Malaysian Fisheries Development Board Act 1971

Original Language Title: Lembaga Kemajuan Ikan Malaysia Act 1971

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Malaysian fisheries development authority of MALAYSIA 1 REPRINT Act 49 the MALAYSIAN FISHERIES DEVELOPMENT BOARD ACT 1971 As at 1 February 2013 ISSUED by COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2013 2 laws of Malaysia Act 49 the MALAYSIAN FISHERIES DEVELOPMENT BOARD ACT 1971 Royal Assent Date......... September 27, 1971, the date of publication in the Gazette of ... ... more 30 September 1971, last amended through Act A1416 which commence on............ 1 July 2012 Reprint before Reprinting the first............ 1993 Reprint the second............ 1999 Third Re-printing............ 2006 Board of Malaysia 3 laws of MALAYSIA Act 49 the MALAYSIAN FISHERIES DEVELOPMENT BOARD ACT 1971 ARRANGEMENT of SECTIONS part i preliminary section 1. Short title, application and commencement 2. Interpretation part ii BOARD of MALAYSIA 3. Incorporation of the Board 4. Functions of the Board 5. Officers and servants of the Board 6. Fund 7. Borrow money 8. Investment 9. Accounts and Audit 10. Annual report of 10a. No one who has an interest may be appointed as a member or employed as officers or servants of the Board 10B. Disclosure of interest existing 10 c. A surcharge of 4 laws of Malaysia Act 49 part iii POWERS RELATING to ENFORCEMENT of section 11. To authorize the officer to exercise the powers under this section 11a. Enforcement at the entrance, quarantine station and quarantine premises 12. Power to enter premises 13. Authority to arrest, seize, investigate and prosecute 14. The power to stop and check 15. The power to take possession of part iV OFFENCES, PENALTIES and PROCEEDINGS 16. The offence of preventing the 17. Penalties am 18. Burden of proof 19. Power of court to seize 20. Jurisdiction of 21. Exclusion of part V GENERAL 22. Appeal against the decision of the Board 23. Rules 23a. Power to make disciplinary rules 23B. Termination in the public interest 24. Confidentiality and penalties 25. Public servants 26. Protection against legal proceedings first schedule second schedule of the Malaysian Fisheries Development Board 5 laws of MALAYSIA Act 49 the MALAYSIAN FISHERIES DEVELOPMENT BOARD ACT 1971 an act for incorporating the fisheries development authority of Malaysia and to make provision in respect of matters related to it.
[Peninsular Malaysia — 1 November 1971, P.U. (B) 378/1971;
Sarawak — 1 July 1973, P.U. (B) 269/1973; Sabah — 1 August 1995, P.U. (B) 358/1995] BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same as follows: part i preliminary short title, application and commencement 1. (1) this Act may be cited as the Malaysian Fisheries Development Board Act 1971.
(2) this Act shall apply throughout Malaysia.
(3) this Act shall come into force on such date as the Minister may, by notification in the Gazette, and different dates may be appointed for different parts of the State or in Malaysia.
6 laws of Malaysia Act 49 interpretation 2. (1) in this Act, unless the context otherwise requires — "Member" means any member of the Malaysian Fisheries Development Board including the Chairman, the Chairman of temporary and any temporary members appointed under subsection 3 (5);
"fish" includes any type of marine fish, brackish water fish or fresh water fish, shellfish-clams, water kerangan, flower corals, trepang and hidup-hidupan in water and the production of the same, but does not include turtle or turtle eggs;
"Director General" means the Director General of the Board appointed under subsection 3 (3);
"Fund" means the Fund established under section 6;
"Board" means the Board established under section 3;
"Minister" means the Minister responsible for fisheries;
"authorized officer" means an officer authorised under section 11;
"marketing" means the sale, purchase, collection, storage, transportation, processing, grading, packaging, advertising and promotion;
"Chairman" means the Chairman of the Malaysian Fisheries Development Board;
"Chairman" means a temporary Chairman of the Malaysian Fisheries Development Board appointed under subsection 3 (5);
"Association" means any Association established under the Association Act 1971 [Act 44].
Malaysian Fisheries Development Board 7 part ii BOARD of MALAYSIA incorporation of Board 3. (1) a body corporate called the Malaysian Fisheries Development Board (hereinafter referred to as "the Board") was established, which have perpetual succession and a common seal and may sue and be sued upon his name, and, subject to and for the purposes of this Act, may enter into contracts and have the power to acquire and hold property movable or immovable property and to dispose of it or otherwise make any arrangements about it.
(2) the first schedule to this Act shall have effect with respect to the Board.
(3) the Board shall consist of the following members appointed by the Minister: (a) a Chairman;
(b) a Director General;
(c) a representative of the Ministry of agriculture and agro-based industries;
(d) a representative of the Treasury;
(e) a representative of the Department of fisheries at the Ministry of agriculture and agro-based industries;
(f) a representative of the Economic Planning Unit, Prime Minister's Department;
(g) a representative of the Federal agricultural marketing authority; and (h) not more than 5 persons experienced and have demonstrated ability in matters relating to the fishing industry or marketing, finance or administration.
(4) the Minister shall appoint a person referred to in paragraph 3 (h) give consideration as to the needs of a wide range of interests and territory in Malaysia are represented.
8 laws of Malaysia Act 49 (5) a temporary Chairman or a member of the temporary appointed within the Chairman or Board Member temporarily incapacitated (either due to illness or are not in Malaysia or by any other reason), and the Chairman or a member in the meantime shall be appointed in a manner similar as the Chairman or a member appointed under this section.
