Malaysian Pepper Board Act 2006

Original Language Title: Malaysian Pepper Board Act 2006

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Malaysian Pepper Board 1 laws of MALAYSIA Act REPRINTING 656 PEPPER BOARD ACT 2006 MALAYSIA As on 1 November 2012, PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2012 2 laws of Malaysia Act Royal Assent Date 656...... August 30, 2006 date published in the Gazette and. .. August 31, 2006 Malaysian Pepper Board 3 laws of MALAYSIA Act 656 MALAYSIAN PEPPER BOARD ACT 2006 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 of appointment and the resignation of the 11. Vacation of Office 12. Protection from personal liability 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 and powers of the Board 18. The Board may establish committees 4 laws of Malaysia Act 656 part III DIRECTOR GENERAL, officers and SERVANTS of the BOARD section 19. Powers and duties of Director General 20. Appointment of officers and servants 21. The power of giving loans and make advances to officers and servants 22. Delegation of duties of Director General Part IV FINANCIAL 23. 24 Fund. Expenses shall be charged on the Fund 25. Conservation Fund 26. Expenditure and preparation of the estimated 27. Act statutory bodies (accounts and annual reports) 1980 part V POWERS and OTHER FUNCTIONS of the BOARD 28. Power to borrow 29. Investment of 30. Trade research findings 31. Power to employ agents, etc.
32. power to grant loans of 33. The power to establish the Corporation part VI POWERS RELATING to enforcement, SEIZURE, ARREST, etc.
34. Granting of power to 35. Power of investigation of 36. Card power 37. The power of arrest 38. Search and seizure warrants with Malaysia Pepper Board 5 Section 39. Search and seizure without a warrant 40. Power to enter the premises of 41. Examination of person 42. Seizure of objects, etc.
43. The power to stop, search and seize vehicles 44. List of things seized 45. Temporary return of vehicle, etc.
46. The sale and disposal of pepper, etc., seized 47. The power to require the attendance of the person who has knowledge of the case 48. Examination of the people with knowledge of the case 49. Admissibility of statements as evidence 50. Forfeiture pepper, etc., seized 51. Property rights of pepper, etc., that dilucuthakkan 52. The release of pepper, etc., seized part VII GENERAL 53. The pepper industry regulation 54. Appointment of analysts 55. Inspection or testing proportional pepper seized 56. The cost of holding the pepper, etc., seized 57. There are no costs or damages arising from seizure can be obtained 58. The extra power 59. Attack or prevent authorized officers an offence 60. Obligation of secrecy 61. False information 62. Offences by body corporate 63. Abetment and attempt is punishable as offences 64. Compounding of offences 65. Commencement and conduct of prosecution 66. Jurisdiction to try offences 67. Protection from legal action and legal proceedings 6 laws of Malaysia Act 68 Section 656. Gift 69. The whistleblower protection 70. Power to exclude 71. Amendment 72 Schedule. Regulations 73. Power of Minister to make regulations on the marketing of 74. Confirmation of acts done in anticipation of the making of this Act part VIII REPEAL, SAVINGS and TRANSITIONAL 75. Abolition and liquidation of 76. The transfer of power, etc.
77. Pemindahmilikan 78 property. Existing contract 79. Transfer money in the Fund, 80. Membership of the Congregation dissolved 81. Continuation of officers and servants 82. Saving for license and 83. Continuation of application, etc., pending 84. Continuation of the civil and criminal proceedings is 85. Sound in law or document about the Cabinet dissolved 86. Continuation of the use of the name 87. Prevention of anomalies of the Malaysian Pepper Board Table 7 laws of MALAYSIA Act 656 MALAYSIAN PEPPER BOARD ACT 2006 an act to establish the Malaysian Pepper Board; to make better provision with respect to the pepper industry of Malaysia; to dissolve the Cabinet Marketing black pepper; and to provide for matters arising from and incidental.
[1 January 2007; P.u. (B) 325/2006] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Malaysian Pepper Board Act 2006.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may set different dates for the coming into operation of different provisions of this Act.
