwise on behalf of the agent.


Pensubahatan and the attempt is punishable as offences 83. (1) a person who is an accomplice in the Commission of or attempt to commit any offence under this Act shall be guilty of that offence and shall on conviction liable to the punishment provided for the offence.

(2) any person who commits any act preparatory to or as an extension to the Commission of any offence under this Act shall be guilty of that offence and shall on conviction liable to the punishment provided for the offence: provided such term of imprisonment imposed shall not exceed half of the maximum term provided for that offence.




The Board of Kenaf and tobacco Country 69 compounding of offences 84. (1) the Director General may, with the consent of the public prosecutor, offers in writing to compound any offence committed by any person under this Act and the set became an offence can be compounded by regulations made under this Act by making an offer in writing to that person to compound the offence to pay to the Board an amount not exceeding fifty per cent of the amount of the maximum fine for the offence within the time stated in the offer.

(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution for him started.

(3) if the amount specified in the offer under subsection (1) is not paid within the time stated in the offer or within such extended period as may be provided by the Director General, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.

(4) If an offence has been compounded under subsection (1), no prosecution shall be instituted subsequently in respect of the offence against the person to whom the offer is made and compounding any kenaf, kenaf products, tobacco or tobacco products or the proceeds of disposal, or any carrier, machinery, tools, equipment, books, records, documents or other thing seized in connection with the offence be released or dilucuthakkan by the Director General , subject to such terms and conditions as it deems fit to impose by the Director General under conditions the compound.


Startup and operation of 85 prosecution. (1) no prosecution for or in connection with any offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
70 laws of Malaysia ACT 692

(2) any officer of the Board authorized in writing by the public prosecutor can handle a prosecution for any offence under this Act.


A merger of the offence of 86. Notwithstanding anything contained in any other written law to the contrary, if someone accused of more than one offence under this Act, he may be charged with and tried in a trial for as much offence committed within a time no matter whatever its duration.


The remuneration of 87. The Director-General may order any reward as he considers should be paid to any person for services rendered in connection with the detection of any offence under this Act, or in relation to any seizure made under this Act.


The whistleblower protection 88. (1) except as provided in subsection (2) and (3), no witness in any civil or criminal proceedings may be required or permitted to disclose the name or address of the whistleblower or fill in the information received from it or declare any matter that may cause the informant unknown.

(2) where any books, records, accounts, documents or computerised data or evidence that may be inspected in any civil or criminal proceedings contain any entry in which any informer is named or described or which might cause the informant known, the Court shall cause all Board of Kenaf and tobacco Country such verses from 71 closed vision or deleted only to the extent necessary to protect the informant of known.

(3) if in proceedings for any offence under this Act the Court after a full investigation of the case believe that the informant intentionally make in aduannya a statement of material which he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be achieved solely between the parties in the proceedings without knowing the informant , the Court may require the production of the original complaint, if written, and allow the investigation and require full disclosure, with respect to the informant.


Power to exclude 89. (1) the Minister may by order published in the Gazette exempt, subject to such terms and conditions as he thinks fit to impose, any person, class of persons, any activity or class of activities relating to kenaf, kenaf products, tobacco or tobacco products from all or any provisions of this Act.

(2) the Minister may, at any time, by order published in the Gazette, revoke any order made under subsection (1) if he is satisfied that the exemption is no longer needed.


Amendment of schedule 90. The Minister may, after consultation with the Board, amend the schedule by order published in the Gazette.




72 the laws of Malaysia ACT 692 regulations 91. (1) the Minister may, after consultation with the Board, make regulations as may be necessary or expedient to implement in full or in carrying out the provisions of this Act.

