044b.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 Act 44 FISHERMEN ASSOCIATION ACT 1971 Contains all amendments to 1 January 2006 044b.fm Page 1 Monday, March 27, 2006 6:08 PM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH ASSOCIATION ACT 2006 2 1971
The Date Of Royal Assent......... August 30, 1971, the date of publication in the Gazette of ... ... more 2 September 1971 REPRINT BEFORE Reprinting the first......... 1993 Reprint the second......... 1999 044b.fm Page 2 Monday, March 27, 2006 6:08 PM 3 laws of MALAYSIA Act 44 ARRANGEMENT of SECTIONS of the ACT ASSOCIATION 1971 part I preliminary section 1. Short title, application and commencement 2. Interpretation Part II ESTABLISHMENT Of The ASSOCIATION Regional, STATE And NATIONAL 3. Establishment of 4. Prohibition 5. The Purpose Of The Association Of Fishermen PART III REGISTRATION 6. The Registrar for all Association 7. Express 8. Conditions of registration PART IV OFFICER SUPERVISOR ASSOCIATION of STATE 9. The supervisor authority 10. The duty Officer Supervisor 044b.fm Page 3 Monday, March 27, 2006 6:08 PM 4 laws of Malaysia ACT 44 part V ASSOCIATION MEMBERS AREA section 11. Member Of The Association Of Fishermen Area 11A. The register shall be prima facie evidence of PART VI MANAGEMENT and FUND ASSOCIATION regional, STATE and NATIONAL 12. Of Directors 13. Fund Association 13A. The power to borrow money, etc.
13B. investment funds 14. The Reserve Fund PART VII MERGERS ASSOCIATION AREA And STATE 15. Merger procedures Association Area 16. Fishermen's Association Of The State Of Registration 17. Merger procedures Association State PART VIII GENERAL 18. Association is a body corporate 18A. 18B disputes. Case stated in respect of questions of law 19. The authority to examine 20. The power to suspend and dissolve 21. Appeal 22. Cannot conduct within suspension 23. Management within the suspension 044b.fm Page 4 Monday, March 27, 2006 6:08 PM Association 5 section 24. Annual meeting of 25. Audit 25A. The right of access to the accounting and other records 26. Rules 27. Regulations 28. Special powers of the Minister to exempt a Society from registration requirements, etc.
29. the authority to exempt from duty or tax 30. Are prohibited from using the word "Association" 31. Trade Union law and the companies act shall not apply 32. Offences forms 32A. It makes entries in books of 33 Fishermen Association. Amendment 34. Prohibition of registration of 35 fishermen cooperatives. Forceful dissolution cost shall be borne by the Malaysian Fisheries Development Board 36. This Act shall apply 044b.fm Page 5 Monday, March 27, 2006 6:08 PM 044b.fm Page 6 Monday, March 27, 2006 6:08 PM 7 laws of MALAYSIA Act 44 FISHERMEN ASSOCIATION 1971 ACT an act to establish the Association of Fishermen in Malaysia and to make provision in respect of the matters relating thereto.
[Throughout Malaysia — 4 May 1972, P.U. (B) 172/1972]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title, application and commencement 1. (1) this Act may be cited as the Fishermen Association Act 1971 and subject to subsection (3) shall apply throughout Malaysia.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette, and that date is not earlier than the date the notification is published.
(3) the Minister may by order suspend the coming into operation of this Act in a or some part in Malaysia.