(6) a member of the Board shall hold office for the term specified in the instrument of appointment unless he sooner resigns or the appointment is revoked, and shall be eligible for reappointment.
(7) the Minister may give the Board directions of a General in accordance with the provisions of this Act on the exercise of the functions and powers of the Board.
Functions Of The Board 4. (1) the function of the Board is — (a) to promote and develop effective and efficient management of fisheries and fish marketing industries;
(b) providing and overseeing the credit facilities for the production of fish and ensure that these facilities fully utilised;
(c) participate in the fisheries industry and for that purpose to take part in the construction of boats and production supplies and fishing equipment;
(d) encourage, stimulate, facilitate and pursuing economic and Social Development Association;
(e) register, control and supervise the associations of fishermen and provide about matters related to it; and (f) control and co-ordinate the implementation of activities referred to earlier.
Malaysian Fisheries Development Board 9 (2) the Board has the power to do all things reasonably necessary for or incidental to the carrying out of its functions under subsection (1) and in particular, but without prejudice to the generality of the aforesaid — (a) to institute regulations on marketing fish in particular with licensing of wholesale dealer, retail dealer, fish processors, importers and exporters;
(b) to prescribe and provide regulations on packaging, grading, weighing and storage of fish;
(c) to establish, to provide regulations on and, if necessary, manage, about an area, a sale and wholesale fish market where all transactions sell fish wholesale in the area will be carried out in accordance with procedures determined by the Board;
(d) prescribing the means, to provide regulations on entry, and procedures to be followed in, sale conducted in a sale and wholesale fish market, and if an auction sale held there, fixing the manner in which the sale is to be carried out;
(e) grant regulations on fish processing;
(f) prohibit, provide regulations on fish migration or control;
(g) require the person who takes part in the processing or marketing of fish that are registered and give in any way as determined by the Board of any information he deems necessary;
(h) appoints an agent for the purpose of carrying out its functions;
(i) impose fees or any other charges which it thinks fit to give effect to any of the powers or functions;
(j) received in return for services rendered by him of any Commission or fee as agreed;
10 laws of Malaysia Act 49 (k) with the approval of the Minister and the consent of the Minister of finance, to participate in equity, if that, in its opinion, it is necessary, appropriate or beneficial for or in connection with the carrying out of its functions;

(l) carry out any activity that is beneficial, as it considers necessary or appropriate to carry out its functions or in connection with, including the construction of fishing boats and handling of supplies and equipment production, fishing, transportation, packaging, processing, disposal of supplies, equipment and fishing items, staging, storage, sale in an auction and how other marketing in General for fish and for the management of such activity;
(m) perform all the functions and powers and perform all the duties that may be vested or delegated to it under or by virtue of any written law to another.
(2a) Notwithstanding paragraph (2) (a), licenses for importers and exporters of fish shall be issued by the Director General in accordance with quarantine and inspection and quarantine and inspection services Act Malaysia 2011 [Act 728].
(3) the Board may, with the approval of the Minister and the approval of the Minister of finance, from time to time — (a) to establish the Corporation under this subsection; and (b) establish or promote the establishment or expansion of companies under the companies Act 1965 [Act 125], with any name as the Board may think fit, to exercise, take care, conduct and manage any project, a scheme or enterprise that planned or undertaken by the Board in the exercise of its functions and if the Board to do so, the provisions of — (i) the second schedule except paragraph 4a; and (ii) of the companies Act, 1965, shall be respectively applicable to a corporation and the company.
Malaysian Fisheries Development Board 11 (4) in addition to and not as reducing its powers under subsection (3) the Board may, with the approval of the Minister and the approval of the Minister of finance, apply to be registered as a company under the companies Act, 1965 of a corporation that has been established under paragraph (3) (a) and if the Board do so — (a) the provisions of subparagraph 4a (1) and (2) only in the second schedule; and (b) where the Corporation is registered in such a way, the provisions of subparagraph 4a (3) and (4) only in the second schedule, and the companies Act, 1965, shall apply to the Corporation accordingly.
Officers and servants of the Board 5. (1) the Director General of the Board shall be responsible for the Administration and management of the day to day affairs of the Board and to carry out such duties and powers as may be entrusted or delegated by the Board or the Chairman when acting on behalf of the Board.
(2) the Board may appoint such officers and servants as he may deem necessary to carry out the Affairs of the Board efficiently.
(3) the officers and servants of the Board shall hold office for a period, receive salaries and allowances and subject to any conditions of service as may be prescribed by the Board with the approval of the Minister.
(4) the Director General shall have the power of an officer authorized under this Act.
Fund 6. (1) for the purposes of this Act a Fund (hereinafter called "the Fund") was set up to be administered and controlled by the Board — (a) that it will be — (i) any money allocated from time to time by Parliament;
12 laws of Malaysia Act 49 (ii) any money received by the Board in carrying out the functions of the Board under or in accordance with the provisions of this Act;
(iii) any funds obtained or arising from any progress, investment, mortgages, charges or debentures acquired by or vested in the Board;
(iv) money borrowed by the Board for the purpose of discharge of any liabilities or for the purpose of exercising any of its functions; and (v) all moneys or other property whether movable or immovable property that may in any way due to or vested in the Board;
(b) which of them will be paid — (i) all expenses (including capital expenditure) conducted by the Board in the exercise of functions and powers; and (ii) the money to repay any loan that has been given to the Board in accordance with its powers to borrow.