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;
8 laws of Malaysia Act 656 "pepper material" means any material or parts of plants used for duplication or reproduction and includes clipping pepper, pepper seedlings and plants from tissue pepper;
"give pepper" means pepper fruit or any part thereof and includes immature fruit commonly known as green pepper berries, dried fruit and often immature otherwise commonly known as black pepper, dried fruit mature when its external layer or perikarpanya was removed that otherwise commonly known as white pepper, pepper berries and processed;
"research findings" means any results or output from research and development activities, and includes new products or better products, design, innovation and progress in any processes, techniques, tools or machines;
"the specified day" means the day of this Act, or if different date set for the commencement of different provisions in this Act, day part VIII commencement;
"the pepper industry" means any activities that involve the cultivation of peppers, making research on pepper, marketing, processing, manufacturing and production output and pepper and pepper pepper issue and any industry or services related to it;
"analyst" means an analyst appointed under section 54;
"vehicle" means any car, vessel, ship, aircraft or any other means of transportation, whether by air, sea or land;
"the pepper products" means any product which is made or published directly or indirectly of pepper;
"Director General" means the Director General of the Board appointed under section 19;
"Fund" means the Fund Board of Malaysia Pepper established under section 23;
Malaysian Pepper Board 9 "pepper" means plant species Piper nigrum Linnaeus, pepper berries or any part thereof, and includes the species hybrids, hybrids resulting from hybridization of species or hybrids with any other plant species or hybrids and species or hybrids of this resulting from genetic engineering;
"sea" includes inland waters;
"Board" means the Board of Malaysian Pepper which is established under section 3;
"process" with respect to pepper pepper cleansing means to remove the berries bersekam, moldy or rotten, stem, thorns or waste or other dust, gravel, dirt, mold or other foreign material and manufacturing of any one or more activities that involve drying, mixing, blending, grinding or penghancuran and extraction of pepper; but does not include activities performed at the gardens by any pepper farmers to develop marketing of pepper which is owned by the farmers themselves;
"authorized officers" means — (a) an officer of the Board authorized under section 34;
(b) a police officer not meteoric of Inspector; or (c) an officer of the Customs and Excise Department of Malaysia;
"single buyer" includes the situation when more than one buyer buy in you jointly and individually liable to you jointly and severally the purchase price;
"Chairman" means the Chairman of the Board appointed under section 6;
"sale in bulk" in relation to give pepper means selling a quantity weighing not less than five hundred kilograms at any one State to any single buyer;
10 laws of Malaysia Act 656 "spice" means any part of any plant beraroma in any form and extract from it which is usually used to provide flavor or aroma in food and non-food.
Part II ESTABLISHMENT of the Board and the objective 3. (1) a body corporate by the name Malaysia Pepper Board established.
(2) the Board shall have perpetual succession and a common seal, and may sue and be sued (s).
(3) the aim of the Board is — (a) to promote the cultivation of pepper; (b) to develop and promote industry pepper; (c) to encourage research on pepper, pepper and pepper industry products; (d) to develop the goals, policies and priorities

countries for the development and administration of Malaysia pepper industry proper; and (e) to regulate the pepper industry except cultivation and research about pepper.
(4) 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 growth and viability of the pepper industry of Malaysia;
(b) to engage in trade in pepper, pepper products and expand trade to other spices-spices;
Malaysian Pepper Board 11 (c) to encourage or conduct research and development relating to the industry and trade research findings pepper for the benefit industry pepper;
(d) to promote, control and monitoring measures for pepper, pepper and other spices release high quality;
(e) to provide technical services, advice, consultancy and related services including training to pepper industry;
(f) to collect, manage and disseminate information and maintain records of all matters relating to the pepper industry;
(g) to connect and make coordination with State Governments and other bodies, including a member of the Association in and out of Malaysia in the interest of the pepper industry; and (h) to do any other thing that it regards should be to enable it to carry out its functions effectively or incidental to the performance of its functions.
Power Board 5. (1) subject to and for the purposes of this Act, the powers of the Board shall include power — (a) to enter into contracts;
(b) to acquire, purchase, take, hold and enjoy every type of movable or immovable property;
(c) to transfer, assign, surrender, return, mortgage, charge, pledge, assign the mendemis, transferred, or otherwise dispose of, or make any business of any movable or immovable property or any interest therein, which are vested in the Board;
12 laws of Malaysia Act 656 (d) 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 pepper and pepper products including pepper waste and services related to it;
(e) to impose fees or any other charges that may absolutely deem fit for the use of any facilities relating to the research, investigation, testing, advisory services or any other services provided by the Board;
(f) to collect and receive any money in connection with its trading activities and the use of its facilities and in consideration of other services provided by the Board;
(g) to make any negotiations and agreements or arrangements that may absolutely deem fit for discharging its functions;
(h) 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;
(i) to provide, with the approval of the Minister, financial assistance or other assistance to pepper farmers and their related activities;
(j) to assign any person or body to carry out research or development, or both of each;
(k) to provide a certificate of competence in respect of training programmes and qualified program;
(l) to operate and coordinate any activities that may absolutely deem necessary for the purposes of protecting and advancing the interests of the pepper industry of Malaysia;
(m) to regulate the industry, except for the pepper and pepper cultivation research, including implementation and enforcement of any regulations made under this Act;
Malaysian Pepper Board 13 (n) to grant a licence, certificate, permit and approval under this Act with respect to the pepper industry;
(o) to prescribe standards or grade pepper and pepper output; and (d) to do all things expedient or necessary or incidental to the performance of its functions under this Act.
(2) the Board may, in fulfilling any function, in which case appropriate to carry out commercial gains or benefits by the company which may be established from time to time under the companies Act 1965 [Act 125] and the company can only be established after approval by the Minister with the consent of the Minister of finance.