Interpretation 2. In this Act, unless the context otherwise requires — 044b.fm Page 7 Monday, March 27, 2006 6:08 PM 8 laws of Malaysia ACT 44 "fish" means fish in the estuary or at sea;
"Minister" means the Minister currently responsible for fisheries;
"Registrar" means the Registrar of the Association appointed under section 6;
"Association" means the Association of Fishermen Area, State Association or the National Association;
"The Association of Fishing Area" means an association that has members of a total of not less than fifty persons constituted in accordance with the provisions of this Act or any regulations made thereunder for any area in any State and includes a company cooperation of fishermen;
"National Association" means a merger of any two or more States Fishermen Association in accordance with this Act;
"The State Association" means a merger of any two or more Area Fishermen's Association in accordance with this Act;
"the company collaboration fisherman" means any joint companies which, in the commencement of this Act, registered under the co-operative Societies Act 1948 [Act 287] *, joint Companies Ordinance 1958 Sabah [Ord. 3 1958] and joint Companies Ordinance Sarawak [Chapter 66] and whose purpose or whose primary function is related to the fisheries production, marketing or processing of credit, or any commercial business ventures and such : provided that if there is a dispute as to whether a co-operative is a co-operative fishermen the dispute shall be referred to the Registrar that there is tusannya lah kepu muk tamad and t not bo consequences in question in any court;
"Region" means an area which consists of two or more States as may be prescribed by the Minister.
* NOTE — Act 287, Sabah Ord. 3 1958 and Sarawak Chapters 66 eliminated — see section 95 co-operative Societies Act 1993 [Act 502].
044b.fm Page 8 Monday, March 27, 2006 6:08 PM Association 9 PART II ESTABLISHMENT of the ASSOCIATION regional, STATE and NATIONAL establishment of 3. (1) an Association of Fishing areas can be established in accordance with this Act or any regulations made thereunder.
(2) with the approval of the Registrar, any two or more Spaces Fishermen Association registered by this Act shall be merged into a single State Fishermen Association.
(3) with the approval of the Registrar, any two or more States Fishermen Association registered by this Act shall be merged into a single National Fishermen's Association.
Prohibition 4. There are an Association Area, State or National can conduct unless it was established and registered in accordance with this Act.
The Purpose Of Association 5. (1) the Association may be formed with the object or objects you want to develop economic and social interests of its members or kesentosaan of its members and shall have power to do all things necessary to achieve that purpose and in particular, but without prejudice to the generality of the aforesaid, it shall have the power to — (a) to manage and operate the financial assistance plan to provide credit and capital resources for members;
(b) promote education and training for members including distribution of information about things that might impress members;
(c) organize exhibitions, markets, ria and shows;
(d) arrange for fishing effort or preserving life in water; collect, store, process, 044b.fm Page 9 Monday, March 27, 2006 6:08 PM 10 laws of Malaysia ACT 44 divide and dispose objects release members;
(e) grant a health centre, education centre, child thrift organizations, insurance, mutual assistance and other welfare plans;
(f) to assist in the investigation and the collection of statistics concerning fishing enterprises;
(g) the holding of buoys and other navigational aids and facilities at the fishing port;
(h) to be a mediator in the dispute which has arisen in the fishing industry involving one or several members;
(i) arrange for participation of members in any plans for the conservation of fishery resources;
(j) conduct and organise transportation for mempergiat fish marketing efforts and related efforts;
(k) conducting marketing facilities, storage, drying, warehousing and other facilities; and (l) allows capital formation and investment through the establishment of the company or equity participation in the effort to trade and business.
(2) Notwithstanding the powers conferred by subsection (1), an Association of Fishermen cannot establish any company or participate in equity any effort to trade or business without prior approval re tul is dar ipada Pendaf Pendaf tar tar, and may, on giving such approval, impose such conditions as he thinks fit.
(3) without prejudice to the powers given to the Registrar in subsection (2), the Registrar may, by order in bertul is, restrict, impose such conditions on the cell or control it power of an Association to ensure efficiency and to avoid duplication of functions of the Association.
044b.fm Page 10 Monday, March 27, 2006 6:08 PM Association 11 (4) any person who is not satisfied with any order of the Registrar under subsection (2) or (3) may appeal to the Minister within thirty days from the date the order is made and the Minister may confirm, vary or revoke the order; and decision of the Minister is final and shall not be questioned in any court.
