Malaysian Palm Oil Board Act 1998

Original Language Title: Malaysian Palm Oil Board Act 1998

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JW230 Act 582 tiny Malaysian Palm oil Board 1 laws of MALAYSIA Act REPRINTING 582 MALAYSIAN PALM OIL BOARD ACT 1998 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2011 2 laws of Malaysia ACT 582 MALAYSIAN PALM OIL BOARD ACT 1998 the date of Royal Assent.................. June 25, 1998, the date of publication in the Gazette............ July 9, 1998, Malaysian Palm oil Board 3 laws of MALAYSIA Act 582 MALAYSIAN PALM OIL BOARD ACT 1998 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II ESTABLISHMENT of BOARD 3. The Board and the goal 4. Functions of the Board 5. Powers of Board 6. Membership of the Board 7. The term of Office 8. Alternate member 9. Temporary exercise of functions of the Chairman 10. Revocation and resignation of 11. Vacation of Office 12. Member of the Board not liable 13. Public authorities Protection Act 1948 14. Public servants 15. Power of Minister to give directions 16. Statements, reports, accounts and information 17. Delegation of functions, powers and duties of Board 18. The Board may establish committees 4 laws of Malaysia ACT 582 PART III DIRECTOR GENERAL, officers and SERVANTS of the BOARD section 19. Appointment of Director General 20. Powers and duties of Director General 21. Appointment of officers and servants 22. The power of giving loans and make advances to officers and servants 23. Delegation of duties of Director General 24. The Disciplinary Committee 25. Appeal against the decision of the Disciplinary Committee 26. Powers of the disciplinary regulations 27. The imposition of a surcharge 28. Notification of the surcharge 29. The withdrawal of a surcharge of 30. Get a surcharge 31. Membership of the Board in special cases PART IV FINANCIAL 32. 33 Fund. Expenses shall be charged on the Fund 34. Conservation Fund 35. Cess on Palm oil output 36. Expenditure and preparation of estimates 37. Act statutory bodies (accounts and annual reports) 1980 part V POWERS and OTHER FUNCTIONS of the BOARD 38. Power to borrow 39. 40 investment. Commercialization of research findings the Malaysian Palm oil Board 5 Section 41. Power to employ agents, etc.
42. power to grant loans 43. The power to establish the Corporation PART VI ENFORCEMENT of 44. The grant of power to 45. Power of investigation of 46. The power of arrest 47. Search with warrant 48. Search without warrant 49. The power to stop and search vehicles 50. List of things seized 51. Power to enter the premises of 52. Temporary return of vehicle, etc.
53. The sale and disposal of palm oil products seized 54. Palm oil output, etc., seized can dilucuthakkan 55. Property rights of palm oil products, etc., that dilucuthakkan 56. Forfeiture or release of palm oil products, etc., seized 57. Claims for oil palm products, etc., seized 58. The release of palm oil products, etc., seized PART VII GENERAL 59. Palm oil industry regulation 60. The appointment of analyst 61. Inspection or testing proportional output of palm oil seized 62. The cost of holding oil palm products, etc., seized 63. There are no costs or damages arising from seizure can be obtained 64. The extra power 65. Mengamang or preventing authorized officers an offence 6 laws of Malaysia ACT 66 Section 582. Duty of keep confidentiality 67. False information 68. Offences by body corporate 69. Penalties am 70. Abetment and attempt is punishable as an offence of 71. Compounding offences 72. Start and conduct of prosecution 73. Jurisdiction to try offences 74. Protection of 75 officers. Gift 76. The whistleblower protection 77. The power to make exceptions 78. Regulations 79. Confirmation of acts done in anticipation of the Act PART VIII REPEAL, SAVINGS and TRANSITIONAL 80. Abolition and liquidation of 81. The transfer of power, etc.
82. The transfer of the assets of 83. Existing contract 84. Transfer money in Fund 85. Membership of the Board-the Board dissolved 86. Continuation of officers and servants 87. Saving for license and 88. Continuation of application, etc., pending 89. Continuation of proceedings of civil and criminal 90. Sound in law or document about the dissolution of boards and the Institute dissolved 91. Continuation of the use of the names of 92. Prevention of anomalies of the FIRST SCHEDULE SECOND SCHEDULE Malaysian Palm oil Board 7 laws of MALAYSIA Act 582 MALAYSIAN PALM OIL BOARD ACT 1998 an act to abolish the Act of the Board of registration and licensing of palm oil (incorporation) Act 1976 and the Research and development of palm oil, 1979; to dissolve the Board of registration and licensing of palm oil, the Board of Research and development of palm oil and palm oil Research Institute of Malaysia; to establish the Malaysian Palm oil Board and to provide for matters connected therewith and to make better provision with respect to the Malaysian Palm oil industry.
[May 1, 2000, P.U. (B) 129/2000]
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 and commencement 1. (1) this Act may be cited as the Malaysian Palm oil Board Act 1998.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette and the Minister may prescribe different dates for different provisions in this Act.
8 laws of Malaysia ACT 582 interpretation 2. In this Act, unless the context otherwise requires — "this Act" includes any subsidiary legislation made under this Act;
"Member" means a member of the Board and includes an alternate member;
"oil palm planting material" means the seeds of palm oil, oil palm seedlings and plants from oil palm tissue;
"oil palm fruit" means oil palm fruit that have not been processed, either bertandan or tercerai;
"research findings" means any revenue from research and development activities and includes inventions and advances in any process, apparatus, machinery or techniques;
"the specified day" means the day of this Act, or if a different date is fixed for the coming into operation of different provisions of this Act, today in part VIII commencement;
"Palm oil" means any industry involved in oil palm cultivation, the production of palm oil products, and services related to it;
"analyst" means a person analyst appointed under section 60;
"Palm oil" means species of the genus Elaeis palma or any Palm genus that contains oil and includes this species hybrids, hybrids resulting from hybridization of species or mixed with any other species or hybrid plants, and this form of species or hybrids produced from genetic engineering;
"Palm oil products" means any product obtained directly from Palm or wholly or partly made or published from the release and includes palm oil, palm kernel, kernel bungkil Malaysian Palm oil Board 9 palms, shells for oil palm, palm fatty acid, oil palm planting material, oil palm fruit oil palm fibre, bunches, palm oil dregs, coconut palm fronds Palm trunks, roots, palm oil, palm oil-based fibreboard, paper pulp and palm oil-based chemicals and palm oil-based;
"vehicle" means any car, vessel, ship, aircraft or any other means of transportation, whether by air, sea or land;
"Director General" means the Director General of the Board appointed under section 19;
"Fund" means the Fund Malaysian Palm oil Board established under section 32;
"sea" includes inland waters;
"Board" means the Malaysian Palm oil Board established under section 3;
"Palm oil" means oil, either in the form of raw or processed, derived or extracted from perikarpa oil palm fruit, and includes oil, either in the form of raw or processed, derived or extracted from oil palm fruit kernel;
"authorized officers" means — (a) an officer of the Board authorized under section 44;
(b) a police officer not meteoric of Inspector; or (c) an officer of customs;
"Chairman" means the Chairman of the Board appointed under section 6;
"ses" means the Cess levied under section 35.
10 laws of Malaysia ACT 582 PART II ESTABLISHMENT of the Board and its goals

3. (1) There is established a body corporate called "Malaysian Palm oil Board" a permanent downhill for generations and have a common seal, which may sue and be sued on behalf of him and, subject to and for the purposes of this Act, may enter into contracts and can acquire, purchase, take, hold and enjoy any kind of movable and immovable property and may transfer, assign return, return, surrender, mortgage, charge, pledge, assign the mendemis, transfer or in any other way dispose of, or make any arrangements regarding, any movable or immovable property or any interest thereon which are vested in the Board, upon such terms as he thinks fit.
(2) the objective of the Board is — (a) to promote and develop the Malaysian Palm oil industry; and (b) to develop the goals, policies and national priorities for the development and administration of the Malaysian Palm oil industry in a way that properly.
(3) the provisions of the first schedule shall apply to the Board.