(2) without prejudice to the generality of subsection (1), the Minister may make regulations in respect of — (a) prescribing the manner of applying for a licence, authorization, approval and certification under this Act, the details to be supplied by an applicant, a way of licensing and certification, the fee payable for licensing and certification, conditions to be imposed, the form of a licence, approval and certification, and the power to restrict the number of licenses;

(b) establish a procedure relating to the representation to be made under subsection 47 (2);

(c) establish a procedure for appeals under section 48;
(d) prescribing offences can be compounded;
(e) prescribing the types of tobacco to be blended in any tobacco product;

(f) promote, regulate, manage, control and develop kenaf or kenaf products market;

(g) to regulate, manage and control the movement, transport and storage of tobacco or tobacco products;

(h) prescribing practices to be observed or avoided in kenaf industry or tobacco industry including tobacco cultivation and research on kenaf or tobacco;

The Board of Kenaf and tobacco Country 73 (i) provide for the maintenance of appropriate standards of conduct in carrying out research projects or industry and tobacco industry violations of the standards for the management;

(j) prescribing the manner of storage and transportation of kenaf or tobacco and steps must be taken to avoid destruction or deterioration of kenaf or tobacco, or the occurrence or his illness affecting the kenaf or tobacco, during storage or transportation;

(k) prescribing the manner and procedure of taking a sample of kenaf, kenaf products, tobacco or tobacco products by an officer duly authorized or Classifier for the purposes of this Act;

(l) prescribing the processing standards and way of preservation, grading or packing kenaf or tobacco;

(m) prescribing standards or grade kenaf or tobacco and provide for exercising any of the standard or grade, including provision for or in relation to labelling and prohibitions dealing about kenaf or tobacco that do not comply with standards or grade thereof;

(n) prescribing the minimum price in relation to the quality or grade of the specific prices that kenaf or tobacco can be sold other than for export;

(o) provide for the registration of the contract in respect of the sale and purchase of kenaf or tobacco and details about the contract;

(p) prescribing the procedure to be followed by traders in trading kenaf or tobacco;

74 laws of Malaysia ACT 692 (q) prescribing the procedure to be followed by the exporter in the exporting kenaf, kenaf products, tobacco or tobacco products;

(r) determine the duties and functions of the Classifier;
(s) prescribing the records and documents which shall be kept and statement shall be submitted;

(t) prescribing fees and charges payable to the Board under this Act and the collection and payment of the fee; and (u) provide for any other matter intended by, or as may be necessary to carry out the full, the provisions of this Act and for the Administration

accordingly.

(3) regulations made under this section may prescribe any act in violation of the regulations to be an offence and may prescribe a penalty to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Actions done in anticipation of the making of this Act 92. All such acts and things done by any person on behalf of the Board in preparation for or in anticipation of the making of this Act and for any expenses incurred in connection therewith shall be deemed to have been authorized under this Act, provided that the Act or thing to be done is in accordance with the intent and purpose of this Act is General; and all rights and obligations acquired or incurred as a result of the action or matter that includes expenses incurred in connection therewith shall be deemed to have rights and obligations of the Board.




The Board of Kenaf and tobacco Country 75 PART IX REPEAL, SAVINGS and TRANSITIONAL Repeal and dissolution of 93. (1) the National Tobacco Board Act (incorporation) 1973 [Act 111] ("the Act repealed") is repealed and the National Tobacco Board ("the Board dissolved") dissolved.

(2) all regulations, rules, directives and orders made or have effect under the law repealed by this section and force or have effect on the date specified shall, without prejudice to the Minister's power to amend, revoke or withdraw the regulations, rules, instructions or order and subject to the modifications necessary to make the rules, methods, instructions and the order in accordance with this Act , continue in force and have effect as if it had been made under this Act, until otherwise provided for under this Act.


The transfer of power, etc.

94. The powers, rights, privileges, liabilities, obligations and duties which immediately before the date specified on the Board dissolved must be transferred from that date to the Board established by this Act.


Pemindahmilikan property of 95. (1) the land before the specified date, vested in or reserved under any written law relating to land for the purpose of the Board dissolved shall, on that date, by the authority of this Act, vested in or be deemed to be reserved for the purposes of the Board which is established by this Act.

76 laws of Malaysia ACT 692 (2) all property and assets other than land immediately before the specified date vested in Board dissolved or in any person on behalf of the Board dissolved, as the case may be, shall on that date, vested in the Board.


Existing contracts 96. All deeds, bonds, agreement, instrument and work arrangements that existed immediately before the date stipulated and affecting any property dipindahmilikkan under section 95 shall have the force and effect of or in favour of the Board and can be fully enforced and seberkesannya as if, in lieu of the Board dissolved or any person acting on behalf of the Board dissolved, the Board established by this Act has been named it or become a party to it.