(3) the Minister may make regulations for prescribing any activity or interest, or for prescribing the terms and conditions of any activity or interest of any Member, officer or Board servants in relation to any company which is established under subsection (2) or to any company, enterprise or undertaking.
(4) any omission or neglect to comply with and any act done or trying to do the opposite with the provisions of the regulations is an offence under this Act and the offender shall, on conviction, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
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 pepper industry, to be nominated by the Secretary General of the Ministry;
(c) a representative of the Treasury, nominated by the Secretary General of the Ministry of finance;
14 laws of Malaysia Act 656 (d) a representative of the Ministry charged with the responsibility for agriculture, nominated by the Secretary General of the Ministry;
(e) a representative of the Economic Planning Unit (EPU) of the Prime Minister nominated by the Director General of EPU;
(f) two representatives from the Government of Sarawak;
(g) a representative from the State Government other than Sarawak;
(h) three representatives of the pepper industry, that at least two of whom shall be from Sarawak;
(i) two people who, in the opinion of the Minister, could contribute to the pepper industry development; and (j) the Director-General.
The term of Office 7. A member of the Board appointed by the Minister shall, unless he first put or clear his Office or his appointment is sooner revoked, hold office for a term not exceeding two years upon such conditions specified in the instrument of appointment and shall be eligible for re-election.
Alternate member 8. (1) the Minister may appoint any person to be an alternate member in respect of each Member of the Board appointed under paragraph 6 (b) to (i) to attend Board meetings in lieu of the Member when the Member is unable to attend for any reason.
(2) when a person attend Board meetings alternate member shall for all purposes be deemed to be members of the Board.
(3) an alternate member shall, unless he first put his membership or his appointment is sooner revoked, cease to be an alternate member of the Board of the Malaysian Pepper 15 when members to whom he is alternate member cease to be a member of the Board.
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 the Chairman or person carrying out the functions of the Chairman is not present, the members present shall elect one from amongst the members present to chair the meeting.
Revocation of appointment and resignation of 10. (1) the appointment of any member appointed by the Minister may at any time be revoked by the Minister without assigning any reason therefor.
(2) a member appointed by the Minister may at any time resign his Office by giving notice in writing addressed to the Minister.
Vacation of Office 11. (1) the Office of a member of the Board appointed by the Minister shall be vacated if — (a) he dies;
16 laws of Malaysia Act 656 (b) has been proved against him, or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or (iii) any other offence punishable with incarceration (imprisonment only, or in addition to or in lieu of a fine) for more than two years;
(c) he becomes bankrupt; (d) he is not of unsound mind or otherwise is unable to meet its obligations; (e) he fails to attend three consecutive meetings of the Board without the permission of the Chairman or, in the case of the Chairman, without the consent of the Minister;

(f) the resignation is received by the Minister; or (g) his appointment is revoked by the Minister.
(2) where any member appointed by the Minister may 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.
Protection from personal liability 12. None of the Board or any Committee, and no officers, servants or agents of the Board, shall be liable for any loss or damage caused by any act or omission in the exercise of the powers or duties under this Act, unless the loss or damage caused by an act or omission that inflicted 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 any Committee, the Board of the Malaysian Pepper 17 or against 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.
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 directions that are consistent with this Act to the Board.
(3) the Board shall perform all instructions given under this section as soon as possible.
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 sets out 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.
18 laws of Malaysia Act 656 Representation functions and powers of the Board 17. (1) the Board may, subject to such conditions, limitations or restrictions that may absolutely deem fit to impose, delegate any of its powers or functions, except the power to borrow money, providing loans, set up Corporation or make regulations, to — (a) any member of the Board; (b) any Committee established by the Board;
or (c) any officers or servants of the Board, and any function or power delegated such can be implemented or carried out by the members, officers or servants, as the case may be, in the name and on behalf of the Board.
(2) a delegation under this section shall not prevent the Board from discharging its own or carry out at any time, any of the functions or powers 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 21; 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).
Malaysian Pepper Board 19 (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.
(4) the 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 who is not a member of the Committee to attend any meeting of the Committee, for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
(6) a member of the Committee or any person invited under subsection (5) 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 addressed to the Chairman of the Board.
Part III GENERAL DIRECTOR, officers and SERVANTS of the BOARD powers and duties of Director General 19. (1) the Minister shall appoint a Director General of the Board upon such terms and conditions as the Minister may determine.
20 laws of Malaysia Act 656 (2) the Board shall vest in the Director-General of any power and shall impose upon them such duties as may be determined by the Board.
(3) 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) estimates of income, for the approval of the Board;
(c) the implementation of the annual programme of the Board; and (d) implementation of the decisions and instructions of the Board.
(4) the Director General shall have general control over the officers and servants of the Board.
(5) the Director General shall perform such additional duties as may be directed by the Board.