Functions Of The Board 4. Function of the Board is — (a) to implement development policies and programmes to ensure the viability of the Malaysian Palm oil industry;
(b) to carry out and promote research and development activities relating to the production, cultivation, harvesting, extraction, processing, storage, transportation, application, use and marketing of palm oil and palm oil products;
(c) to plan, coordinate, implement and monitor the Malaysian Palm oil Board 11 all activities of research and development of palm oil and palm oil products;
(d) to regulate, register, co-ordinate and promote all activities relating to the supply, cultivation, sale, purchase, distribution, movement, storage, measurement, testing, inspection, brokerage, exportation and importation of palm oil products, and manufacture of oil palm fruit;
(e) to develop and commercialize the research findings for the benefit of the palm oil industry and to promote the application of research findings on a commercial basis;
(f) to provide technical service, advice and consultation for the palm oil industry;
(g) to promote marketing and efficient handling of palm oil products;
(h) to develop and maintain a market for Palm oil products;
(i) to promote, control and monitoring measures in order to achieve high quality for Palm oil products;
(j) to plan and implement training programmes and human resources development in accordance with the requirements of the palm oil industry;
(k) to get in touch and make coordination with other bodies within or outside Malaysia to enhance Malaysia's palm oil industry;
(l) to carry out research and development of oil seed and oil and fat other than Palm oil if the research and development aimed at improving the palm oil industry;
(m) to collect information and maintain records of all matters relating to the palm oil industry;
(n) to be the resource centre and information for the palm oil industry;
12 laws of Malaysia ACT 582 (o) to publish or organize the publication of journals, periodicals, booklets and other publications and to collect, collect the check and disseminate information relating to oil palm plantations, palm oil products and oils and fats of other plants and animals;
(p) to carry out research and development in any other fields if the results of the research and development aims to provide benefits to the palm oil industry; and (q) to do any other thing which he thinks fit to enable it to perform its functions effectively or incidental to the performance of its functions.
Power Board 5. The Board shall have power — (a) to operate and co-ordinate activities relating to research and development in the cultivation, production, harvesting, extraction, processing, storage, transportation, application, use and marketing of palm oil and palm oil products including waste oil palm and palm oil products, and services related to it;
(b) to impose fees or any other charges that may think fit for the use of any facilities relating to the research, investigation, testing, advisory services or any other services provided by the Board;
(c) to make any negotiations and agreements or arrangements it sees fit to perform its functions;
(d) to acquire, hold, dispose of or provide rights in relation to the results of any research undertaken by or for the Board or in connection with the results of any research undertaken by any person or organization;
Malaysian Palm oil Board 13 (e) to Commission any person or body to carry out research or development, or both of each;
(f) to provide a certificate of competence in respect of training programmes and qualified program;
(g) to operate and coordinate any activities that it considers necessary for the purpose of protecting and advancing the interests of the Malaysian Palm oil industry;
(h) to regulate the palm oil industry, including by implementing the scheme of registration and licensing;
(i) to set standards or grade palm oil and palm oil products; and (j) to do any other thing which he thinks fit to enable it to perform its functions effectively or incidental to the performance of its functions.
Membership Of The Board 6. The Board shall consist of the following members who shall be appointed by the Minister: (a) a Chairman;
(b) a representative of the Ministry charged with the responsibility for the palm oil industry, nominated by the Secretary General of the Ministry;
(c) a representative of the Treasury, nominated by the Secretary General of the Ministry of finance;
(d) a representative of the Ministry charged with the responsibility for industrial development, nominated by the Secretary General of the Ministry;
(e) a representative of the Federal land development authority established under the land development Act 1956 [Act 474], named by the Chairman of the Board;
(f) a representative of the smallholder sector oil palm industry;
(g) two representatives of the palm oil producers;
14 laws of Malaysia ACT 582 (h) a representative of the manufacturer of palm oil;
(i) a representative of the palm oil filter;
(j) a representative of the oleochemical industry;
(k) four persons who, in the opinion of the Minister, to contribute to the development of the palm oil industry; and (l) the Director-General.
The term of Office 7. Subject to any conditions specified in the instrument of appointment, a member of the Board shall, unless he first put or clear his Office or his appointment is sooner revoked, hold office for a term not exceeding two years and shall be eligible for re-election.
Alternate member 8. (1) the Minister may, in respect of each member appointed under paragraph 6 (b) and 6 (k), appoint an alternate member to attend, in lieu of the Member, Board meetings could not be attended by the Member for any reason.
(2) an alternate member to be appointed in respect of a member appointed under paragraph 6 (b) and 6 (k) shall alternate member nominated by persons specified in paragraphs of it.
(3) when a person attend Board meetings alternate member shall for all purposes be deemed to be members of the Board.
(4) an alternate member shall, unless he first put his membership or his appointment is sooner revoked, cease to be an alternate member when the Member for whom he is alternate member cease to be a member of the Board.
Malaysian Palm oil Board 15 temporary exercise of functions of the Chairman 9. (1) if the Chairman is for any reason unable to perform the functions of the Chairman or during any period of vacancy the Chairman, the Minister may appoint any member of the Board other than the Director-General to implement the functions of the Chairman.
(2) until an appointment under subsection (1) is made or, if no such appointment or absence of the Chairman at any meeting of the Board, the members appointed under paragraph 6 (b) shall perform the functions of the Chairman.
(3) a member appointed under subsection (1) or Member referred to in subsection (2), as the case may be, shall, within the period of he function of Chairman under this section are deemed to be Chairman.
(4) If at any meeting of the Board Chairman and the person carrying out the functions of the Chairman in the absence of both, the members present shall elect one from amongst the members present to chair the meeting.
Revocation and resignation of 10. (1) the appointment of any Member may at any time be revoked by the Minister without assigning any reason therefor.
(2) a member may at any time resign his Office by giving notice in writing to the Minister.
Vacation of Office 11. (1) the Office of a member of the Board shall be vacated: (a) if he dies;
(b) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;

16 laws of Malaysia ACT 582 (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years;
(c) if he becomes bankrupt;
(d) if he is of unsound mind or otherwise is unable to meet its obligations;
(e) if he fails to attend three consecutive meetings of the Board without the permission of the Chairman or, in the case of the Chairman, without the consent of the Minister;
(f) if his resignation is accepted by the Minister; or (g) if his appointment is revoked by the Minister.
(2) if any person cease to be a member by virtue of any provision of this Act, another person shall be appointed to replace it in accordance with section 6 and 7.
The Board does not assume liability 12. No member of the Board may be liable himself for any loss or damage caused by an act in administering the Affairs of the Board, unless the loss or damage is caused by an act that intended by him.
Public authorities Protection Act 1948 13. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding of the Board or of any Member, officer, agent or servants of the Board in respect of any act, neglect or default made or done by him upon such property.
Malaysian Palm oil Board 17 public servants 14. Every Member of the Board or any of its committees or any of its officers, servants or agents of the Board, while on his duties as members, officers, servants or agents of the Board, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Power of Minister to give directions 15. (1) the Board shall be responsible to the Minister.
(2) the Minister may give general instructions that are consistent with this Act and the Board shall, as soon as possible, implement such instructions.
Statements, reports, accounts and information 16. (1) the Board shall give to the Minister, and any public authority as directed by the Minister, any statement, report, account and information about the property and its activities as required or directed by the Minister.
(2) without prejudice to the generality of subsection (1), the Board shall, as soon as practicable after the end of each financial year, cause to be made and sent to the Minister and, if directed by the Minister, to any other public authority, a report which deals with the activities of the Board during the previous financial year and the report shall be in such form and shall contain any information relating to the proceedings and the Board policy as determined by the Minister.
Delegation of functions, powers and duties of Board 17. (1) the Board may, subject to such conditions, limitations or restrictions as it thinks fit to impose, delegate any functions, powers or duties, except the powers to borrow money, provide loans, set up Corporation or make regulations, to — 18 laws of Malaysia ACT 582 (a) any member of the Board;
(b) any Committee established by the Board; or (c) any officers or servants of the Board, and any functions, powers or duties so delegated may be exercised, performed or met by the members, officers or servants, as the case may be, in the name and on behalf of the Board.
(2) a delegation under this section shall not prevent the Board from discharging its own or carry out, at any time, any functions, powers or duties so delegated.
(3) without prejudice to the generality of subsection (1) and the other provisions of this Act, the Board may delegate to the Director-General — (a) the power to give loans and make advances to officers and servants of the Board under section 22; and (b) the authority to authorize expenditures from the Fund or any other vested in or under the control of the Board up to any limit as determined by the Board.