PART III REGISTRATION the Registrar for all Association 6. (1) there shall be appointed a Registrar of the Association of fishermen and several Assistant Registrars with such powers of the Registrar under this act as may be specified by the Minister.
(2) all appointments under this section shall be published in the Gazette.
(3) the Director General of the Malaysian Fisheries Development Board shall be the Registrar.
(4) the Registrar may in writing delegate to any person, including any officer in the public service in the States of Sabah and Sarawak, any of its powers under this Act except the power to suspend or dissolve any Association.
Express 7. The Registrar shall keep and maintain or cause to be kept and maintained a or several registers containing such particulars as he may deem expedient in connection with the registration of all associations of fishermen.
Conditions of registration 8. (1) except as otherwise provided with respect to the registration of the Association of State and national Fishing 044b.fm Page 11 Monday, March 27, 2006 6:08 PM 12 laws of Malaysia ACT No 44 of an Association Area be registered unless — (a) a meeting was held and the meeting was attended by 50 or more persons than those referred to in paragraph 11 (1) (a) of the area;
(b) has been set out in the aforementioned meeting a written statement that indicates the purpose of the Association of Fishermen of the area and also a copy of the Constitution or the rules for the management of the Association; and (c) the provision in the Constitution or rules of the association includes the provisions set out in the rules made under this Act.
(2) a certificate of registration signed by the Registrar shall be conclusive evidence that the Association that it is registered with the successful completion of under this Act, unless proven that the Association's registration has been cancelled.
PART IV the STATE SUPERVISOR of OFFICIALS ASSOCIATION supervisor authority 9. (1) the Minister may appoint an officer Supervisor Association for every State and Territory.
(2) the appointment under subsection (1) shall be made for such period or on such conditions as the Minister may determine.
(3) a person appointed under this section shall be subject to the directions of the Registrar General.
The Duty Officer Supervisor 10. (1) a Supervisor Association appointed for a State shall — 044b.fm Page 12 Monday, March 27, 2006 6:08 PM Association 13 (a) advise the Fishermen Association and Area Association inland State of the Association activities;
(b) coordinating such plans or programmes carried out by the Association of Fishermen of the area in the State; and (c) examine and supervise the activities of the Association and the Association of Fishermen of the domestic State.
(2) an officer Supervisor Association appointed for the Province has power menyel it on the whole all Fishermen Associations and State Spaces in the Territory.
Part V MEMBERS Of The ASSOCIATION Of FISHERMEN Fishing Association Members Area Area 11. (1) a person who is resident in the area of activities of an Association and who has attained the age of 18 years is eligible to become a member of the Association of Fishermen Area if he included under any of the following areas, namely: (a) any person who works to catch, collect or preserve life in water for a period of at least one hundred and twenty days in a year;
(b) any person employed processing, handling or dealing in fish;
(c) any person that received sixty per cent or more of total enterprise revenue from fisheries.
(2) any person who is carrying out research in respect of or taking part in expanded and develop the fishing industry are eligible to become associate members.
044b.fm Page 13 Monday, March 27, 2006 6:08 PM 14 laws of Malaysia ACT 44 (3) No person shall be a member of more than one Association Area.
(4) there are any right of membership can be used by a member until he has explained any payment as provided in respect of his membership in the Constitution or rules of the Association to the Fishermen of the area.
(5) a person ceases to be a member of an Association of Fishermen Spaces in any of the following circumstances, namely: (a) when he stopped with voluntary according to the Constitution or rules of the Association: (b) when he or she is deemed to have ceased to be a member pursuant to the provisions of the Constitution or rules of the Association; or (c) when he died.
(6) where a question arises about the residence status of a person for the purpose of determining his entitlement under subsection (1), the question shall be decided by the Registrar and its decision is final.
(7) Notwithstanding section 2, in this section "Association Areas" does not include co-operative fishermen.
The register shall be prima facie evidence of 11A. Any register or list of stored by an Association Area shall be prima facie evidence of your name, address, identity card number, membership number, and employment of a member and the date he began and ceased to be a member.