Transfer money in funds 97. All the money that is in or payable to the Fund Board dissolved shall, on the date set, vested in the Board established by this Act, be transferred to and be deemed to be part of the Fund established under section 22.


Membership of the Board dissolved 98. (1) Notwithstanding anything to the contrary, the Board dissolved and to any Committee appointed under the repealed Act who held office before the specified date shall cease to hold office on that date.

(2) there is nothing whatsoever in subsection (1) may affect accountability Board dissolved that expire his Office and as soon as practicable National Kenaf and Tobacco Board 77 after the date specified, the Board dissolved shall prepare and submit to the Minister a report including financial statements required under the Act repealed, but the report shall be limited to the period from 1 January of the year concerned until days before the date set.


Continuation of officers and servants 99. (1) a person who immediately prior to the date set is taken as an officer and service the Board of servants shall be dissolved on the date prescribed, deemed to have acquired the services of the Board established by this Act.

(2) every person who immediately prior to the date set had been taken in service as officers and servants of the Board dissolved shall, on the date set, taken service as officers or servants of the Board established by this act upon the terms and conditions of service no less favourably than the terms and conditions of service that he is entitled to it immediately before the specified date.

(3) If changes were made on or after the date prescribed in respect of the conditions of service of officers and servants of the Board dissolved registered under subsection (1) has been taken by Services Board established by this Act, they should be given a choice whether to continue subject to the existing service or subject to the new terms of service.


Saving for license and register 100. (1) Notwithstanding the repeal and dissolution under section 93 or any of the provisions of this Act to the contrary, every person who, immediately before the specified date, holds a valid licence issued to him under the Act shall be repealed on the date specified be deemed to be licensed under this Act until the expiration of such licence and shall 78 laws of Malaysia ACT 692 subject to terms and conditions imposed by the Board established by this Act.

(2) the provisions of this Act relating to cancellation, suspension and renewal license shall apply to all persons deemed to be licensed under subsection (1).

(3) any application for a licence under this Act by a person who is deemed to have been licensed by virtue of subsection (1) shall be considered as a new application and not as an application for license renewal.

(4) All the stored and maintained under the repealed Act shall be deemed to be at your designated date

the stored and maintained under this Act and shall be deemed to be part of the register.


Activities for which a licence under this Act apply 101. (1) subject to section 100, any person who, immediately before the specified date, is pursuing an activity which this Act applies shall, within six months from the date prescribed, apply for a licence under section 40 and such application shall be treated as a new application and not as an application for license renewal.

(2) on receipt of an application under subsection (1) the Board shall issue an acknowledgement to that person.

(3) pending the results of the application, that person may continue to operate such activity.


Continuation of application, etc., that have not been disconnected 102. (1) all applications, approval or decision, on appeal or otherwise, that has not been decided by the Board dissolved under the repealed Act shall, on the date set, the Board of Kenaf and tobacco 79 Countries are managed by the Board in accordance with applicable under this Act.

(2) all applications, approval or decision, on appeal, which has not yet been decided by the Minister under the repealed Act shall, on the date fixed, managed by the Minister under this Act.

(3) all instrument, certificate or document lodged with the Board dissolved before the date specified shall, on the date set, lodged with the Board.


Civil and criminal proceedings continuation of 103. (1) the revocation under section 93 or anything contained in this Act shall not affect any liability of any person to prosecuted or sentenced for offences under the Act repealed immediately before the specified date, or any proceedings brought before that date in respect of the offence.

(2) any proceedings, whether civil or criminal, or cause of action has not yet been decided or that exists immediately before the date prescribed by or against the Board dissolved or any person acting on behalf of the Board dissolved can be continued or commenced by or against the Board established by this act as it can be done by or against the Board dissolved or that person if the Act is not made.

(3) any appeal brought or any permission to appeal applied for on or after the date set against a decision given immediately before the date specified in any legal proceedings the Board dissolved to become a party to it can be brought by or against the Board established by this Act.



80 laws of Malaysia ACT 692 Sound in law or document about the Board dissolved 104. A reference in any law or in force immediately before the date specified on the Board dissolved shall be construed as a reference to the Board established by this Act.


Continuation of the use of the name 105. Notwithstanding section 93 and 104, the Board established by this Act can continue to use the name "the National Tobacco Board" for the purpose of maintaining the good name or for any purpose it deems fit by the Board.