(6) in fulfilling its duties, the Director-General shall act under the authority and the General instructions of the Board.
(7) if the Director General is not available in Malaysia temporarily or temporarily incapacitated due to illness or for any other reason to perform his duties, or if the Director General temporarily is blank, the Board may direct the Deputy Director to carry out the duties of Director-General of the absence, incapacity or vacancy is temporary it is.
(8) for the purposes of subsection (7) — (a) if there is more than one Deputy Director General, the Board shall nominate a Deputy Director to carry out the obligation; Malaysian Pepper Board and 21 (b) if the post of Deputy Director-vacant, the Board may order any other officer Board to implement the obligation.
Appointment of officers and servants 20. (1) subject to any regulations made under subsection (3), the Board may — (a) with the consent of the Minister, appoint such number of Deputy Director General;
(b) appoint such number of other officers and servants as 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 has, directly or indirectly, by himself or through his partner, 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 terms of service of the officers and pekhidmatnya.
The power of giving loans and make advances to officers and servants 21. 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 22. (1) the Director may in writing delegate any 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.
22 laws of Malaysia Act 656 (2) a delegation under this section shall not preclude the Director-General himself from performing or exercise, at any time, any of the powers or duties so delegated.
Part IV FINANCIAL Fund 23. (1) for the purposes of this Act, a fund known as the "Malaysian Pepper Board Fund" was established.
(2) the Fund shall be controlled, maintained and operated by the Board.
(3) the Fund shall consist of — (a) any amount of the provision 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, investment, mortgage, lease, rental, charges or debentures acquired by or vested in the Board;
(d) any property, investment, mortgage, lease, rental, charges or debentures acquired 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;
(g) money collected or paid under section 64;
Malaysian Pepper Board 23 (h) 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;
(i) the money to be distributed as a dividend from a corporation established under this Act;
(j) donations and contributions received from within or outside Malaysia and includes money received from any Government or organization outside Malaysia; and (k) all sums or 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 24. 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) legal fees and costs and any fees and other costs;
(b) the financing of research and development;
(c) contribute to organizations that are members of the Board;
(d) contribute to the Organization in relation to the pepper industry as determined by the Minister;
(e) provide financial assistance to pepper farmers with the approval of the Minister;
24 laws of Malaysia Act 656 (f) finance any scholarships for higher education approved by the Board;
(g) to grant loans or assistance to higher education institutions in or outside Malaysia for the purpose of human resource development in the industry of pepper;
(h) provide loans to or the holding of capital to a corporation established under this Act;
(i) pay any expenses, costs or other expenses incurred or approved accordingly by the Board in the performance of its functions or exercise of its powers under this Act;
(j) subject to the approval of the Minister, make contributions to any organization, whether within or outside of Malaysia, for the purpose of promoting marketing release pepper;
(k) buy 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;
(l) to repay any money borrowed under this Act and the interest due on the money;
(m) pay any gift under section 68; and (n) generally, to pay such expenses for carrying out the provisions of this Act.
Conservation Fund 25. Be the duty of the Board to conserve the Fund with the performance of its functions and exercise of its powers under this Act to such a way to ensure that the total revenues of the Board sufficient to pay all sums charged with should be on revenue account including depreciation and interest on capital from year to year.
Malaysian Pepper Board 25 expenditure and estimates 26. (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 commencement of June 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 contain such particulars as may be directed by the Minister; and the Minister shall, before the start of the month of December 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.
Act statutory bodies (accounts and annual reports) 1980 27. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Board and any corporation established under this Act.
Part V OTHER POWERS and FUNCTIONS of the BOARD power to borrow 28. 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.
26 laws of Malaysia Act 656 Investment 29. (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.
Trade research findings 30. The Board may make available any research findings that are vested in the Board to any person or body, subject to such conditions and the payment of any fees, royalties or other consideration, if any, determined by the Board with the approval of the Minister, for the purpose of memperdagangkannya.
Power to employ agents, etc.
31. The Board may employ and pay agents and technical advisers, including advocates and solicitors, 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 32. 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.
Malaysian Pepper Board 27 Power to establish corporations 33. (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 the Board may think fit, to exercise and to keep, organize and manage any project, a scheme or enterprise that has been 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 Of The POWERS RELATING To Enforcement, SEIZURE, ARREST, Etc.
The grant of power to 34. The Director-General may in writing authorize any officer of the Board to exercise the powers of enforcement under this Act.
Power 35 investigations. Someone authorized officers can investigate the Commission of any offence under this Act.
36 power cards. (1) shall be issued to every officer authorized under section 34, a power card, which shall be signed by the Director General.
(2) whenever an officer duly authorized exercise of any power under this Act, he shall, when requested, submit to the person against whom that power is being exercised authority card issued to him under subsection (1).
28 laws of Malaysia Act 656 37 fishing Power. (1) an authorized officer 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.