PART VI MANAGEMENT and FUND ASSOCIATION regional, STATE and NATIONAL Directors 12. (1) every Association shall be conducted by a Board of Directors elected or appointed by, and 044b.fm Page 14 Monday, March 27, 2006 6:08 PM 15 Fishermen Association has the powers prescribed by the Constitution or rules of the Association.
(2) for the purpose of doing each of the Association, there shall be a General Manager and other officers and civil servants of the Association appointed by the Constitution or rules of the Association.
(3) the Responsibilities and duties of General Manager, officers and Board of Directors mentioned above shall be in accordance with the Constitution or rules of the Association.
(4) the Director shall hold office, may resign and bo. d ipeca t da r ipada position mengiku t the Constitution or rules of the Association.
(5) the Office of a Director shall be deemed to be cleared in any of the following circumstances: (a) if he becomes bankrupt;
(b) if he is convicted of a criminal offence in respect of fraud, dishonesty or moral turpitude;
(c) if he fails to attend Board meetings three times in a row without permission;
(d) if he cease to be a Malaysian citizen or a member of an Association of Fishing Areas;
(e) if he becomes insane;
(f) if he becomes a worker for the Association; or (g) if he takes part in managing anything or act in which, in the opinion of the Minister, prejudicial to the interests of the Association.
Fund Association 13. Fund every Association shall consist of — (a) the fees of members; and 044b.fm Page 15 Monday, March 27, 2006 6:08 PM 16 laws of Malaysia ACT 44 (b) moneys acquired, accrued or available by virtue of the Association provided by this Act or any regulations made thereunder or pursuant to the Constitution or rules of the Association.
The power to borrow money, etc.
13A. (1) for the purpose of implementing its purpose under section 5, an Association of Fishermen can borrow money or assume commitment or other financial obligations with the written permission of the Registrar.
(2) at each annual general meeting, every Association shall determine a maximum limit of indebtedness which may be incurred by him, subject to the consent of the Registrar pursuant to subsection (1), at any time during the financial year of the company.
Investment money 13B. Subject to section 5, an Association may be invested or deposited money is — (a) into any bank approved by the Registrar from time to time;
(b) in any securities the Federal Government or the Government of any State;
(c) in securities issued in the Federal Treasury with the approval by any public authority established under federal law or State;
(d) with the approval of the Registrar, in the share capital or securities of any body or registered company;
(e) with the approval of the Registrar, in the acquisition of land or buildings or the construction of buildings; or (f) in any other manner approved by the Registrar.
044b.fm Page 16 Monday, March 27, 2006 6:08 PM 17 Fishermen Association Reserve Fund 14. Every Association shall hold a Reserve Fund consisting of money from General Fund reserved for that purpose and the Reserve Fund shall be used in accordance with the Constitution or rules of the Association.
PART VII FISHERMEN ASSOCIATION MERGERS and merger Procedure AREA STATE Association Area 15. (1) any association of Fishermen Area can give notice in accordance with the rules of the Association in respect of his want to convene a special general meeting of the Association in which a special resolution to merge with other Area Fishermen's Association will be proposed.
(2) in meetings per Association Area above a special resolution shall be proposed for the merger and that an application should be made to the Registrar for that purpose.
Fishermen's Association Of The State Of Registration
16. Where an application under section 15 has been made in respect of each Fishing Area Associations and the Registrar is satisfied — (a) that the special resolution that supports the proposed merger was approved with successful completion by each Association Area equivalent in all material particulars or with resolution-resolution approved by fishermen's associations in other Areas;
(b) that the merger plan contained in the resolution mentioned above for each Fishing Area Associations will be equal in all material particulars or with resolution-resolution of the other Area Fishermen's Association; and 044b.fm Page 17 Monday, March 27, 2006 6:08 PM 18 laws of Malaysia ACT 44 (c) that the provisions of the Constitution or rules of the Association of Fishermen of a proposed State is not inconsistent with this Act or the rules made thereunder, the Registrar shall register or cause to be registered State Association in accordance with rules made under this Act.