The Board may establish committees 18. (1) the Board may establish such committees as it considers necessary or expedient to assist it in carrying out its functions under this Act.
(2) the Board may appoint any person to be a member of any Committee established under subsection (1).
(3) a Committee established under this section may elect any of its members to be Chairman and may regulate its own procedure and, in the exercise of its powers under this subsection, the Committee is subject to and shall act in accordance with any direction given to the Committee by the Board.
Malaysian Palm oil Board 19 (4) meetings of a Committee established under this section shall be held at any time and at any place determined by the Chairman of the Committee that, subject to subsection (3). (5) a Committee may invite any person, for the purpose of advising it on any matter under discussion, in order to attend any meeting of the Committee but such person invited shall not be entitled to vote at any such meeting.
(6) a member of the Committee or any person invited to attend any meeting of a Committee may be paid such allowances and other expenses as determined by the Board.
(7) a member of a Committee shall hold office for such period as may be specified in the instrument of appointment and shall be eligible for re-election.
(8) the appointment of any member of a Committee may at any time be revoked by the Board without assigning any reason therefor.
(9) members of a Committee may at any time resign his Office by giving notice in writing to the Chairman of the Board.
PART III GENERAL DIRECTOR, Officers And SERVANTS Of The BOARD Appointment Of Director General 19. The Minister shall appoint a Director General of the Board upon such terms and conditions as the Minister may determine.
Powers and duties of Director General 20. (1) the Board shall vest in the Director-General of 20 laws of Malaysia ACT 582 such powers and shall impose upon them such duties as may be determined by the Board.
(2) the Director General is responsible for — (a) the proper administration and management of the Affairs of the Board;
(b) the provision of — (i) all programmes, schemes, projects and activities;
(ii) the estimated expenses for the implementation of the annual programme; and (iii) estimated income, for approval by the Board;
(c) the implementation of the annual programme of the Board; and (d) implementation of the decisions and instructions of the Board.
(3) the Director General shall have general control over the officers and servants of the Board.
(4) the Director General shall perform such additional duties as directed by the Board.
(5) in fulfilling its duties, the Director-General shall act under the authority and the General instructions of the Board.
(6) if the Director General is not available in Malaysia temporarily or temporarily incapacitated, due to illness or for any other reason enough, to carry out his duties, one of the Deputy Directors General shall perform the duties of Director-General of the current Director General is not available or is unable to do in the meantime.
(7) for the purposes of subsection (6), if the position of Deputy Director General of the blank, the Board may order any other officer Board to implement the obligation.
Appointment of officers and servants 21. (1) subject to any regulations made under subsection (3), the Board may — Malaysian Palm oil Board 21 (a) with the approval of the Minister, appoint such number of Deputy Director General;
(b) appoint such number of officials and other servants may be necessary for carrying out the purposes of this Act, upon such terms and conditions as may be thought fit by the Board.
(2) No person is eligible to be taken as an officer of or services the Board of servants if he, directly or indirectly, personally or by his partner, has any share or interest in any contract or proposed contract with, for or on behalf of the Board.
(3) the Board may, with the approval of the Minister, make regulations with respect to the conditions of service of officers and pekhidmatnya.
(4) the appointment of the Director General and the Deputy Directors General shall be published in the Gazette.
The power of giving loans and make advances to officers and servants 22. The Board can provide loans and make advances to officers and pekhidmatnya on such terms and conditions as may be determined by the Board.
Delegation of duties of Director General 23. (1) the Director may in writing delegate any function, power or duty conferred upon him under this Act to any officer of the Board, subject to such terms and conditions as he thinks fit.
(2) a delegation under this section shall not preclude the Director-General himself from performing or exercise, at any time, any functions, powers or duties so delegated.
22 laws of Malaysia ACT 582 of the Disciplinary Committee

24. (1) The Board shall have disciplinary powers over all officers and pekhidmatnya and shall exercise disciplinary control in respect of all such person pursuant to this Act and any regulations made under section 26.
(2) for the purposes of this section — (a) there shall be established a Disciplinary Committee of the Board with respect to Director-General consists of — (i) the Chairman, who shall be the Chairman of the Committee; and (ii) at least two members of the Board, which can not include the Director-General, which is determined among members of itself; and (b) the Board may, by notification in the Gazette, establish different Disciplinary Committee for different officers and servants of the Board.
(3) the following provisions shall apply to any disciplinary Committee established under paragraph (2) (b): (a) the Committee shall consist of such number of members of the Board, other than the Chairman of the Board, or officer of the Board, or any combination of members and the officer; and (b) an officer who is a member of a Disciplinary Committee shall not be lower than any meteoric officers or servants who thereon of the Committee he sits on has a disciplinary power.
(4) the Committee established under paragraph (2) (b) shall exercise its powers in all matters relating to discipline officers and servants placed under its jurisdiction.
(5) in the exercise of its functions and powers, a Disciplinary Committee referred to in subsection (2) shall have the authority to take disciplinary action 23 Malaysian Palm oil Board and impose any disciplinary punishment or any combination of two or more sentence as provided under any regulations made under section 26.
Appeal against the decision of the Disciplinary Committee 25. (1) a decision of the Disciplinary Committee established under paragraph 24 (2) (a) may be dirayukan to the Minister.
(2) a decision of the Disciplinary Committee established under paragraph 24 (2) (b) may be dirayukan to Disciplinary Appeal Board which shall consist of the following members: (a) the Chairman of the Board, 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.
(3) the Minister or the disciplinary Appeal Board, as the case may be, may affirm, reverse or vary the decision of the Disciplinary Committee.
(4) when the disciplinary Appeal Board considers an appeal made under subsection (2), a member of the Disciplinary Committee appealed against may not be present on or in any way participate in any proceeding relating to the appeal.
(5) the decision of the Minister or the Board of Disciplinary Appeals under subsection (3) shall be final and shall not be questioned in any court.
Powers of the disciplinary regulations 26. (1) the Board may, with the approval of the Minister, make any regulations it considers necessary or expedient to 24 laws of Malaysia ACT 582 provide for disciplinary officers and servants of the Board.
(2) the disciplinary regulations made under this section — (a) may establish a disciplinary offence;
(b) may provide for disciplinary punishment deemed appropriate by the Board, and the sentence may include warnings, fines, forfeiture emoluments, delay the movement of salaries, salary reductions, demotion and throw away the work;
(c) shall give to the person against whom the disciplinary proceeding 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 case of the following: (i) 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;
(ii) 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 paragraph; or (iii) if 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 the officials or servants of the Board that 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 the protection of women and girls;
(d) may provide for the retention of work reduction emoluments of officers or servants Malaysian Palm oil Board pending the completion of 25 criminal proceedings against him or disciplinary proceedings against him for the purpose of removing work or lose meteoric; and (e) may provide for suspension without emoluments of an officer or the Board of servants or the servants if he has been convicted by any court or if a criminal detention or restriction order was made with respect to or imposed on any officer or the servants.
The imposition of a surcharge 27. (1) a person who is or was formerly employed by the Board may disurcaj if it appears to the Board that such person — (a) not collect any money owed to the Board pemungutannya be its duties;
(b) is or has been responsible for any payment of moneys of the Board should not be or for any payment of money not approved accordingly;
(c) is or has been responsible, directly or indirectly, for any deficiency in, or for destruction, any money savings, goods or other property of the Board;
(d) as or while an accounting officer, did not keep proper records or account; or (e) do not make any payment, or is or has been responsible for any delay in the payment of moneys of the Board to any person to whom the payment is to be made under any law or under any contract, agreement or arrangement made between the person with the Board.
(2) the Board shall, before the person i tu disurcaj, serve a notice in writing to him requesting show cause why he should not be disurcaj.
26 laws of Malaysia ACT 582 (3) If satisfactory explanations are not accepted within fourteen days from the date of service of the notice under subsection (2), the Board may — (a) in the case of paragraph (1) (a), (b) and (c), mensurcajkan against the person a sum of money not exceeding the amount not collected, or payment should not be made, or deficiency in or destruction of property is done; and (b) in the case of paragraph (1) (d) and (e), mensurcajkan any amount of money against that person as the Board may think fit.