(1a) in subparagraph (1) (a) (v) shall not apply if any corporation that has been established under paragraph 4 (3) (a) is registered as a company pursuant to subsection 4 (4).
(2) before the beginning of June each year, the Board shall submit to the Minister an estimate of expenses (including expenses for development projects) for the following year in such form and contain such particulars as may be required by the Minister; and the Minister shall before the beginning of November of that year, told the Board the amount authorised for expenditure generally or the amount allowed for each description of expenditure.
(3) 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.
Fisheries development authority of Malaysia 13 borrow money 7. The Board may, in accordance with terms and conditions approved by the Minister of finance, borrow any amount required by the Board to carry out a function.
Investment 8. The assets of the Fund shall, to the extent that money is not required to be expended by the Board under this Act, be invested in such manner as approved by the Minister of finance.
Accounts and Audit 9. (1) the Board shall keep proper accounts and other records in respect of its proceedings and shall prepare a statement of accounts for each financial year.
(2) the accounts of the Board shall be audited by the Auditor General or another auditor appointed by the Board with the approval of the Minister.
(3) after the end of each financial year and as soon as the audited accounts of the Board, the Board shall cause to be a copy of the statement of account in such manner as may be required by the Minister sent to the Minister, together with a copy of any ynag views made by the Auditor General or any other auditor appointed under subsection (2) of any statement or on the accounts of the Board.
(4) the Minister shall cause to be a copy of every statement and the views laid before each Parliamentary Council.
Annual Report 10. The Board shall not later than the 30th day of June each year cause to be made and sent to the Minister a Report with respect to the activities of the Board during the years ago and contain any information relating to travel and Board policy as required from time to time by the Minister.
14 laws of Malaysia Act 49 no person who has an interest may be appointed as a member or employed as officers or servants of the Board 10A. (1) subject to subsection (2), no person shall be appointed as a member or employed as an officer or Board servants if he has any interest, directly or indirectly in — (a) an enterprise in which the Board has taken or proposes to take part in equity in accordance with paragraph 4 (2) (k);
(b) a corporation or company established, encouraged, extended or registered pursuant to subsection 4 (3) and 4 (4); or (c) a company or undertaking whom the Board or an enterprise, Corporation or company referred to in paragraph (a) or (b) proposes to make a contract or have made a contract which is still in force.
(2) Notwithstanding subsection (1) and subject to subsection (3), that person may be appointed as a member of the Board under paragraph 3 (3) (h) but at appointed him so, the Minister may impose any conditions or restrictions the Minister thinks fit.
(3) before a person appointed as a member or employed as an officer or Board of servants, he shall disclose in full — (a) to the Minister, if he will be appointed as a Member; and (b) to the Board, if he is to be employed as an officer or servants, any interest referred to in subsection (1), and when he appointed or employed, that person cannot earn any interest it again.
(4) subject to subsection 10B (1), a member who is appointed or an officer or servants employed contrary to subsection (1), or who, when appointed Board of Malaysia 15 or employed earn any interest it again, shall be cancelled immediately by the Minister whose appointment or occupation shall be terminated by the Board without notice, as the case may be.
(5) a Director, Member, officer or servants who contravenes this section, section 10B or any conditions or restrictions imposed under this section or under section 10B shall be guilty of an offence and shall, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding twenty-five thousand dollars or to both.
(6) for the purposes of this section and section 10B, the ownership or acquisition of an interest such as is mentioned in subsection (1) by a husband or wife or any of his children shall be deemed to give people, members, officers or servants in question an indirect interest.
Disclosure of interest existing

10B. (1) Every t iap ahl i, officers or servants who have any interest as is mentioned in section 10a (1) shall, within six months from the date of commencement of this section, disclose fully to the Board the fact of interest and type of the interest and the disclosure shall be recorded in the minutes of the Board and the Member may not at any time participate in any proceedings of the Board relating to the undertaking , industry, company, Corporation or contract in which he has an interest, and the officer or the servants shall stop running all powers and duties related to it, but a member, officer or the servants can continue to be — (a) a member is subject to any conditions or restrictions imposed by the Minister; or (b) an officer or servants, subject to any conditions or restrictions imposed by the Board.
16 laws of Malaysia Act 49 (2) If a member who has an interest is the Chairman, he shall be ceased to be the Chairman and one other Member shall be elected Chairman during the proceedings relating to the undertaking, industry, company, Corporation or contract in which he has an interest it.
(3) a member, officer or servants who contravenes this section shall be guilty of an offence and shall, on conviction, be liable to the punishment provided for in subsection 10a (5).
A surcharge of 10 c. (1) if it is found by the Board that any person who is or has ever worked with — (a) has failed to collect any money owed to the Board pemungutannya be its duties;
(b) is or ever be liable for any payment of money out of the Fund which should not be made or for any payment of money is not properly certified;
(c) is or ever was responsible, directly or indirectly, for any deficiency in, or for destruction, any moneys, stamps, securities, storage or other property of the Board;
(d) as, or while an accounting officer, failing or have failed to keep proper records or account;
(e) has failed to make any payment, or is or was once responsible for any late in payment, money from the Fund to any person to whom the payment is to be made under any contract, agreement or arrangement made between the person with the Board, the Board shall deliver a written notice to him requesting show cause why he should not be disurcajkan, and if the explanation does not satisfy the fisheries development authority of Malaysia 17 given , within the period of fourteen days from the date of delivery of the notice referred to earlier, to the Board with respect to the failure to collect, payments should not be made, payment is not verified properly, lack of or destruction of, or failure to keep proper records or accounts, or the failure to make payment, or late in making payment, the Board can mensurcajkan against that person an amount not exceeding the amount of any such amount not collected , any costs, lack of, or loss or the value of the property destroyed, as the case may be; and with respect to the failure to keep proper records or accounts, or the failure to make payment, or late in making payment, the Board can mensurcajkan against that person any amount as the Board may think fit.