Merger procedures Association State 17. With regard to the procedure of merger of any two or more States Fishermen Association, section 15 and 16 shall apply provided that for the phrase "Association of Fishermen Area" and "State" at the Association of Fishermen wherever the expression contained in the sections above shall be respectively replaced by the "Association of the State" and "National Association".
PART VIII GENERAL Association is a body corporate 18. When is registered under this Act, an Association of Fishermen — (a) it shall be a body corporate with perpetual succession have a common seal and has the power to enter into contracts to bring and defend actions, suits and proceedings laws and do all things necessary for the purpose of achieving the purpose referred to in section 5; and (b) may acquire by lease, purchase, donation, gift, demis, wills or otherwise any property, movable or immovable property for any of the purposes of the Association and for that purpose may sell or lease or by other way make any arrangement in respect of any such property.
044b.fm Page 18 Monday, March 27, 2006 6:08 PM 19 Fishermen Association disputes 18A. (1) (a) where any dispute arises concerning the Affairs of an Association Area — (i) between the members, former members and those claiming through a member, former member and member of the dead; or (ii) between a member, former member or a person claiming through a member, former member or a member of the dead, with the Association or its Board of Directors; or (iii) between the association with any other Area Fishermen's Association, the dispute shall be referred to the Registrar for decision.
(b) a claim by the Association of Fishermen Area for any debts or bills owed to him from a member, former member or a person named, the heirs or representatives in law for a member who is already dead, shall be deemed to be a dispute touching the Affairs of the Association.
(2) the Registrar may, upon receipt of the reference under subsection (1) — (a) determine the dispute itself; or (b) refer the dispute to be made to a person or persons an arbitrator.
(3) an appeal against the decision of the Registrar or an arbitrator under subsection (2) shall be made to the Minister and shall be made within two months from the date of the decision.
(4) the decision of the Minister in an appeal under subsection (3) shall be final and shall not be questioned in any court.
044b.fm Page 19 Monday, March 27, 2006 6:08 PM 20 laws of Malaysia ACT 44 (5) any decision of the Registrar or an arbitrator under subsection (2) or, if there is an appeal against such decision, the decision as confirmed or varied by the Minister, shall be enforced in the same way as if the decision is a judgment of the Court Sessions.
(6) (a) any dispute that touched on the business of a State Association or fishermen's Associations and National arising between a Fishermen's association with Area Fishermen's association between a State or State Association with the National Association, shall be referred to the Registrar for decision.
(b) a claim by a State Association or the National Association for any debts or bills owed to him from an Association area or State Association, as the case may be, shall be deemed to be a dispute touching the Affairs of the Association.
(c) subsection (2), (3), (4) and (5) shall apply to the dispute as the provisions applicable to dispute resolution under subsection (1).
Case stated in respect of questions of law 18B. (1) Notwithstanding anything contained in section 18A, the Minister may at any time when an appeal made to him under that section refer any question of law arising in the course of proceedings relating to the appeal to the opinion of the High Court.
(2) the High Court shall hear and determine the question of law referred to it.
The authority to examine 19. The Registrar, or any person authorized by him in writing in that behalf, have the power to: (a) checking account and property of any association of Fishermen; and 044b.fm Page 20 Monday, March 27, 2006 6:08 PM Association 21 (b) hold an inquiry with respect to the course of business and the financial situation of the Association.
The power to suspend and dissolve 20. (1) if the Registrar is of the opinion that it is in the interests of the members generally in any area or State suspend the Constitution or rules of any Association area or State, he may by order in writing.
(2) as soon as the order under subsection (1) is made against a society, the Registrar shall cause an inquiry carried out in respect of the Association or in respect of any aspect of managing the Association.
(3) after an investigation under subsection (2) the Registrar may cancel the order is carried out the suspension or dissolution of the Association order as he may deem expedient.