The surcharge notification 28. The Board shall notify the person who disurcajkan under subsection 27 (3) of the surcharges.
The withdrawal of a surcharge 29. Notwithstanding subsection 27 (3) and section 28, the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it turns out otherwise that no surcharge should be made, and the Board shall immediately inform the person of the disurcajkan about the withdrawal.
Get 30 surcharge. The amount of any surcharge imposed under subsection 27 (3) and not withdrawn under section 29 shall be a debt due to the Board of the disurcajkan people and can be sued against him and retrieved in any court on the legal Board and can also, if directed by the Board, be obtained through deduction — (a) from the salary of the person disurcajkan; or (b) the pension of people who disurcajkan, with equal monthly instalments not exceeding the Malaysian Palm oil Board 27 a quarter of the total monthly salary or pension, as the case may be, that person.
Membership of the Board in special cases 31. In any action a surcharge to the Director General, membership of the Board for the purposes of section 27 to 30 can not include the Director-General.
PART IV FINANCIAL Fund 32. (1) there is established, for the purposes of this Act, a fund to be known as "the funds of the Malaysian Palm oil Board", which shall be administered and controlled by the Board.
(2) the Fund shall consist of — (a) any sum of money allocated for the purposes of this Act by the Federal Government or any State Government;
(b) money derived from the conduct of any project, scheme or Enterprise financed out of the Fund;
(c) funds obtained or arising from any property, investments, mortgages, charges or debentures acquired by or vested in the Board;
(d) any property, investments, mortgages, charges or debentures acquired by or vested in the Board;

(e) the amount of money borrowed by the Board for the purpose of fulfilling any of its obligations or discharging any of its obligations;
(f) money derived from the consultancy services, advice or any other services provided by the Board;
28 laws of Malaysia ACT 582 (g) money collected or paid under section 35;
(h) money collected or paid under section 71;
(i) the money collected by the Board under regulations made under this Act and described it as a sum of money to be paid into the Fund;
(j) the money to be distributed as a dividend from a corporation established under this Act;
(k) the donations and contributions received from within or outside Malaysia and includes money received from any Government or organization outside Malaysia; and (l) all sums of money or other property that may in any way be payable to or vested in the Board in respect of any matter incidental to the functions and powers.
Expenses shall be charged on the Fund 33. The Fund shall be expended for the purpose of — (a) to pay any expenses lawfully incurred by the Board, including — (i) remuneration of officers and servants of the Board, including lending, retirement allowance, pension or gratuity;
(ii) insurance coverage for officers and servants of the Board;
(iii) the cost incurred in making provision for the welfare of the officers and servants of the Board; and (iv) fees and legal costs as well as fees and other costs;
(b) the financing of research and development activities;
(c) contribute to organizations that are members of the Board;
Malaysian Palm oil Board 29 (d) contribute to the Organization in relation to the palm oil industry as determined by the Minister;
(e) the financing of scholarships for higher education approved by the Board;
(f) to grant loans or assistance to higher education institutions in or outside Malaysia for the purpose of human resource development in the palm oil industry;
(g) to grant loans to or the holding of capital to a corporation established under this Act;
(h) pay any expenses, costs or other expenses incurred or is received properly by the Board in the performance of its functions or exercise of its powers under this Act;
(i) subject to the approval of the Minister, make contributions to any organization, whether within or outside of Malaysia, for the purpose of promoting palm oil products marketing;
(j) purchase or rent equipment, machinery and any other materials, acquire land and erect the building, and carry out any other work and undertaking its functions or exercise of its powers under this Act;
(k) to repay any money borrowed under this Act and the interest due on the money;
(l) pay any gift under section 75; and (m) generally, to pay such expenses for carrying out the provisions of this Act.
Conservation Fund 34. It shall be the duty of the Board to conserve the Fund with the performance of its functions and exercise of its powers under this Act in such a way so that with that amount of revenue the Board sufficient to pay all sums charged with should be on revenue account including depreciation and interest on capital from year to year.
30 laws of Malaysia ACT 582 Cess on Palm oil output 35. (1) the Minister may, after consultation with the Minister of finance, made an order for the imposition, alteration or cancellation of Cess on Palm oil products produced in or exported from China and such order may determine the type, amount and rate of the Cess, * person or class of persons imposed ses and the way the Cess collection.
(2) except to the extent otherwise provided in any order made under subsection (1), the Cess levied through the order shall, for the purposes of pemungutannya and for pemungutannya enforcement, deemed to be a customs duty under the Customs Act 1967 [Act 235].
(3) an order made under this section may prescribe the amount, rate and how the different collection for type or grade palm oil output in relation to different persons or class of persons.
(4) a person who fails or refuses to pay any Cess levied under this section commits an offence and shall, on conviction, liable to a fine not exceeding ten times the amount of Cess payable or to imprisonment for a term not exceeding three years or to both.
(5) the amount of any ses imposed under this section shall be a debt due to the Board of the person against whom the Cess levied and can be sued against him and retrieved in any court on the legal practice Board.
(6) the start of proceedings under this section may not release any person from liability to pay any ses for which he is liable or may be liable or from liability to make any statement that he/she is required to make it by this Act.
(7) without prejudice to subsection (5), the Court before which a person is convicted of an offence under * ENTRIES — any subsidiary legislation has been made by the Minister before the commencement of this Act is declared to have been made lawfully and according to the law notwithstanding subsection 35 (1) of this Act does not contain the words "a person or class of persons" – see subsection 2 (2) and sections 3 and 4 under the Malaysian Palm oil Board (Amendment) 2004 [Act A1222] which provide for verification of the subsidiary legislation of the Act repealed and endorsement ses.
Malaysian Palm oil Board 31 subsection (4) may order that person to pay to the Board the amount of Cess is certified by the Board as finance officer payable by such person at the date of the conviction.
(8) Cess payable under subsection (7) shall, for the purposes of pemungutannya, deemed to be a fine and shall be obtained in accordance with section 283 criminal procedure code [Act 593].
Expenditure and preparation of the estimated 36. (1) the expenditure of the Board up to any amount authorised by the Minister for any one year shall be paid out of the Fund.
(2) before the beginning of the month of September each year, the Board shall submit to the Minister an estimate of expenses (including expenses for research and development activities) for the following year in such form and containing such particulars as may be directed by the Minister; and the Minister shall, before the beginning of the following year, notify the Board of 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 included in the supplementary estimates.
Act statutory bodies (accounts and annual reports) 1980 37. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Board and any corporation established under this Act.
32 laws of Malaysia ACT 582 part V POWERS and OTHER FUNCTIONS of the BOARD power to borrow 38. The Board may, with the approval of the Minister and the Minister of finance, borrow, at such rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise as may be approved by the Minister and the Minister of finance, any sums required by the Board to meet its obligations or discharging any of its duties.
39 investment. (1) the Board shall, to the extent of Money that are not required to be expended by the Board under this Act, be invested in such manner as may be approved by the Minister and the Minister of finance.
(2) without prejudice to the generality of subsection (1), the Board may, with the approval of the Minister, acquire and develop land and property for or in connection with the exercise of its powers and for this purpose can make any negotiations, arrangements or agreements as may be necessary to produce the income required for the operation of the Board.
Commercialization of research findings 40. The Board may make available any research findings that are vested in the Board to any person or body, subject to such conditions and to the payment of any fees, royalties or other consideration, if any, determined by the Board with the approval of the Minister, for the purpose of commercializes them.
Power to employ agents, etc.
41. The Board may employ and pay agents and technical advisers, including advocates and solicitors, Malaysian Palm oil Board 33 bankers, stock brokers, surveyors, valuers and others, to conduct any business or to do any act required to be exercised or performed on its functions, the exercise of its powers or perform its obligations or to carry out the purposes of this act better.
Power to grant loans 42. The Board may, with the approval of the Minister and the Minister of finance, giving loans at such rate of interest and for such period and upon such terms as to the time and manner of repayment and otherwise as may be approved by the Minister and the Minister of finance.
The power to establish the Corporation

43. (1) The Board may, with the approval of the Minister and the Minister of finance, by order published in the Gazette, establish a corporation with any name that fit by the Board, to carry out and to keep, organize and manage any project, a scheme or enterprise that planned or undertaken by the Board in the performance of its functions, the exercise of its powers or perform its duties.