(2) the Chairman shall cause the Director General informed of any surcharge made under subsection (1) and the Director-General shall thereupon notify the person who disurcaj it.
(3) the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if available otherwise that no surcharge should be made, and the Chairman shall immediately cause the Director-General to be notified of the withdrawal.
(4) the amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the Board of the person against whom a surcharge is made and may be prosecuted and be obtained in any court on the legal Board and can also be obtained through the deduction of — (a) from the salary of the person who disurcaj if the Board directs such; or (b) the pension of people who disurcaj if the Board so directs, with equal monthly instalments not exceeding one quarter of the total monthly salary or pension, as the case may be, that person.
18 laws of Malaysia Act 49 part iii POWERS RELATING to ENFORCEMENT to authorize the officer to exercise the powers under this section 11. (1) the Minister may authorize in writing to any public officer or officer of the Board to exercise the powers under this section.
(2) in the exercise of any power under this section the officer shall, upon request, submit to the person against whom action is taken by him under this Act or under any rules made thereunder, a letter of authority issued to him by the Minister.
Enforcement at the entrance, quarantine station and quarantine premises 11A. (1) Notwithstanding section 11, the enforcement in respect of fishing in the entrance, quarantine station and quarantine premises shall be carried out by enforcement officers appointed under the quarantine and inspection services Malaysia 2011 according to the powers under the Act.
(2) for the purposes of subsection (1), the "gateway", "quarantine station" and "quarantine premises" has the same meaning given to that expression in the quarantine and inspection services Malaysia 2011.
Power to enter premises 12. If any authorized officer or police officer has reasonable grounds to believe that an offence has been committed under this Act or under any rules made thereunder, such officer may enter any premises owned or occupied by any person and may conduct any research and examination (including research and inspection books) as it may deem necessary, and may seize the Malaysian Fisheries Development Board 19 and hold any book , document or other thing found in the premises who can provide evidence of an offence under this Act or under any rules made thereunder.
Authority to arrest, seize, investigate and prosecute 13. (1) any authorized officer or police officer may — (a) arrest without warrant any person whom he has reason to believe have committed an offence under this Act or under any rules made thereunder, if such person refuses to provide your name and address or if giving an address outside Malaysia or if there are reasonable grounds to believe that the person had given a false name or address or that he might escape : provided that when a person was arrested as mentioned earlier, the action shall be subsequently retrieved therefrom as provided by the law relating to criminal procedure in effect at this time; and (b) seize anything which he thinks should be seized in connection with the evidence necessary to prove the occurrence of such an offence.
(2) any authorized officer or any police officer not below the rank of Inspector may, with respect to any investigation in respect of any offence under this Act or under any rules made thereunder without the order of the public prosecutor, exercise special powers in relation to a police investigation, which is given by the law relating to criminal procedure in any seizable offence.
(3) any prosecution in respect of an offence under this Act or under any rules made thereunder may be exercised by an officer duly authorised.
20 laws of Malaysia Act 49 the power to stop and check 14. (1) where an authorized officer or police officer has a reasonable suspicion that a vehicle is bring any fish in contravention with any of the provisions of this Act or any rules made thereunder, shall law for the officer to stop and check the vehicle for the purpose of determining whether any fish is contained in it or is transferred or transported in contravention with the provisions of this Act or any rules made thereunder and those who control the or keep the vehicle shall, if required to do so by the officer, stop the vehicle and allow the officer can inspect them.
(2) those who control or care of any vehicle inspected under the provisions of this section shall, when requested by the authorized officer or police officer that, open up all parts of the vehicle for inspection by the officer and take all steps necessary to enable the officer to carry out any inspections he deems necessary.
The power to take possession

15. (1) If any authorized officer or police officer has reason to believe that a person is guilty of an offence under this Act or under any rules made thereunder, he may take possession of in such manner as it thinks fit, any fish in respect of which he has reason to believe that an offence has been committed or any car, vessel or other items that have been used to commit an offence or whom he has reason to believe is proposed to be used to do it.
(2) if any fish have been taken possession of under this section, the Director General of — (a) may, if he has reason to believe that an offence under this Act or under any rules made thereunder has been committed and criminal proceedings have been instituted against any fisheries development authority of Malaysia 21 people in connection with the offence, apply to a magistrate for an order that the fish is sold or disposed of and if fish is commanded to sale , the proceeds shall be kept until the completion of the criminal proceedings; or (b) may, in any other case, restore possession to the owner.
(3) if any cars, vessels or other goods had been taken possession of under this section, the Director General of — (a) may in its discretion, if he has reason to believe that an offence under this Act or under any rules made thereunder has been committed, return for temporary car, vessel or other goods to the owner when the guarantee is given to his satisfaction under car , vessel or other items that would be surrendered to him when requested; or (b) may, in any other case, restore possession to the owner.
(4) (a) the Director may in writing delegate its powers under subsection (2) and (3) to any authorized officers and may at any time revoke any such delegation.
(b) Notwithstanding such delegation, the Director-General may, if it thinks fit, exercise of the powers of such diwakilkannya.