(2) an authorized officer who makes an arrest under subsection (1) shall, without unnecessary delay is not necessary, bring the person arrested to the nearest police station, and thereupon such person shall be dealt with according to the law relating to criminal procedure currently in force.
Search and seizure warrants with 38. (1) where it appears in the magistrate's Court, based on the written information with vowed and after such inquiry as he may deem necessary, that there is reasonable cause to believe that — (a) any premises have been used or will be used for; or

(b) in any premises evidence necessary for the conduct of investigations of the Commission of an offence, under this Act, the Magistrate may issue a warrant to authorise the authorised officer named in the warrant, at any reasonable time either during the day or night and with or without assistance, enter the premises by force if necessary.
(2) a warrant issued under subsection (1) may authorise the authorised officer to — (a) search the premises and seize and remove from the premises any pepper, pepper products, vehicles, 29 Malaysia Pepper Board machinery, tools, equipment, books, records, documents or other things reasonably believed to give evidence of the Commission of the offence;
(b) take samples of any pepper, pepper output 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.
(3) an authorized officer who enters any premises under this section may bring with it people and other equipment as he may deem necessary.
(4) an authorized officer may, in the exercise of its powers under this section, if required to do so, — (a) break open any door or in the premises, or any fences, blockades, fences doors or other obstacles to the premises to get into the premises;
(b) remove by force any barriers to entry, search, seizure or removal which he is empowered to implement them under this section; and (c) detain any person found in such premises until the search is completed.
(5) where, by reason of the type, size or its recoverable amount, it is not practical to move any pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or other thing seized under this section, an authorized officer shall, in any way, avoid pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or other things that in the premises or in the container in which it was found.
(6) any person who, without lawful authority broke, interfere with or damage lak referred to in subsection (5) or transfer the pepper, pepper products, vehicles, machinery, equipment, 30 laws of Malaysia Act 656 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 and seizure without warrant 39. Whenever an officer is empowered to have reasonable cause to believe that any pepper, pepper products, vehicles, machinery, equipment, fittings, book, record, document or other thing in respect of which an offence under this Act has been committed may be found in or at any place, premises, person, vehicle, vessel or transport equipment and that by reason of delay in obtaining a warrant under section 38 aims of search may be terkecewa , he may, without a warrant, with such assistance and such force as may be necessary — (a) enter and search the place or premises;
(b) stop and examine people or vehicles, vessels or transport it; and (c) seize any pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or any other thing that may be found and can be evidence of the offence.
Power to enter premises 40. Notwithstanding sections 38 and 39, an authorized officer may at any time enter any premises for the purpose of — (a) inspect any pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or other things as may be deemed necessary;
(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 pepper or pepper products.
Malaysian Pepper Board inspection 31 41. No person shall be searched except by another person of the same gender was with that person, and the examination shall be carried out with utmost politeness.
Seizure of objects, etc.
42. without prejudice to subsection 38 (2) and section 39, any pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or other things reasonably suspected by an officer authorised has been used or will be used in the Commission of any offence under this Act may be seized and detained by the authorised officer.
The power to stop, search and seize vehicles 43. (1) If an authorized officer has reasonable cause to suspect that any vehicle that carries any pepper, pepper products, machinery, tools, equipment, books, records, documents or any other thing in respect of an offence under this Act is being or has been committed, he may stop and inspect the vehicle and can, if when examined she had reasonable cause to believe that the vehicle is or has been used to commit the offence , seize the vehicle and any pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or other things found in the vehicle reasonably believed to be able 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 an authorized officer of — (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.
32 laws of Malaysia Act 656 (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 44. (1) where any seizure made under this section, authorized officers making the seizure shall provide a list of every pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or other things seized and place pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or any other thing that has been found and shall sign the list.
(2) the list provided in accordance with subsection (1) shall be submitted immediately to — (a) the occupier of the place or premises place pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or any other thing seized is found; and (b) those who control or keep the vehicle if a seizure made under section 43.
(3) where seizure is made in or from any place or premises which is not occupied, authorized officers shall whenever possible affixing so easier to view the list of objects seized in the premises or place.
(4) where any pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or other things seized other than in or from any place or premises, the authorized officers making the seizure shall give a notice in writing of the seizure and grounds of the seizure to the owner of pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or other things seized it by submitting a copy of the notice to the owner itself or by post to the business place or his residence.
(5) notice under subsection (4) is not to be given if the seizure is made in the presence of or with the knowledge of the owner.
Malaysian Pepper Board 33 temporary return of vehicle, etc.