(2) the provisions of the Second Schedule shall apply to every corporation established by the Board under subsection (1).
PART VI ENFORCEMENT authorisation to 44. (1) the Director may in writing authorize any officer of the Board to exercise the powers of enforcement under this Act.
(2) an officer authorized under subsection (1) when acting under this Act shall, upon request, to declare his Office, and submit to the 34 laws of Malaysia ACT 582 person against whom he is acting or from whom he requires any power card information as directed by the Director-General so that carried by the officer.
Power survey 45. Someone authorized officers can investigate the Commission of any offence under this Act.
The power of arrest 46. Someone authorized officers may arrest without warrant any person — (a) who is found committing or attempting to commit, or aiding and abetting in the Commission of an offence under this Act; or (b) reasonably suspected by an officer authorized as involved in committing or attempting to commit, or aiding and abetting in the Commission of an offence under this Act, if the person refuses to or does not provide the name and address of such person or if there is reason to believe that the person had given a false name or address or that the person is likely to escape.
Search with warrant 47. (1) where a Magistrate found, the information given in writing and after any investigation it deems necessary by the Magistrate, that there is reasonable cause to believe that an offence under this Act or any regulations made under this Act is being or has been committed in any premises, the Magistrate may issue a warrant empowering any authorized officers named in it into the premises at any reasonable time either during the day or night, with or without assistance and if necessary by force, and there — Malaysian Palm oil Board 35 (a) search and seize any product of palm oil, vehicles, machinery, equipment, equipment, books, records, documents or other things reasonably believed to give evidence of the Commission of the offence;
(b) take samples of any release of oil palm or anything found in the premises for the purpose of ascertaining, by testing or otherwise, whether it was committed; and (c) make copies of or take extracts from any books, records, documents or other things found in the premises.
(2) an authorized officer who enters any premises under this section may bring with it people and other equipment as he may deem necessary.
(3) an authorized officer may, in the exercise of its powers under this section, if required to do so, — (a) break any external door or in the premises and get into the premises;
(b) forceful entry into the premises and every part of the premises;
(c) transfer with violence any barriers to entry, search, seizure and transfer as he is empowered to do; and (d) detain every person found in the premises until such place has been searched.
(4) where, by reason of the type, size or its recoverable amount, it is not practical to transfer any Palm oil products, vehicles, machinery, equipment, equipment, books, records, documents or other thing seized under this section, the officer shall seize, in any way, to avoid release of palm oil, vehicles, machinery, equipment, equipment, books, records, documents or other things the on-premises or in the container in which it was found.
(5) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (4) or 36 laws of Malaysia ACT 582 transfer palm oil products, vehicles, machinery, equipment, equipment, books, records, documents or other things dilak or try to do so commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Search without warrant 48. If an officer authorized in any of the circumstances referred to in section 47 has reasonable cause to believe that by reason of the delay in obtaining a search warrant under section of that investigation will be affected or evidence of the Commission of an offence is likely to be interrupted, transferred, damaged or destroyed, the officer can get into the premises and perform in, on and in respect of premises that all the powers referred to in section 47 in a way that fully and adequately as if He is authorized to do so by a warrant issued under that section.
The power to stop and search the vehicle 49. (1) If an authorized officer has reasonable cause to suspect that any vehicle carries any Palm oil products, machinery, tools, equipment, books, records, documents or any other thing in respect of which an offence under this Act or any regulations made under this Act is being or has been committed, he may stop and inspect the vehicle and can If upon examination she had reasonable cause to believe that the vehicle is or has been used to commit the offence, seize the vehicle and any Palm oil products, machinery, tools, equipment, books, records, documents or other things found in the vehicle reasonably believed to give evidence of the Commission of the offence.
(2) those who control or care of the vehicle shall, if required to do so by authorized officers, — Malaysian Palm oil Board 37 (a) stop the vehicle and allow authorized officers can inspect them; and (b) open up all parts of the vehicle for inspection and take all necessary measures to enable or facilitate the conduct of the examination as may be deemed necessary by authorized officers.
(3) any person who contravenes subsection (2) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
List of things seized 50. (1) except as provided in subsection (2), if any Palm oil products, vehicles, machinery, equipment, equipment, books, records, documents or other things seized under section 47, 48, 49 or seize, the officer shall provide a list of the things seized and immediately send a copy of the handover of the list signed by him to — (a) if the premises have been searched under section 47 or 48 , occupants of the premises searched, or ask your agent or pekhidmatnya, the premises; and (b) if the vehicle has been seized under section 49, the control or care of the vehicle.
(2) if the premises were unoccupied, the officer can seize the patch list when the thing seized is in a place to see the premises.
Power to enter the premises of 51. Notwithstanding section 47 and 48, an authorized officer may at any time enter any premises for the purpose of — (a) examine any product of palm oil, vehicles, machinery, equipment, equipment, books, records, documents or other things as he may deem necessary;
38 the laws of Malaysia ACT 582 (b) verify the accuracy of the records or statements or any information provided to authorized officers or to the Board; or (c) collecting a sample of any release of oil palm.
Temporary return of vehicle, etc.
52. (1) where any vehicle, machinery, apparatus or equipment seized under this Act, the Court may temporarily return vehicles, machinery, equipment or fittings thereof to the owner of the vehicle, machinery, apparatus or the equipment or person of the possession, care or control it seized, subject to any terms and conditions imposed by the Court and, subject, however, to guarantee adequate given until the Court is satisfied that the vehicle equipment, machinery, or equipment shall be surrendered to the Court when requested and that the terms and conditions, if any, shall be complied with.
(2) where any vehicle, machinery, apparatus or equipment seized temporarily returned under subsection (1), a person who — (a) not surrender vehicles, machinery, equipment or fittings thereof to the Court when requested; or (b) contravenes any term or condition imposed under subsection (1), commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Sale and disposal of palm oil products seized

53. (1) The Director-General may at any time direct that any Palm oil products seized under this Act the disposal proceeds sale and held pending the results of any prosecution under this Act if — (a) the palm oil output is from the type of perishable or had easy declined;
Malaysian Palm oil Board 39 (b) care of the palm oil output involves expenses and unreasonable hardship;
(c) there is a lack or absence of adequate or appropriate facilities to store products that Palm oil; or (d) the palm oil output is believed to cause obstruction or danger to the public.
(2) Notwithstanding subsection (1), if the analyst acknowledges, or if the test results as certified by the analyst prove, that Palm oil tested by him contaminated, the officer can seize it save it in care or, if no prosecution was initiated in respect of the palm oil output, resulting in so that it disposed of in the manner determined by the Director General.
Palm oil output, etc., seized can dilucuthakkan 54. Any release of oil palm or the proceeds of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other things seized in exercise of any power conferred under this Act shall be dilucuthakkan.
Property rights of palm oil products, etc., that dilucuthakkan 55. Any release of oil palm or the proceeds of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other things dilucuthakkan or taken and characterized dilucuthakkan under this section shall be the property of the Board.
Forfeiture or release of palm oil products, etc., seized 56. (1) if the prosecution was initiated in respect of any release of oil palm or the proceeds of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other thing seized under this Act, the Court before which the prosecution was conducted in respect of 40 laws of Malaysia ACT 582 may order forfeiture or release of the substance in question.
(2) the Court shall order the forfeiture of palm oil output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things if it is proved to the Court is satisfied that an offence under this Act has been committed and that the palm oil output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things that matter is or was used in the Commission of the offence , though none has been convicted of the offence.
(3) if there is no prosecution will be instituted in respect of any release of oil palm or the proceeds of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other thing seized under this Act, the authorized officers that in it it held shall notify the person thereof palm oil output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things seized about the fact that and about the provision of section 57.
(4) notice under subsection (3) shall be in writing and shall be sent to the address last known to the person concerned.
(5) If no claim is made under section 57 within thirty days from the date of delivery of the notice referred to in subsection (3), palm oil output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things seized shall be taken and deemed to dilucuthakkan when the period ends.