(4) subject to any appeal made under section 21, order to dissolve an Association area or State shall become effective upon the expiry of three months after the date the order is published.
(5) an Association area or who is engaged by an order under this section shall be dissolved in accordance with rules made under this Act.
Appeal 21. Any person who is not satisfied with any order of the Registrar made under section 20 may appeal to the Minister within thirty days from the date the order is made and the Minister shall confirm or cancel the order; and decision of the Minister is final and shall not be questioned in any court.
Cannot conduct within suspension 22. In the time of suspension of an Association area or State is not valid for the Association conducts any business notwithstanding section 4:044b.fm Page 21 Monday, March 27, 2006 6:08 PM 22 laws of Malaysia ACT 44 provided that this section shall not hold the Association managed his affairs or carried out by a person or persons appointed under section 23.
Management within suspension 23. After an order has been made to suspend a Fishing area or State Association, the Registrar has the power to appoint a person or persons to manage the Affairs of the Association within the suspension until a new Board of directors or any officer of the Association elected or employed.
Annual meeting 24. The annual general meeting for every Association shall be held within 2 months after the close of each financial year of the Association or in a more as permitted by the Registrar or as may be prescribed by the Constitution or rules of the Association.
Audit 25. The Registrar shall be audited or audited by a person duly authorized by him by order in writing either General or special account every Association at least once in every year.
The right of access to the accounting and other records and 25A. (1) the Registrar or any person authorized by him in writing shall be entitled to have access at all times to the accounting records and any other records, including express, every Association and shall have power to — (a) summon any officer or former officer or agent or servants or members of the Association which he has reason to believe can provide information material on any 044b.fm Page 22 Monday , March 27, 2006 6:08 PM 23 Fishermen Association Association the transactions or about managing its affairs;
(b) require the submission, at the place and within the period specified by him, any book or document relating to the Affairs of the Association or any cash or securities belonging to the Fishermen Association officer or former officer or agent or servants or a member that has the books, documents, cash or the securities.
(2) where the winding up of a time Association or as a result of an audit under section 25 or as a result of an inquiry or inspection under section 19 found that any person who has participated in the establishment or management of the Association or any officer or former officer or agent or p e k h i d m a t t o a h l i t e r s a t u a n N e l a y a n i t u t e l a h abusing or save or be liable or responsible for any money or property of the Association or has been guilty for misfeasans or breach of trust in connection with the Association, the Registrar, upon his will own or upon the application of a person, the creditor or the liquidator, contributors can check the behavior of the person and can make an order that requires it to repay or return of money or property or any part thereof together with interest at the rate the Registrar may think fit or requires it to pay a sum of money as the Registrar may think fit to the assets P e r s a t u a n N e l a y a n i t u s e b a g a i p a r a s a n t e r h a d a p abuse, storage , dishonesty or breach of trust it; and such order shall be enforced in the same manner as if the order were a judgment of the Court.
Rules 26. (1) the Minister may make rules for the purposes of performing any of the provisions of this Act.
(2) without prejudice to the generality of subsection (1) rules made under this section may provide for any of the following: 044b.fm Page 23 Monday, March 27, 2006 6:08 PM 24 laws of Malaysia ACT 44 (a) the provisions that are required for the Constitution or rules of each Association;
(b) matters relating to suspension of the Association area or State;
(c) matters relating to the dissolution of an Association including the appointment of a person to settle the hutang-piutang any the Association ordered that dissolved; and (d) the establishment of a National Advisory Body for the purpose of coordinating such plans or plans made pursuant to any provision of this Act.
Regulations 27. (1) the Minister may make regulations for the purpose of implementing any provision of this Act.
(2) without prejudice to the generality of subsection (1) regulations made under this section may provide for any of the following: (a) the formation, establishment, management and supervision of associations of fishermen and the selection and dismissal of the officers of the Association;
(b) the system of auditing and accounting Association;
(c) the handling of plans supervised credit and the formation and function of the credit standing Committee members of the Association of fishermen.