Prevention of anomalies 106. (1) the Minister may, by order, make any modifications to any of the provisions of this Act that it is necessary or expedient for the purpose of removing any inconvenience as a result of the coming into operation of this Act, but only in respect of the implementation of its functions and the exercise of power by the Board to be established by this Act.

(2) the Minister may not exercise the powers conferred by subsection (1) after the expiration of three years from the date specified.

(3) in this section, "modifications" means the amendment, addition, deletion and replacement of any of the provisions of this Act.



_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the Board of Kenaf and tobacco Country 81 SCHEDULE a [Subsection 3 (5)] meetings 1. (1) the Board shall meet at least once every three months at any time and in any place designated by the Chairman.

(2) the Director General shall, at the direction of the Chairman notice to members prior to the meeting.

(3) the Chairman shall preside at Board meetings.

(4) five members shall constitute a quorum at any meeting of the Board.

(5) every Member of the Board present shall be entitled to one vote.

(6) in the event of a question for a decision by the Board there are the same number of votes, the Chairman shall have the casting vote.


An allowance of 2. Member of the Board may be paid such allowances as determined by the Minister.


The Board may invite others to meetings 3. (1) the Board may invite any person to attend a meeting or penimbangtelitian Board for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting or the penimbangtelitian.

(2) any person invited under subparagraph (1) may be paid such allowance as may be determined by the Board.


Seal 4. (1) the Board shall have a common seal which shall contain any designs approved by the Board and such seal may be broken, changed, altered or made new as the Board may think fit.

82 the laws of Malaysia ACT 692 (2) until a seal is provided by the Board, a stamp bearing the words "National Kenaf and Tobacco Board" or "Board of Kenaf and tobacco Country" may be used and shall be deemed to be the common seal of the Board.

(3) the common seal shall be kept in the custody of the Director-General or any other officer authorized by the Board, and shall be verified by the Director General or any authorized person or any officer authorized in writing by the Director General; and all deeds, documents and other instruments purporting to be sealed with the seal of the said verified as aforesaid, shall, until the contrary is proved, be deemed to have been validly executed: provided that any document or instrument which if executed by a person not being a body corporate is not required in order to be sealed may be executed in the same way by the Board; and

any document or instrument may be executed on behalf of the Board by any of the officers or servants of the Board authorized generally or specifically by the Board for that purpose.

(4) the common seal of the Board shall be officially and judicially noticed.


Disclosure of interest 5. A member of the Board who has, directly or indirectly, personally or by his partner, any interest in any companies or enterprises in which the Board proposes to enter into contracts or have any interest in any contract or in any of the matters discussed by the Board shall disclose to the Board the fact of interest and type of his interest, and such disclosure shall be recorded in the minutes of the Board and , except if specifically authorised thereto by the Chairman, the Member cannot take part in any penimbangtelitian or decision of the Board in relation to the contract or that matter.


Minute 6. (1) the Board shall cause minutes of all its meetings to be maintained and stored in a proper form.

(2) minutes made of meetings of the Board shall, if duly signed, is admissible in evidence in all legal proceedings without further proof.

The Board of Kenaf and tobacco Country 83 (3) every meeting of the Board in respect of the proceedings minutes were made in such a way shall be deemed to have been duly convened and held and all members of the meeting have been duly qualified to act.


Validity of acts and proceedings 7. No action done or proceeding taken under this Act may be questioned on the ground — (a) a vacancy in the membership of, or a defect in the establishment of, the Board;

(b) violation by any member of the Board on the provisions of paragraph 5; or (c) an omission, defect or ketidakteraturan that are not menye (d) ntuh merit it.


Procedure 8. Subject to this Act, the Board shall determine its own procedure.


The Board should devote time to the business of the Board 9. Every Member of the Board should devote time to the Managing Board as necessary to meet their obligations effectively.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 84 laws of MALAYSIA Act 692 KENAF and TOBACCO ACT 2009 COUNTRY LIST AMENDMENT of laws that amend the short title effect from-No-85 laws of MALAYSIA Act 692 KENAF and TOBACCO ACT 2009 NATIONAL LIST SECTION AMENDED Section Power amend with effect from-no-