Claims for oil palm products, etc., seized 57. (1) a person who insists that he is the owner of palm oil output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things referred to in subsection 56 (3) and that it cannot be dilucuthakkan can give personally or by his agent authorized in writing notice to an officer of the Malaysian Palm oil Board authorization in 41 Moreover, it held that he demanded the release of oil palm or the proceeds of disposal , or vehicles, machinery, equipment, equipment, books, records, documents or other things that.
(2) when a notice referred to in subsection (1) is accepted, authorized officers shall refer the matter to the Director-General may direct that the palm oil output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things the release or may direct the authorized officers, through written information, refer the matter to the magistrate.
(3) the Magistrate to whom a thing referred to under subsection (2) shall issue a summons requiring the Board and the person who pointed out that he is the owner of palm oil output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things the person from whom it was seized to appear before the Magistrate and when they are present or when they are not present but delivery of the summons duly proved, magistrate shall proceed with examination of the matter.
(4) where it is proved that an offence under this Act has been committed and that the palm oil output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things that matter is or was used in the Commission of such offence, the Magistrate shall order that the palm oil output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things that dilucuthakkan , and shall, in the absence of such proof, ordered its divestment.
(5) any release of oil palm or the proceeds of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other things that dilucuthakkan or dihantarserahkan to dilucuthakkan shall be deemed to be authorized officers and shall be disposed of in accordance with the directions of the magistrate.
(6) the Board shall not be liable to any person for any deterioration, no matter howsoever occurring, in quality of any Palm oil products seized under this Act.
42 laws of Malaysia ACT 582 release of palm oil products, etc., seized 58. Notwithstanding section 57, the Director General or any officer authorized by the Director-General may, if he thinks fit, at any time, direct that any release of oil palm or the proceeds of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other thing seized under this section is released to the person of the possession, care or control it seized.
PART VII GENERAL palm oil industry Regulation 59. The Malaysian Palm oil industry shall be regulated in accordance with peratutan-regulations made under this Act.
The appointment of analyst 60. (1) for the purposes of this Act, the Minister may appoint an analyst to examine and test any release of oil palm and to recognise the situation, types, processes, quality, standards and grednya.
(2) in any prosecution for an offence under this Act, a certificate of analysis that is signed by an analyst shall be sufficient evidence of the facts stated in the certificate.
Inspection or testing proportional output of palm oil seized 61. (1) if found necessary to inspect or test any Palm oil products seized under this Act, it is sufficient to examine or test only a sample of not more than ten percent of the volume or weight of the palm oil output or from each type or description of different products or oil palm, Malaysian Palm oil Board 43 if the palm oil output wrapped in different packaging , of the contents of each package.
(2) the Court shall presume that the balance type, description or packaging the palm oil output is similar to the condition, type, way of processing, quality, standards, grade or otherwise release samples of oil palm inspected or tested.
The cost of holding oil palm products, etc., seized 62. Where any release of oil palm or the proceeds of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other thing seized under this Act held in the care of the Board or the Government pending the settlement of any proceedings in respect of an offence under this Act, the costs of holding it in care shall, in the case of any person found guilty of an offence, being a debt due to the Board or the Government , as the case may be, by such person and shall be be obtained accordingly.
There are no costs or damages arising from seizure can be obtained

63. No person shall, in any proceedings before any court in respect of the seizure of any release of oil palm or the proceeds of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other things seized in exercise or alleged in exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief unless the seizure is made without reasonable cause.
The extra power 64. (1) an authorized officer shall, for the purposes of implementing this Act, have power to do all or any of the following acts: 44 laws of Malaysia ACT 582 (a) require the production of records, accounts, data dikomputerkan and documents and examine, inspect and copy any records, accounts, data dikomputerkan and the document;
(b) require the production of any document identification of any person in relation to any matters or of an offence under this Act;
(c) make such investigations as are necessary to determine whether the provisions of this Act have been complied with.
(2) a person who fails to comply with a request made under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Mengamang or stop an offence authorized officers 65. A person who — (a) mengamang, prevent, thwart or disturbing any authorized officer in the performance of its functions under this Act;
(b) withdraw or seek to take back any release of oil palm or the proceeds of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other thing seized under this Act; or (c) before or after any seizure caused the loss or damage or destroy any product of palm oil, vehicles, machinery, equipment, equipment, books, records, documents or other things to prevent its seizure or storage of safely release palm oil, vehicles, machinery, equipment, equipment, books, records, documents or other things, commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Malaysian Palm oil Board 45 Duty save confidentiality of 66. (1) except for the purposes of this Act, no person shall have access to any records, books, registers, letter-communication, information, documents or other materials obtained under this Act may disclose records, books, registers, letter-communication, information, documents or other materials to any other person.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
False information 67. A person who makes, orally or in writing, sign or giving any declaration, statement, recommendation or other document or information required under this Act that is untrue, inaccurate or misleading in any item commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Offences by body corporate 68. (1) where a body corporate commits an offence under this Act, then any person who at the time of the Commission of the offence was a Director, Manager, Secretary or other similar officer of the body corporate or in purporting to act upon any such nature or which in any way or up to any extent responsible of the management of any Affairs of the body corporate or assist in the management of such — (a) can be prosecuted separately or in association in the same proceedings together with the body corporate; and (b) if the body corporate is found to have committed the offence, shall be deemed to have committed 46 laws of Malaysia ACT 582 of the offence unless, having regard to the type of functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya; and (ii) that he took all reasonable steps and conducted all due diligence to prevent the Commission of the offence.
(2) where any person may, under this Act, be liable to any penalty or penalties for any act, omission, neglect or default, in which case he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employee or his agent, or employee of the agent, if the Act, omission, neglect or default that was done — (a) by its employees within its employment;
(b) by the agent while acting on his behalf; or (c) by the agent within the employee's employment with the agent or otherwise on behalf of the agent.
Penalties am 69. (1) any person guilty of an offence under this Act for which no penalty expressly provided, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2) for the purposes of this section, "this Act" does not include regulations made under this Act.
Abetment and attempt is punishable as offences 70. (1) a person who is an accomplice in the Commission of or attempt to commit any offence under this Act is guilty of an offence and shall, on conviction, be liable to the punishment provided for the offence.
Malaysian Palm oil Board 47 (2) any person who commits any act in preparation for or to assist in the Commission of any offence under this Act is guilty of an offence and shall, on conviction, be liable to the punishment provided for the offence: provided that such term of imprisonment imposed shall not exceed a maximum period of perdua provided for that offence.
Compounding 71. (1) the Director General may mengkompaunkan any offence committed by any person under this Act and which are designated as offences can is compounded by regulations made under this Act by making an offer in writing to that person for the offence mengkompaunkan on payment of an amount not exceeding fifty per cent of the maximum amount of the fine for the offence to the Director General within the time stated in the offer.
(2) an offer under subsection (1) may be made at any time after the offence is committed, but before any prosecution for him started, and if the amount specified in the offer is not paid within the time stated in the offer or in any extended period granted by the Director General, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
(3) If an offence is compounded under subsection (1), no prosecution can then started in respect of the offence against a person to whom an offer for mengkompaunkan is made and any release of oil palm or the proceeds of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other thing seized in connection with the offence be released or dilucuthakkan by the Director General , subject to such terms and conditions as it deems fit by the Director General.
Start and conduct of prosecution 72. (1) no prosecution for or relating to the 48 laws of Malaysia ACT 582 of any offence under this Act shall be instituted without the written permission of the public prosecutor.
(2) any officer of the Board authorized in writing by the public prosecutor may conduct a prosecution for any offence under this Act.
Jurisdiction to try offences 73. Notwithstanding any law to the contrary, the Court of first class Magistrate shall have jurisdiction to try any offence under this Act and impose a sentence full for any such offence.
Protection of officers 74. No action or prosecution can be brought, instituted or maintained in any court against — (a) the Director General, Deputy Director-General, or any other officer duly appointed under this Act for or for or in respect of any act directed or performed for the purpose of implementing this Act; and (b) any other person or due to or in respect of any act done or purporting to be done under an order, direction or instruction of the Director General, Deputy Director-General or any other officer duly appointed under this Act if the act done in good faith and reasonably believing that it is necessary for the purposes that are intended to be achieved with it.
Gift 75. The Director-General may direct that paid such prize as it thinks fit to any person for services rendered in connection with the detection of any offence under this Act or in connection with any seizure made under this Act.