Part iV OFFENCES and PENALTIES Offence PROCEEDINGS, preventing 16. A person who prevents or mengadang General Director, any authorized officer or police officer lawfully in the exercise of any of its powers under this Act or under any rules made thereunder shall be guilty of an offence under this Act.
22 laws of Malaysia Act 49 the General Penalty 17. (1) a person other than a body corporate, but including someone the Director or an officer of a body corporate, who commits an offence under, or who fails to comply with, any of the provisions of this Act or any rules made thereunder the penalty thereof not provided for expressly shall, on conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding fifteen thousand ringgit or both and , for the second time or time then, to imprisonment for a term not exceeding five years or to a fine not exceeding twenty-five thousand dollars or to both.
(2) a body corporate commits an offence under, or who fails to comply with this Act or any rules made thereunder shall, on conviction, to a fine not exceeding twenty-five thousand dollars and, for the second time or time then, to a fine not exceeding fifty thousand ringgit.
(3) where a person charged with an offence under any of the provisions of this Act or any rules made thereunder is a body corporate, every person who at the time of the offence committed was a Director or officer of the body corporate may be charged in association in the proceedings with the body corporate if the body corporate convicted of the charged with the , every Director or officer shall be deemed to be guilty of such offence unless he proves that it was committed without his knowledge or that he had taken all reasonable precaution measures to prevent the offence from being done.
(4) any person if liable to any penalty under any of the provisions of this Act or any rules made thereunder for any thing done or omitted if the matter has been done or is left by himself, shall be liable to the same penalty as if the matter were to be done or omitted by the partner, agent or pekhidmatnya, unless he proves that he has taken all reasonable precaution to prevent the matter from being done or omitted.
Malaysian Fisheries Development Board 23 burden of proof 18. (1) in any prosecution in respect of an offence under this Act or under any rules made thereunder upon a charge of doing an act that is unlawful unless the person who does the Act reserves the right to do so because he is the holder of a licence, permit or permission, permission, authority or exemption in writing mengehakkannya do the Act , is sufficient for the prosecution to say and prove that the person has committed the Act and the load shall then lie with the person accused is to prove that he was entitled to commit the Act.
(2) in any prosecution in respect of an offence under this Act or under any rules made thereunder, the production by a person conducting the prosecution of an original invoice or an invoice duplicates that have been proved to have been found in the possession of the seller shall, if the person conducting the prosecution requesting such, accepted as prima facie evidence of a sale by the seller and about all facts stated in the original invoice or the invoice duplicate it and either even the provisions of any law to the contrary for the time being in force, the burden to prove that the sale had not occurred or that a fact stated in the original invoice or the invoice duplicate is not like what stated that shall be on the person accused of that.
Power of court to seize 19. If a person is convicted of an offence under this Act or under any rules made thereunder, the Court may order the seized — (a) all or part of the revenue of the sale of any fish sold under section 15, in respect of which it was committed and that was seized by, or in other ways have come into the possession of the Director General or any authorised officer or police officer;
24 laws of Malaysia Act 49 (b) any vessel or goods car, other property belonging to the person accused of that used by him to carry the offense or was proposed to be used to commit an offence under this Act or under any rules made thereunder.
Jurisdiction of 20. Notwithstanding anything to the contrary in any written law to another, a sessions Court has jurisdiction to try any offence under this Act or under any rules made thereunder, and to award full penalties for any such offence.
Saving of 21. There are no such proceedings shall be instituted under this Act against any person properly authorized for that purpose by the Director General, if that person has knowingly do or leave from doing an act which remains an offence if not for the provisions of this seskyen provided that the person has committed or has left from doing the Act intentionally want to get evidence for the purpose to be the vendor claimed on an offence under this Act or under any rules made thereunder.
Part V GENERAL Appeals against the decision of the Board 22. If according to the provisions of this Act or any rules made thereunder a licence is required for the processing or marketing of any fish, any person aggrieved by the refusal of the Board to issue the Malaysian Fisheries Development Board 25 or renewal or revocation of the license by the Board, or by the imposition of conditions on the licence, may within thirty days from the decision diberitahukan to him in writing appealed to the Minister and the Minister's decision is final.
Rules 23. The Board may with the approval of the Minister make rules generally for carrying out the provisions of this Act, and in particular but without prejudice to the generality of article referred to earlier, the rules may — (a) to institute regulations on the control and management of any assistance (whether financial or otherwise) that can be given to fishing enterprises;
(b) prescribing any fees or costs that are necessary for the purposes of this Act;

(c) with the approval of the Minister of finance to make provision for setting up and managing a provident fund contribution for the officers and servants of the Board, or to pay pensions, allowances or gratuities to officers and servants utter upon retirement or otherwise ceased to hold office as such officers and servants;
(d) prescribing any matter required to be prescribed by this Act; and (e) stipulates that any act or omission in contravention with the provisions of any such method shall be an offence.
Power to make disciplinary regulations 23A. (1) the Board may, with the approval of the Minister, make any disciplinary regulations as he may deem necessary or expedient to provide disciplinary officers and servants on board.
26 laws of Malaysia Act 49 (2) of the disciplinary regulations made by the Board under this section may contain provisions on hold the work with reduction of salary or other remuneration, or provide for suspension work without salary or other remuneration, an officer or the Board of servants pending disciplinary proceedings have been completed.
(3) the disciplinary regulations made under this section shall create any disciplinary offence and provide about any disciplinary punishment as may be thought fit by the Board, such allotted and the sentence may include dismissal or demotion.