45. (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, custody or control it seized, subject to such terms and conditions as may be imposed by the Court and are 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 pepper, etc., seized

46. (1) The Director-General may at any time direct that any pepper or pepper products seized under this Act the disposal proceeds sale and held pending the results of any prosecution under this Act if — (a) pepper or pepper output that is of type of perishable or had easy declined;
(b) care of pepper or pepper output and expenditure involving unreasonable hardship;
(c) there is a lack or absence of adequate or appropriate facilities to store peppers or pepper the release; or 34 laws of Malaysia Act 656 (d) pepper or pepper 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 pepper or pepper products tested by him contaminated, the authorized officers can keep them in custody or, if no prosecution was initiated with respect to the release of the pepper or pepper, cause to release the pepper pepper or disposed of in the manner determined by the Director General.
The power to require the attendance of the person who has knowledge of the case 47. (1) an authorized officer making an investigation under this Act, may by order in writing, require any person who in the opinion of the authorized officer has knowledge of the facts and circumstances of the case so as to appear before it, and such person shall attend as so required.
(2) if any person refuses to attend as required by an order made under subsection (1), the authorized officers can report the refusal to the Magistrate who shall issue a warrant to secure the attendance of such person as required by the order.
Examination of the people with knowledge of the case 48. (1) an authorized officer making an investigation under this Act may examine orally any person alleged to have knowledge of the facts and circumstances of the case and shall amend any statement made by the person who inspected it into writing.
(2) such person shall be bound to answer all questions relating to the case submitted to it by the authorized officers, but he can refuse to answer any question that the answer may tend to expose that person to a criminal charge or penalty or forfeiture.
Malaysian Pepper Board 35 (3) a person who makes a statement under this section shall be legally bound to state the truth, whether or not the statement was made in whole or in part to answer such questions.
(4) an authorized officer examining a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).
(5) a statement made by any person under this section shall, whenever possible, reduced to writing and signed by the person making it or affixed cap head jarinya, as the case may be, after — (a) the statement was read out to him in a language he made it; and (b) he is given the opportunity to make any corrections he wanted.
Admissibility of statements as evidence 49. (1) in any trial or investigation by a Court of an offence under this Act, any statement, whether the statement is about addressing to confessions or not, orally or in writing, made at any time, whether before or after the person charged and whether the current investigation under this Act or not and whether in whole or in part at answering the questions , by an accused person to or heard by any officer authorized and whether or not translated to him by any authorized officer or any other person, whether or not involved in the arrest of that person, shall, notwithstanding any law or pillars of law to the contrary, admissible in evidence in the trial of the person and If the person submitting himself as a witness, any such statement can be used in cross-examination and for the purpose of challenging credibility.
(2) no statement made under subsection (1) may be admitted or used as provided in that subsection if the making of the statement turned out to be on the Court has been caused by any inducement, threat or 36 laws of Malaysia Act 656 promises related to the charge against the person that comes from people in authority and sufficient, in the opinion of the Court, to give that person the reason that in its opinion are reasonable to expect that by making the statement he will get any interest or avoid any worldly comes in connection with proceedings against him.
(3) if any person arrested or informed that he may be prosecuted for any offence under this Act, shall be conveyed to him a notice in writing which shall be explained to him that means as follows: "you have been arrested/given that you might be prosecuted on........... (an offence under this Act that may be charged). Do you want to declare anything? If there is any facts you want to use in the defense of you in court, you are advised that it is now. If you don't mention it until you go to court, the possibility of description you will be less reliable and this will bring about adverse effects on the case you generally. If you want to specify any fact now, and you want it written, this will be done. ".
(4) Notwithstanding subsection (3), any statement by any person accused of committing any offence under this Act made before there is time to serve notice under that subsection shall not be admissible as evidence simply because no such notice has been served on that person if such notice is delivered to him as soon as reasonably possible thereafter.
(5) no statement made by an accused person in answering a written notice delivered to him pursuant to subsection (3) shall be construed as a statement that is caused by any inducement, threat or promise as described in subsection (2), if the statement was made otherwise voluntary.
(6) where in any criminal proceedings against someone on an offence under this Act, evidence is given that the accused, when informed that he may be prosecuted for the Malaysian Pepper Board 37 hence, failed stating any fact, namely the fact that in the circumstances prevailing at the time that he reasonably be expected to mention it when so informed, the Court, in determining whether the prosecution has already proved prima facie case against the accused and in determining whether the accused is guilty of the offence charged with , can make any conclusions from the failure as in its opinion should be; and that failure can, based on the conclusions, considered, or as can be is about addressing to, support any evidence against the accused related to it the failure was a matter of material.
(7) no nothing in subsection (6) may, in any criminal proceedings — (a) prejudice the admissibility as evidence of silence or any other reactions of the accused at the time anything is said to be in his presence in relation to conduct in respect of which he is charged, to the extent such evidence are acceptable other than by virtue of that subsection; or (b) is calculated as prevent the making of any conclusions from any silence or other reactions of the accused which can be made other than by virtue of that subsection.
Forfeiture pepper, etc., seized 50. (1) any pepper or pepper output or results of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other thing seized under this Act shall be dilucuthakkan.