Malaysian Palm oil Board 49 the whistleblower protection 76. (1) except as provided in subsection (2) and (3), no witness in any civil or criminal proceedings may be required or permitted to disclose the name or address of the whistleblower or fill in the information received from it or declare any matter that may cause the whistleblower known.
(2) where any books, records or documents that constitute or that may be inspected in any civil or criminal proceedings contain any entry in which any informer is named or described or which might cause the whistleblower known, the Court shall cause to such closed all paragraphs of sight or deleted only to the extent necessary to protect the informer of the unknown.
(3) if in proceedings for any offence under this Act or any regulations made under this Act the Court after a full investigation of the case believe that the informer wilfully made in aduannya a statement of material which he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice could not be made solely between the parties in the proceedings without knowing the whistleblower , the Court may require the production of the original complaint, if written, and allow the investigation and require full disclosure, with respect to the informant.
The power to make exceptions 77. (1) the Minister may by order published in the Gazette exempt any person or class of persons or any release of oil palm or other thing from all or any provisions of this Act.
(2) the Minister may impose such terms and conditions as he thinks fit upon any exemption under subsection (1).
50 laws of Malaysia ACT 582 78 regulations. (1) the Minister may make regulations for all or any of the following purposes: (a) prescribing how to apply for a license, certificate, permit and approval under this Act, the particulars should be submitted by the applicant, the method of licensing and certification, fees payable thereon, shall be subject to the conditions and form of a licence, certificate, permit and approval;
(b) prescribing standards for the processing of and methods for fixation, menggredkan or wrapping up palm oil products;
(c) prescribing standards or grade palm oil output and holds the provisions to give effect to the standards and grades, including provision for or in relation to labelling;
(d) prescribing the procedure to be followed by the exporter in the exporting palm oil products;
(e) provide for the maintenance of proper standards of conduct in carrying out trade release of oil palm and the palm oil industry and to manage the pelanggarannya;
(f) prescribing the practices to be followed or avoided in the palm oil industry;
(g) provide for the registration of contracts relating to the sale and purchase of palm oil products and details of the contract;
(h) prescribing the procedure to be followed to administer the Fund;
(i) prescribing offences that can be is compounded;
(j) prescribing the records and documents required to be kept and the statement required to be presented;
(k) prescribing forms for the purposes of this Act;
(l) prescribing the fees and charges payable under this Act and the manner of collecting and spending the fees;
Malaysian Palm oil Board 51 (m) provide for regulating all or any of the activities of the Board and generally for the implementation of the functions, the exercise of the powers and discharge the duties of the Board under this Act;
(n) provide for any other matter intended by, or as may be necessary to carry out the full, the provisions of this Act and for the Administration accordingly.
(2) regulations made under subsection (1) may provide that any act in violation of the regulations shall be an offence and may prescribe punishment of a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or both for the offence.
Confirmation of acts done by anticipating Act 79. (1) subject to subsection (2), all such acts and things done by any person in preparation for or in anticipation of this Act and any expenses incurred in connection therewith shall be deemed to have been authorized under this Act, provided that such acts and things done is consistent with the intent and purpose of this Act is General; and all rights and obligations acquired or incurred as a result of the Commission of the Act or the thing include any expenses incurred in connection therewith shall be deemed to have rights and obligations of the Board.
(2) subsection (1) does not authorize the appointment of members, officers or servants of the Board except so far as to authorize temporary appointment such person until appropriate appointments made under this Act.
PART VIII REPEAL, SAVINGS and TRANSITIONAL Abolition and liquidation of 80. Registration and Licensing Act Oil 52 laws of Malaysia ACT 582 Palm (incorporation) Act 1976 [Act 179] and the Research and development of palm oil 1979 [Act 218] ("acts repealed") is repealed and the Board of registration and Licensing Board and palm oil research and development of palm oil ("the dissolution of boards") and the palm oil Research Institute of Malaysia ("Institute of dissolved") dissolved.
The transfer of power, etc.
81. The powers, rights, privileges, liabilities, obligations and obligations before the specified day is the powers, rights, privileges, liabilities, obligations and duties of boards should be abolished and the Institute dissolved shall be from that day down to the Board.
The transfer of the assets of 82. (1) all the land before the day specified, vested in or reserved under any written law relating to land for the purpose, boards should be abolished and the Institute dissolved shall on that day, vested in or be deemed to be reserved for the purposes of the Board.
(2) all property and assets other than land before prescribed vested in the boards should be abolished and the Institute dissolved or in any person on behalf of the Board-the Board dissolved or Institute dissolved, as the case may be, shall on that day, vested in the Board.
Existing contract 83. All deeds, bonds, instruments and agreements, working arrangements that existed before the day and affecting any property transferred under section 82 shall have effect and the full effects against or in favour of the Board and shall be fully and effectively as if, in lieu of the Board-the Board dissolved or Institute dissolved or any person acting on behalf of the Board-the Board dissolved Malaysian Palm oil Board 53 or Institute dissolved , Lembagalah named it or become a party to it.
Money transfers in 84 Fund. All moneys in or payable into the Fund boards dissolved, which was established under the repealed Act shall on the day specified transferred into and be deemed to be part of the Fund established under section 32 of this Act.
Membership of the Board-the Board dissolved 85. (1) Notwithstanding anything to the contrary, Member of the Board-the Board dissolved and to any Committee appointed under the repealed Act who held office before the specified day shall cease to hold office on that day.
(2) no nothing in subsection (1) may affect the accountability of the Board-the Board dissolved that cease to hold office and as soon as practicable after the day specified, the dissolution of boards shall prepare and submit to the Minister a report including financial statements required under the repealed Act respectively, but the report shall be limited to the period from 1 January of the year concerned until days before the day specified.
(3) Notwithstanding section 80, the dissolution of boards shall continue to exist for the purposes of subsection (2).
Continuation of the 86 officers and servants. The person on the day specified service as an officer and taken servants boards dissolved or Institute dissolved under the repealed Act shall continue to be the officers and servants of the Board under this act as if that person had been appointed under subsection 21 (1) of this act upon the same terms and conditions for the period will be due on the day upon which his appointment under the repealed Act supposed expiration.
54 laws of Malaysia ACT 582 Saving for license and 87. (1) Notwithstanding the repeal of section 80 or any provisions of this Act to the contrary, every person who, before the specified day, holding a valid licence issued to him under the repealed Act shall be deemed to be licensed under this Act until the date of expiry of the licence, subject to the terms and conditions attached to it.

(2) every licence pursuant to the currency of a person deemed under subsection (1) as licensed under this Act shall be deemed to have been issued under this Act; and the Board may amend the terms and conditions imposed on the licence for the purpose of menyelaraskannya with Board policy regarding imposition of conditions of licensing under this Act.
(3) the provisions of this Act relating to the cancellation of the license shall apply to all persons deemed under subsection (1) as licensed under this Act.
(4) where a person who is deemed to be licensed under this Act under subsection (1) wishes to be licensed under this Act after the expiry of the period for which he is deemed to be licensed under this Act, he may apply to the Board for licensed in accordance with regulations made under this Act, notwithstanding anything to the contrary, and the application shall be regarded as a new application and not as an application for license renewal.
(5) all the stored and maintained under the repealed Act shall be deemed to be the kept and maintained under this Act and shall be deemed to be part of it.
Continuation of application, etc., pending 88. (1) all applications, approval or decision, on appeal or otherwise, which is pending before the Board-the Board dissolved or Institute dissolved under the repealed Act shall on the day set managed by the Board under this Act.
Malaysian Palm oil Board 55 (2) all applications, approval or decision, on appeal or otherwise, which is pending before the Minister under the Act shall be repealed on the day the set managed by the Minister under this Act.
(3) all instrument, certificate or document lodged with the Board-the Board dissolved or Institute dissolved under the Act-Act is repealed before the day specified shall be on the day specified lodged with the Board.
Continuation of the civil and criminal proceedings is 89. (1) Good abolition under section 80 or anything contained in this Act shall affect the liability of any person prosecuted or sentenced for offences under the Act-Act is repealed before the day specified, or any proceedings brought before that day in respect of such offences.