(4) the disciplinary regulations made under this section shall, in establish a procedure for disciplinary proceedings, giving person against whom disciplinary proceedings taken the opportunity to make representations against the disciplinary charge made against him before the decision was reached by the Disciplinary Committee, except in the following matters: (a) If an officer or Board servants dismissed or lowered promoted by reason of the conduct in respect of which a criminal charge has been proved against him;
(b) if the Board, on the recommendation of the Minister charged with the responsibility for internal affairs, is satisfied that in the interest of the security of Malaysia or any part thereof is not expedient to carry out the requirements of this subsection; or (c) if it has been made against an officer or the Board of servants of any detention order, supervision, residential limited, banishment or deportasi, or if there has been imposed on an officer or servants Board any form of restriction or supervision by bond or otherwise, under any law relating to the security of Malaysia or any part thereof, crime prevention, preventive detention, residential limited, banishment, immigration or protection of women and girls.
Malaysian Fisheries Development Board 27 (5) of the disciplinary regulations made under this section shall provide on the procedure for the hearing of an appeal against the decision of the Disciplinary Committee.
(6) for the purposes of this section, "officer" includes the Director General.
Termination in the public interest 23b. (1) where the Board found or if the representations made to the Board that is desirable service of an officer or termination of the servants in the public interest, the Board may request the full report of the senior officer or officers servants against whom the representation is made which shall contain such particulars in relation to work and conduct officer or the servants.
(2) where, after considering a report received under subsection (1), the Board is satisfied that having regard to conditions of service, usefulness of the servants or officers, work and conduct officer or the servants and all other circumstances of the case, it is desirable in the public interest to do so, the Board may terminate the service of officials or servants of the effect from a date to be determined by the Board.
(3) is valid in law for the relevant disciplinary committee to recommend to the Board such that the service of an officer or servants that terminated in the public interest even if disciplinary proceedings have not been carried out under this Act and the Board may terminate the service of officials or servants of the same.
(4) Notwithstanding anything in this Act and any other laws to the contrary, in terminating the service of an officer or servants in the public interest under this section, the officer or the servants need not be given any opportunity to be heard and an officer or servants that his service was terminated in the public interest under this section shall not be deemed to have been dismissed , regardless of whether termination of service 28 laws of Malaysia Act 49 officers or servants that involves an element of sanction in connection with conduct relating to his Office which is considered by the Board unsatisfactory or should be blamed.
Confidentiality and penalties 24. (1) except for the purposes of this Act or for the purposes of a criminal proceedings under this Act, no Member, officer or Board servants may disclose any information relating to any one business which has been found by him while performing his duties and who is not published in accordance with this Act.
(2) a person who knowingly contravenes subsection (1) shall be guilty of an offence and shall on conviction liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year.
25 public servants. All members, officers and servants of the Board and any officer authorized shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Protection against legal proceedings 26. (1) no such action, suit, prosecution or other proceedings can be brought or instituted against a member of the Board or against officers or servants who are appointed by the Board in respect of any act done or statement made bona fide in according to or perform or proposed implementation of this Act.
(2) If a person is exempt from the liability merely because the provisions of this section, the Board shall be liable to the extent that it would be liable if the person is a servants or agents of the Board.
Malaysian Fisheries Development Board 29 the first schedule [section 3] 1. (1) a member of the Board (other than the Chairman) shall be deemed to have vacated his post if he fails to attend three consecutive meetings of the Board without written permission of the Chairman.
(2) shall be paid to the members of the Board or to any member as determined by the Minister, after berundinng with the Minister of finance, any salary, remuneration or allowance as determined by the Board.
2. (1) the Board may appoint committees for any purpose arising from or in connection with any of the powers, duties and functions under this Act; any Committee so appointed shall include not less than one member of the Board, and may be appointed to the Committee any other persons as the Board may think fit.
(2) any Committee appointed under subparagraph (1) may appoint one or more sub-committees; any such appointed Sub-Committee shall include not less than one member of the Committee that appointed him, and may be appointed to the Subcommittee that any other persons as the Committee may think fit that appointed him.
(3) any Committee or Sub-Committee appointed such shall meet any instructions given to him from time to time by the Board, and the Board may at any time discontinue or modify the membership of any Committee or Sub-Committee appointed such.
(4) may be paid to a member of any Committee or Sub-Committee of such remuneration or allowance as determined from time to time by the Board with the approval of the Minister.
(5) the Board, Committee or Sub-Committee may, respectively, invite any person who, in his opinion, have special knowledge beneficial to him, to attend any meeting of the Board, Committee or Sub-Committee and the man who invited such shall not be entitled to vote in any such meeting.
(6) any minutes of any meeting of any Committee or Subcommittee may, if duly signed, admissible in evidence in all legal proceedings without further proof and every meeting shall be deemed to have been duly convened and held and all members of the Committee or Sub-Committee present at the meeting shall be deemed to have been duly qualified to act.
30 laws of Malaysia Act 49 3. (1) there shall be a Committee of the disciplinary board shall consist of two members who shall be elected by and from the members of the Board, one of whom shall be elected as Chairman, and the Director-General appointed under subsection 3 (3).
(2) the disciplinary authority in respect of every such officers and servants of the Board, other than the Director-General, are the Disciplinary Board established under subparagraph (1).

(3) the disciplinary authority in respect of the Director-General was the Disciplinary Committee which shall consist of the Secretary General of the Ministry of agriculture and agro-based industry as the Chairman and two members who shall be elected by and from the members of the Board.