(2) an order for forfeiture of pepper or pepper output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things shall be made if it is proved to the Court is satisfied that an offence under this Act has been committed and that the pepper or pepper output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things that matter for or used in the Commission of the offence , although no one has been convicted of the offence.
38 the laws of Malaysia Act 656

(3) if there is no prosecution in respect of any pepper or pepper output or results of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other thing seized under this Act, pepper or pepper output or results of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other things shall be deemed to be forfeited upon the expiry of one calendar month from the date of delivery of the notice to the address last known to the person from whom the pepper or pepper output or proceeds of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other things is seized stating that no prosecution in respect of pepper or pepper output or results of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other things unless before the expiry of such period a claim had been made in the manner specified in subsection (4), (5) , (6) and (7).
(4) any person who asserts that he is the owner of pepper or pepper output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things referred to in subsection (3) and that the pepper or pepper or the proceeds of disposal products, vehicles, machinery, equipment, equipment, books, records, documents or other things can not be dilucuthakkan can, give personally or by his agent authorized in writing notice to the authorized officers that are in his possession or pepper or pepper output results of disposal, vehicles, machinery, equipment, equipment, books, records, documents or things held that he was demanding the release or pepper, pepper or the proceeds of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things that.
(5) when the notice referred to in subsection (4) is received, authorized officers shall refer the matter to the Director-General may direct that pepper or pepper 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.
(6) a magistrate to whom a matter referred to it under subsection (5) shall issue a summons requiring the Board and the person who pointed out that he Board Pepper Malaysia 39 is the owner of pepper or pepper 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 , having proved that the summons has been duly served, the Magistrate shall proceed with examination of the matter.
(7) if it is proved that an offence under this Act has been committed and that the pepper or pepper output or results of disposal, or vehicles, machinery, equipment, equipment, books, records, documents or other things referred to in subsection (6) is a matter for or was used in the Commission of the offence, then the Magistrate shall order that pepper or pepper output or results of disposal or vehicle , machinery, tools, equipment, books, records, documents or other things that dilucuthakkan, and shall, in the absence of such proof, ordered its divestment.
(8) any pepper or pepper output or results of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other things dilucuthakkan or be deemed to be forfeited shall be dihantarserahkan to the authorized officer and shall be disposed of in accordance with the directions of the magistrate.
(9) the Board shall not be liable to any person for any deterioration, no matter howsoever occurring, in quality of pepper or pepper products seized under this Act.
Property rights of pepper, etc., that dilucuthakkan 51. Any release or pepper or pepper of disposal proceeds, 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.
The release of pepper, etc., seized 52. Notwithstanding section 50, the Director General or any officer authorized by the Director-General may, if he thinks fit, at any time, direct that any pepper or pepper output or results of disposal, or any vehicle, 40 laws of Malaysia Act 656 machinery, tools, equipment, books, records, documents or other thing seized under this section is released to the person of the ownership , custody or control of pepper or pepper output or results of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other things seized.
Part VII GENERAL pepper industry Regulation 53. (1) the pepper Industry, with the exception of cultivation and research on pepper, shall be regulated in accordance with the regulations made under this Act.
(2) Regulations under subsection (1) shall be made after consultation with the State Government concerned.
The appointment of analyst 54. (1) for the purposes of this Act, the Minister may appoint an analyst to examine and test any pepper or pepper output 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 pepper seized 55. (1) if found necessary to inspect or test any pepper or pepper 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 pepper or the pepper products or from each type or description of different pepper or pepper output or, if pepper or pepper output is wrapped in different packaging , of the contents of each package.
Malaysian Pepper Board 41 (2) the Court shall presume that the balance type, description or packaging, pepper or pepper output that is similar to the condition, type, way of processing, quality, standards, grade or otherwise release pepper pepper samples or the inspected or tested.
The cost of holding the pepper, etc., seized 56. If any pepper or pepper output or results of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other thing seized under this Act held in the custody 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 custody shall, in the case of any person found guilty of an offence , be 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 57. No person shall, in any proceedings before any court in respect of the seizure of any pepper or pepper output or results of disposal, or any vehicles, machinery, equipment, equipment, books, records, documents or other things seized in the exercise or purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or any damages or other relief unless the seizure is made without reasonable cause.
Power 58 extra. (1) an authorized officer shall, for the purposes of implementing this Act, have power to do all or any of the following acts: (a) require the production of records, accounts, computerised data and documents and examine, inspect and copy any records, accounts, computerised data 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;
42 laws of Malaysia Act 656 (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.
Attack or prevent authorized officers become error 59. A person who — (a) invade, prevent, thwart or disturbing any authorized officer in the execution of its functions under this Act;
(b) withdraw or seek to take back any pepper or pepper output or results 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 resulted in loss of, or damage or destroy any pepper, pepper products, vehicles, machinery, equipment, equipment, books, records, documents or other things to prevent its seizure or storage of safely pepper or pepper products, vehicles, machinery, equipment, equipment, books, records, documents or other things, commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
The duty of secrecy

60. (1) Except for the purposes of this Act, no person shall have access to any records, books, registers, letters, information, documents or other materials obtained under this Act may disclose records, books, registers, letters, information, documents or other materials to any other person.