(2) any proceedings, whether civil or criminal, or cause of action is pending or that existed before the day fixed by or against the Board-the Board dissolved or Institute dissolved or any person acting on behalf of the Board-the Board dissolved or Institute dissolved can be continued or commenced by or against the Board as it may be continued or commenced by or against the Board-the Board dissolved, the Institute dissolved or such person if the Act is not made.
(3) any appeal brought or any truth appeal applied for on or after the day specified against a decision given before that day in any legal proceedings to which the dissolution of boards or Institute dissolved parties may be brought by or against the Board.
Sound in law or document about the dissolution of boards and the Institute dissolved 90. A reference in any law or document (s) before the day specified on the dissolution of boards or Institute dissolved shall be construed as a reference to the Board.
56 laws of Malaysia ACT 582 Continuation using 91. (1) Notwithstanding section 80 and 90, the Board may continue to use the name "Palm oil Research Institute of Malaysia" and "PORIM" for the purpose of maintaining the good name or for any purpose that is found fit by the Board.
(2) no other person may use the name "Palm oil Research Institute of Malaysia" or "PORIM" except with the prior written approval of the Board.
(3) any person who contravenes subsection (2) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit.
Prevention of anomalies 92. (1) the Minister may, after consultation with the Board, where it considers necessary or expedient to do so, whether for the purpose of removing anomalies, prevent or inconvenience arising from the manufacture of this Act, by order published in the Gazette make any modification to any of the provisions of any existing law as it thinks fit.
(2) the Minister may not exercise the powers conferred by subsection (1) after the expiration of two years from the day specified.
Malaysian Palm oil Board 57 FIRST SCHEDULE [Subsection 3 (3)] of the meeting 1. (1) the Board shall meet at least once every three months at a time and at the place determined by the Chairman.
(2) written notice at least fourteen days shall be given to members.
(3) the Chairman shall preside at Board meetings.
(4) a quorum of the Board is seven people.
(5) every Member of the Board present shall be entitled to one vote.
(6) where on a questions to the Board there is an equality of votes, the Chairman shall have the casting vote.
An allowance of 2. Members of the Board shall be paid such allowances as determined by the Minister.
The Board may invite others to attend meetings 3. (1) the Board may invite any person to attend the meeting or deliberation of the Board for the purpose of advising it on any matter under discussion but that person is not entitled to vote at the meeting or deliberation.
(2) any person invited under subparagraph (1) may be paid such fee as may be determined by the Board.
Seal 4. (1) the Board shall have a common seal bearing any design that is approved by the Board and such seal may be broken, changed, altered or made new as the Board may think fit.
(2) until a seal is provided by the Board, a stamp bearing the words "Malaysian Palm Oil Board" or "Malaysian Palm oil Board" may be used and shall be deemed to be the common seal of the Board.
(3) the common seal shall be kept in the custody of the head of the 58 laws of Malaysia ACT 582 of the Director or any other person authorized by the Board, and shall be authenticated by the Director General or the authorized person 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, certified as aforesaid, shall be deemed to have been validly executed until the contrary is proved: provided that any document or instrument which if executed by a person not being a body corporate shall not be required to be sealed may be executed by the Board in such manner similar; and any other document or instrument may be 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.
(4) the common seal of the Board shall be officially and judicially noticed.
Disclosure of interest 5. A member of the Board, directly or indirectly, himself or by his partner, any interest in any companies or enterprises in which the Board proposes to make any contract or who has any interest in any contract or in any matter under discussion by the Board shall disclose the fact and the nature of his interest to the Board, and the disclosure shall be recorded in the minutes of the Board and , unless specifically authorized by the Chairman, the Member cannot take part in any deliberation or decision of the Board in relation to the contract or that matter.
Minute 6. (1) the Board shall cause minutes of all its meetings in order to be maintained and stored in a proper form.
(2) minutes made of meetings of the Board, if duly signed, is admissible in evidence in all legal proceedings without further proof.
(3) every meeting of the Board in respect of the proceedings thereon: such has been made shall be deemed to have been duly convened and held and all members at a meeting duly qualified to act.
Validity of acts and proceedings 7. No act done or proceeding taken under this Act may be questioned on the ground that — Malaysian Palm oil Board 59 (a) any vacancy in the membership of, or there is a defect in the establishment of, the Board;
(b) a contravention of paragraph 5 by any member of the Board; or (c) any omission, defect or ketidakteraturan that notwithstanding the merits of the case.
Procedure 8. Subject to this Act, the Board shall establish its own procedure.
The Board should devote time to the business of the Board 9. Every Member of the Board should devote time to the Managing Board as much as necessary to meet their obligations effectively.
The appointment shall be published 10. The appointment of every Member and alternate member of the Board shall be published in the Gazette.
SECOND SCHEDULE [Subsection 43 (2)] the power of the Board to make regulations in respect of the Corporation

1. The Board shall, on or before the date on which any corporation established under section 43, make regulations with respect to the Corporation that determine — (a) the purpose and objectives of the Corporation is established;
(b) the rights, powers, duties and functions of the Corporation;
(c) the system of management of the Corporation; and (d) the relationship between the Corporation with the Board and the Board of control rights over the Corporation.
Limitations of the power forming the Corporation 2. There is nothing in paragraph 1 shall be deemed to authorize the Board to make regulations for any purpose or 60 laws of Malaysia ACT 582 wider purpose space lingkupnya of the purpose or purposes for which the Board is established or give any Corporation any rights, duties, powers or functions not included in the rights, duties, powers or functions of the Board under this Act.
Effective regulations 3. Subject to the provisions of this Act and any regulations made under section 78, any regulations made under paragraph 1 shall be binding on the Corporation in respect of which regulations is made and shall have effect for all purposes as if they had been made in this Act.
Amendment of regulations 4. The Board may at any time amend, cancel or make any additions to any regulations made under paragraph 1 in respect of any corporation.
Express Corporation 5. The Board shall keep a register in the prescribed form of all Corporation established by him under section 43 and express that, together with a copy of all regulations made under paragraphs 1 and 4, shall be open to public inspection at the place or places and at any time as may be determined by him.
Winding up 6. (1) the Board may, with the approval of the Minister, by order published in the Gazette, direct that any corporation established by him wound up and dissolved.
(2) upon the dissolution of any corporation under this paragraph, the assets of the Corporation shall be transferred to and vested in the Board once all liabilities met.
(3) the winding up of a corporation under this paragraph shall be carried out in the manner prescribed by the Board.
The Corporation shall be a body corporate 7. Every corporation established under section 43 shall be a body corporate with any name given by the Board and shall have perpetual succession and a common seal and may sue and be sued in the name of that and, for the Malaysian Palm oil Board 61 the purpose of implementing the project, scheme or Enterprise for which it was established, can enter into contracts, and can hold and make any arrangement in respect of any immovable property or movable property and can do all things and other things that are incidental or related to a body corporate in accordance with the provisions of this Act and subject to such restrictions or limitations as may be determined by the Board in each case.
Seal 8. (1) every corporation shall have a common seal bearing any design that is approved by the Corporation with the approval of the Board and such seal may be broken, changed, altered or made new as fit by the Corporation with the approval of the Board.
(2) until a seal is provided by the Corporation, a stamp bearing the name of the Corporation may be used and shall be deemed to be the common seal.
(3) the common seal shall be kept in the custody of the person authorized by the Corporation, and shall be authenticated by the person; and all deeds, documents and other instruments purporting to be sealed with the seal, authenticated as aforesaid, shall be deemed to have been validly executed until the contrary is proved: provided that any document or instrument which if executed by a person not being a body corporate shall not be required to be sealed may be executed by the Corporation similar manner; and 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.
(4) the common seal of every corporation shall be officially and judicially noticed.
62 laws of Malaysia ACT 582 laws of MALAYSIA Act 582 MALAYSIAN PALM OIL BOARD ACT 1998 LIST AMENDMENT of laws that amend the short title of the Act in force Act A1222 Malaysian Palm oil Board (Amendment) 2004 02-07-2004 Malaysian Palm oil Board 63 laws of MALAYSIA Act 582 MALAYSIAN PALM OIL BOARD ACT 1998 LIST SECTION AMENDED Section Power amend with effect from A1222 Act 35 02-07-2004 PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD , KUALA LUMPUR on BEHALF and by ORDER of the GOVERNMENT of MALAYSIA JW230 10-05-2011