(4) the Director General shall not be a member of the Disciplinary Committee in any proceeding before the Committee in which he became the complainant; the place shall be taken by a member shall be elected by and from the members of the Board.
(5) in the exercise of its functions, the Disciplinary Committee shall have the authority to impose any disciplinary punishment as provided under any regulations that may be made under section 23a.
(6) the Disciplinary Committee may, subject to subparagraph (7), delegate any functions, powers or duties to any of its committees officers or servants of the Board, in respect of any officer or certain servants of the Board or in respect of any class or category of officers or servants of the Board, and the Committee to which has been delegated functions, powers or duties of such shall perform, carry out or he fulfilled under the direction or control of the Disciplinary Committee shall have the power to repeat the study , delete or amend any decision or finding of such Committee.
(7) no representation can be made under subparagraph (6) to allow an officer or the Board's servants became a member of a Committee may exercise such disciplinary authority over the officials or servants rank higher from it.
(8) a decision of the Disciplinary Committee established under subparagraph (1) shall be appealable to the disciplinary Appeal Board established under paragraph 3a.
(9) a decision of the Disciplinary Committee established under subparagraph (3) shall be appealable to the Minister.
(10) the disciplinary Appeal Board or the Minister, as the case may be, may affirm, reverse or vary the decision of the Disciplinary Committee.
(11) the decision of the Disciplinary Appeal Board or the Minister under subparagraph (10) is final and conclusive.
Malaysian Fisheries Development Board 31 3A. (1) there shall be a Board of Disciplinary Appeals Board which shall consist of the following members: (a) the Chairman who shall be the Chairman of the disciplinary board of Appeal and shall have a casting vote; and (b) three members of the Board, who is not a member of the Disciplinary Committee whose decision is the matter of the appeal, which shall be appointed by the Chairman of the disciplinary board of Appeal with the approval of the Board for the purposes of the appeal.
(2) when the disciplinary Appeal Board consider sesutau appeal made under paragraph 3, a member of the Disciplinary Committee against appealed from who is also member of the Board may not be present on or in any way participate in any proceedings in respect of the appeal.
4. (1) a quorum for Board meetings is four.
(2) in all meetings of the Board the Chairman or, if he is missing, the Chairman, or if both the Chairman and the Chairman while there, any Member elected by the members present, shall preside at the meeting.
(3) where on any question to be determined by the Board there are the same number of votes, the Chairman or the Chairman of the many temporary shall have the casting vote.
(4) subject to subparagraph (1), (2) and (3), the Board shall establish its own procedure.
5. (1) the Board shall have a common seal and such seal may from time to time be broken, changed, altered or made anew as the Board thinks fit: provided that until a seal is provided for under this paragraph, a stamp bearing the words "FISHERIES DEVELOPMENT AUTHORITY of MALAYSIA" may be used as a seal.
(2) the common seal of the Board shall be authenticated by either the Chairman or any other person authorized by the Board or by any officer authorized by one of them in writing; and all deeds, documents and other instruments purporting to be sealed with the seal of the certified as aforesaid shall, until the contrary is proved, be deemed to have been validly executed legal;
Provided that any document or instrument which if executed by a person not being a body corporate may not be required to be sealed can, in a way similar, executed on behalf of the Board by any of the officers or servants of the Board authorized generally or specially by the Board for that purpose.
32 laws of Malaysia Act 49 the second schedule [section 4] 1. On or before the date of a corporation established under section 4, the Board shall make regulations in respect of the Corporation stating — (a) the purpose and objectives of the Corporation is established;
(b) the rights, powers, duties and functions of the Corporation;
(c) its management system; and (d) the relationship between the Corporation with the Board and its rights to control the Corporation.
2. Subject to the provisions of this Act, a corporation shall be bound by any regulations made under paragraph 1 in respect of the Corporation and the regulations shall become effective for all purposes as if it had been made in this Act.
3. The Board may at any time amend, cancel or add to any regulations made under paragraph 1 in respect of a corporation.
4. (1) the Board may direct that any corporation established by him wound up and dissolved.
(2) when a corporation dissolved under this paragraph assets of the Corporation shall be transferred and vested in the Board after all their dependents as described.
(3) the winding up of a corporation under this paragraph shall be made in such manner as may be prescribed by the Board.
4A. (1) Notwithstanding the provisions of paragraph 4, the Board may, pursuant to subsection 4 (4), apply to be registered as a company under the companies Act, 1965 of a corporation that has been established under paragraph 4 (3) (a) without wind up and dissolve the Corporation in advance.
(2) in applying for such a corporation to be registered as a company, the Board shall comply with the companies Act 1965, and this Act shall not be construed as a derogation from the Registrar of companies under the Act.
(3) where a corporation is registered as a company under the companies Act 1965, the Corporation shall be deemed to be dissolved, and — (a) all the powers, rights, privileges, obligations or liabilities immediately before registration is the power, right, privilege, obligation or liability of the Corporation should be down to the company;
Malaysian Fisheries Development Board 33 (b) all assets and movable and immovable property which immediately before registration has been vested in the Corporation or any person acting on behalf of such corporation shall, notwithstanding the provisions of subparagraph 4 (2), vested in the company without any transfer of rights, assignment or transfer of title and the company shall be , in respect of all immovable property, apply to the registration authority concerned to pick an entry which means that;
(c) all deeds, bonds, agreement, instrument and arrangement work available immediately before registration for the benefit of or against the Corporation shall be in force and effect for the benefit of or against the company and may be effected with fully and effectively as if the company, instead of the Corporation or any person acting on behalf of the Corporation, has been named or become a party it; and (d) any proceedings, whether civil or criminal, or any reason action pending or existing immediately before registration by or against the Corporation or by or against any person acting on behalf of the Corporation may be continued or brought by or against the company as it may be continued or brought by or against the Corporation.