Special powers of the Minister to exempt a Society from registration requirements, etc.
28. (1) Notwithstanding anything contained in this Act the Minister may, by order of the special for each case and subject to such conditions, if any, as may be imposed by it, exempt any Associations 044b.fm Page 24 Monday, March 27, 2006 6:08 PM 25 Fishermen Association of Fishermen from any of the requirements of registration under this Act.
(2) the Minister may, by General or special order, exempt any associations of Fishermen than any of the other provisions of this Act, or may direct that the provisions that apply to the Association from the date or by any modification as specified in the order.
Authority to exempt from duty or tax 29. In respect of an Association or such class association that the Minister of finance may reduce or remit by notification in the Gazette — (a) duties or taxes that may be payable under any law in force for the time being in respect of the profits of the Association or in respect of dividends or other payments received by members of the Association as profit;
(b) (Cut by the Act 478).
Are prohibited from using the word "Association" 30. (1) No person, organisation or association, other than the Association registered under this Act, can trade or Transact with any name or title that contains the word "Association" without the consent of the Minister: provided that nothing-nothing in this section may apply to the use by any person, p e r s a t u a n a t o p e r t u b u h a n a t o p e n g g a n t i n y a y a n g stakeholders any name or title that is used for business or business conducted at the time the Act comes into operation.
(2) any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars, and, for a continuing offence, to a fine of five dollars for each day the offence is continued.
044b.fm Page 25 Monday, March 27, 2006 6:08 PM 26 laws of Malaysia ACT 44 Trade Union law and the companies act not applicable 31. Any law in force in respect of trade unions and the companies Act 1965 [Act 125], shall not apply to any association that is registered under this Act.
Error 32. Any person who — (a) ignore or refuse to do any act or refuses to or does not provide any information required for the purposes of this Act or any rules made thereunder;
(b) give false information or make any statement is false about any matter required to be given or made under this Act or any rules made thereunder;
(c) not according to any request or a valid written order issued under this Act or any rules made thereunder; and (d) contravenes or fails to comply with any other requirements in this Act or any rules made thereunder, commits an offence under this Act and may be liable to a fine not exceeding one thousand dollars and, for a continuing offence, to a fine of fifty dollars for each day the offence is continued.
It makes entries in books of Association forms 32A. (1) a copy of any entry in any book that is usually kept in the course of business of an Association shall, if certified in such manner as may be prescribed by regulations, accepted in any legal proceeding, civil or criminal, as prima facie evidence of the existence of such entry and shall be accepted as evidence of the matters, transactions and accounts recorded 044b.fm Page 26 Monday, March 27, 2006 6:08 PM 27 Fishermen Association in it if , and to the extent the same as, the original entry itself can be accepted.
(2) No officer of any Association may, in any legal proceedings that the Association does not become a party to it, can be forced so m e n g e m u k a k a n m a n I a-m a n I a b u k u p e r s a t I o n s u i t u y a n g contents can be proved under subsection (1) or forced to appear as a witness to prove any matter , a transaction or account appearing therein, unless directed to do so by the Court of the specific reasons.
Amendment * 33. Farmers ' Association Act 1967 [Act 22 of 1967] notice is hereby amended — (a) by deleting the words "or in the mouth or in the sea" in the definition of "farmers" under section 2; and (b) by inserting the words "leveled" immediately after the words "fisheries" appearing in paragraph 5 (a).
Prohibition of registration of company cooperation 34 fishermen. After started the currency of this Act shall not be registered for any co-operative fishermen under the co-operative Societies Act 1948, the Companies Ordinance 1958 Cooperation Joint Companies Ordinance of Sabah and Sarawak, which is one of its main purpose or function is related to the fisheries production, marketing or processing of credit, or any commercial business ventures and such.
Forceful dissolution cost shall be borne by the Malaysian Fisheries Development Board 35. If under any rules made under section 26, any existing fishermen cooperatives * NOTE — Act 22 of 1967 has now been removed — see section 36 farmers ' organisation Act 1973 [Act 109].