(4) If any trouble arises or anomalies concerning the transitional provisions contained in this paragraph, the Minister may, after consultation with the Minister in charge of the company, by order make such modifications which in his opinion is necessary to eliminate or prevent, solve difficulties or anomalies that but the Minister cannot exercise the powers conferred under this subparagraph after the expiration of two years from the registration of a corporation as a company pursuant to subsection 4 (4).
5. Every corporation established under section 4 shall be a body corporate by any name conferred upon him by the Board and shall have perpetual succession and a common seal and may sue and be sued upon his name, and can enter into contracts and can hold and make any business of any movable or immovable property and may do any other things that are incidental or with respect to a body corporate in accordance with the provisions of this Act and subject to such restrictions or limitations as may be prescribed for each by the Board.

6. (1) Every such corporation shall have a common seal, which contains a design as approved by the Corporation with the approval of the Board, and such seal may from time to time be broken, changed, altered and made anew by the Corporation, with the approval of the Board as the Corporation may think fit.
34 the laws of Malaysia Act 49 (2) until a seal is provided by the Corporation under this paragraph a stamp bearing the name of the Corporation can be used as its common seal.
(3) the common seal or stamp mentioned in subparagraph (2) shall be kept in the custody of any person directed by the Corporation and shall be authenticated by the person; and all deeds, documents and other instruments purporting to be sealed with such seal and authenticated as aforesaid, shall be deemed to have been validly executed until akasnya proved to be valid: provided that any document or instrument which if executed by a person not being a body corporate shall not be required to be stamped with the seal, may be executed by the Corporation in a way that also; or any other document or instrument may be executed on behalf of the Corporation by any officer or authorised servants of the Corporation generally or specially by the Corporation for that purpose.
Malaysian Fisheries Development Board 35 laws of MALAYSIA Act 49 the MALAYSIAN FISHERIES DEVELOPMENT BOARD ACT 1971 LIST AMENDMENT of laws that amend the short title effect from A201 Act Act fisheries development authority of Malaysia (Amendment) 1973 01-07-1973 Act A261 Association fishermen and fisheries development authority of Malaysia (Amendment) Act 1974, 16-08-1974 Act A376 Act fisheries development authority of Malaysia (Amendment) Act 1977 c. 2, 3, 4 and 6 : Peninsular Malaysia — 01-11-1971; Sarawak — 01-07-1973; s. 5: Peninsular Malaysia Sarawak & — 18-03-1977 Act A764 Act fisheries development authority of Malaysia (Amendment) 1990 01-08-1990 Act A1051 Act fisheries development authority of Malaysia (Amendment) Act 1999 01-09-1999 Act A1416 Act fisheries development authority of Malaysia (Amendment) 2012 01-07-2012 36 laws of Malaysia Act 49 laws of MALAYSIA Act 49 the MALAYSIAN FISHERIES DEVELOPMENT BOARD ACT 1971 LIST of SECTION AMENDED Section Power amend with effect from 2 A261 Act Act Act A201 A376 01-07-1973 16-08-1974 the peninsula — 01-11-1971 Sarawak — 01-07-1973 3 Act A201 A376 Act 01-07-1973 Peninsular Malaysia — 01-11-1971 Sarawak — 01-07-1973 4 A201 Act Act Act Act A261 A376 A1416 01-07-1973 16-08-1974 the peninsula — 01-11-1971 Sarawak — 01-07-1973 01-07-2012 5 Act A201 A376 Act 01-07-1973 Peninsular Malaysia — 01-11-1971 Sarawak — 01-07-1973 6 Act A376 Peninsular Malaysia — 01-11-1971 Sarawak — 01-07-1973 Board of Malaysia Power to amend Section 37 in effect from 10a Act A376 Peninsular Malaysia and Sarawak — 18-03-1977 10B Act A376 Peninsular Malaysia and Sarawak — 18-03-1977 10 c A764 Act 01-08-1990 11 A201 Act 01-07-1973 11a A1416 Act 01-07-2012
12 Act A201 01-07-1973 13 A201 Act 01-07-1973 14 A201 Act 01-07-1973 15 Act A201 A376 Act 01-07-1973 Peninsular Malaysia — 01-11-1971 Sarawak — 01-07-1973 16 Act A201 A376 Act 01-07-1973 Peninsular Malaysia — 01-11-1971 Sarawak — 01-07-1973 17 A201 Act 01-07-1973 18 A201 Act 01-07-1973 19 Act A201 A376 Act 01-07-1973 Peninsular Malaysia — 01-11-1971 Sarawak — 01-07-1973 38 laws of Malaysia Act 49 Section Power amend with effect from 20 A201 Act 01-07-1973 21 Act A201 A376 Act 01-07-1973 Peninsular Malaysia — 01-11-1971 Sarawak — 01-07-1973 22 A201 Act 01-07-1973 23 of the A201 01-07-1973 23a A764 Act Act A1051 01-08-1990 01-09-1999 23B A1051 Act 01-09-1999 24 Act A201 01-07-1973 25 A201 Act 01-07-1973 26 Act A201 01-07-1973 first schedule of Act A764 A1051 Act 01-08-1990 01-09-1999 the second Table Act A376 Peninsular Malaysia — 01-11-1971 Sarawak — 01-07-1973