044b.fm Page 27 Monday, March 27, 2006 6:08 PM 28 laws of Malaysia ACT 44 on the commencement of this Act are required to dissolved forcibly expenses of winding up the partnership as a consequence of the rules shall be paid by the Malaysian Fisheries Development Board as if such expenses have been made in exercise of the powers and functions.
36 this Act shall apply. After the commencement of this Act — (a) if there is a conflict between the provisions of this Act or any regulations made thereunder by co-operative Societies Act 1948, joint Companies Ordinance 1958 Sabah or Sarawak joint Companies Ordinance, this Act or any regulations made thereunder shall apply;
(b) the Director General of the Malaysian Fisheries Development Board shall, on co-operative fishermen, deemed to be the Registrar for cooperatives under the co-operative Societies Act 1948, joint Companies Ordinance 1958 Sabah or Sarawak joint Companies Ordinance, as the case may be, and shall be vested and may exercise all or any of the powers of the Registrar;
(c) with respect to cooperatives, fishermen in any form of the word "Minister" there is in the co-operative Societies Act 1948, the Companies Ordinance 1958 Cooperation Company Ordinance of Sabah and Sarawak, the word is Partnership shall be deemed to refer to the Minister of agriculture and agro-based industry and the definition of the word "Minister" shall be deemed to be modified as far as that.
044b.fm Page 28 Monday, March 27, 2006 6:08 PM 29 laws of MALAYSIA Act 44 FISHERMEN ASSOCIATION ACT 1971 LIST AMENDMENT of laws that amend the short title effect from A103 Act Association Act (Amendment) Act 1972 01-04-1972 Act A261 Association fishermen and fisheries development authority of Malaysia (Amendment) Act 1974, 16-08-1974 P.U. (A) 357/1980 order of the subordinate Courts Act (extension) 1980 01-06-1981 Act A694 Fishermen Association Act (Amendment) 1988 01-07-1988 Act 478 Act revocation of Exemption from payment of stamp duty-Duty 1992 21-02-1992
P.u. (A) 206/2004 Ministers of the Federal Government (No. 2) order 2004 27-03-2004 044b.fm Page 29 Monday, March 27, 2006 6:08 PM 30 laws of MALAYSIA Act 44 FISHERMEN ASSOCIATION ACT 1971 LIST of SECTION AMENDED Section Power amend with effect from 2 Act A261 16-08-1974 Act A694 01-07-1988 5 Act A103 01-04-1972 Act A694 01-07-1988 6 Act A261 16-08-1974 Act A694 01-07-1988 10 A694 Act 01-07-1988 11 A694 Act 01-07-1988 11A A694 Act 01-07-1988 12 Act A103 01-04-1972 Act A694 01-07-1988
13 Act A694 01-07-1988 13A A694 Act 01-07-1988 13B A694 Act 01-07-1988 14 A694 Act 01-07-1988 18 Act A103 01-04-1972 Act A694 01-07-1988 044b.fm Page 30 Monday, March 27, 2006 6:08 PM Association 31 18A Act A103 01-04-1972 18B Act A103 01-04-1972 19 A694 Act 01-07-1988 21 Act A103 01-04-1972 24 Act A694 01-07-1988 25 A694 Act 01-07-1988 25A A694 Act 01-07-1988 26 Act A694 01-07-1988 27 Act A103 01-04-1972 Act A694 01-07-1988 28 Act A694 01-07-1988 29 Act A694 01-07-1988 Act 478 12-02-1992 forms 32A A694 Act 01-07-1988 34 Act A261 16-08-1974 35 A261 Act 16-08-36 Act 1974 A261 16-08-1974 Act A694 01-07-1988 P.U. (A) 206/2004 27-03-2004 Section Power amend the effect from 044b.fm Page 31 Monday, March 27, 2006 6:08 PM