Malaysian Pepper Board 43 (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 61. 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 fifty thousand ringgit or to imprisonment for a term not exceeding two years or both of each.
Offences by body corporate 62. (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 purporting to act on any such property or 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 such Corporation; and (b) if the body corporate is found to have committed the offence, shall be deemed to have committed 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.
44 the laws of Malaysia Act 656 (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.
Abetment and attempt is punishable as an offence of 63. (1) a person who is an accomplice in the Commission of or attempt to commit any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence.
(2) any person who commits any act in preparation for or to assist in the Commission of any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence: provided that such term of imprisonment imposed shall not exceed one per second than the maximum duration provided for that offence.
Compounding of offences 64. (1) the Director General may, with the consent in writing of the Prosecutor, compound 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 to mengkompaunkan the offence when paid to the Board an amount not exceeding fifty per cent of the maximum amount of the fine for the offence within the time stated in the offer.
Malaysian Pepper Board 45 (2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution for him started.
(3) if the amount specified in the offer 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.
(4) J if an offence has been compounded under subsection (1), no prosecution shall be instituted subsequently in respect of the offence against the person to whom the offer to compound has been made and any pepper or pepper output or results 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 to incur according to the compound.
Commencement and conduct of prosecution 65. (1) no prosecution for or in relation to 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 the offence 66. 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.
46 laws of Malaysia Act 656 protection from legal action and legal proceedings 67. No action can be taken 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 the Act; and (b) any other person or due to or in respect of any act done or said to be performed by him under orders, directions or instructions of the Director General, Deputy Director-General or any other officer duly appointed under this Act, if the Act is done in good faith, and with reasonably believing that it is necessary for the purposes that are intended to be achieved through it and for carrying out the provisions of this Act.
Gift 68. 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.
The whistleblower protection 69. (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.
Malaysian Pepper Board 47 (2) where any books, records, accounts, documents or data that becomes evidence or dikomputerkan that can 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 entries from 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 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.
Power to exclude 70. (1) the Minister may by order published in the Gazette exempt any person or class of persons or any activities in the industry or pepper any pepper or pepper products or other things 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).
Amendment Of Schedule 71. The Minister may, after consultation with the Board, amend the first schedule and the second schedule by order published in the Gazette.
48 laws of Malaysia Act 656 regulations 72. (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 thereof;
(b) prescribing standards for the processing of and methods for fixation, menggredkan or wrapping up pepper and pepper output;
(c) prescribing standards or grade pepper and pepper output and provide to give effect to the standards and grades, including provision for or in relation to labelling;

(d) prescribing the procedure to be followed by traders in the business of pepper and pepper output;
(e) provide for the maintenance of proper standards of conduct in carrying out trading pepper and pepper output and to manage the pelanggarannya;
(f) prescribing the practices to be followed or avoided in the pepper industry, with the exception of cultivation and research of pepper;
(g) prescribing the procedure to be followed to administer the Fund;
(h) prescribing offences that can be is compounded;
(i) prescribing the records and documents required to be kept and the statement required to be presented;
(j) prescribing forms for the purposes of this Act;
(k) prescribing the fees and charges payable under this Act and the manner of collecting and spending the fees;
(l) provide for regulating all or any of the activities of the Board and generally the implementation of functions and the exercise of the powers of the Board under this Act;
Malaysian Pepper Board 49 (m) 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 to 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.
Power of Minister to make regulations on the marketing of 73. The Minister may make regulations to regulate, manage, control, develop the market and develop the marketing of pepper and pepper products.
Confirmation of acts done in anticipation of the making of this Act 74. (1) subject to subsection (2), all such acts and things done by any person in preparation for or in anticipation of the making 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.
50 laws of Malaysia Act 656 part VIII REPEAL, SAVINGS and TRANSITIONAL Repeal and dissolution 75. Regulations of the Cabinet of Black Pepper Marketing 1971 [P.U. (A) 447/1971] and the black pepper Marketing Plan 1971 [P.U. (B) 426/1971] ("repealed regulations") repealed and black pepper Marketing Pilgrim ("the Cabinet dissolved") dissolved.
The transfer of power, etc.
76. The powers, rights, privileges, liabilities, obligations and obligations before the specified day is the powers, rights, privileges, liabilities, obligations and duties of the Cabinet dissolved shall be from that day down to the Board.
Pemindahmilikan property of 77. (1) all the land before the day specified, vested in or reserved under any written law relating to land for the purpose of the cabinet shall be dissolved on the day that 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 Cabinet dissolved or in any person on behalf of the Cabinet was dissolved, as the case may be, shall on that day, vested in the Board.
Existing contract 78. All deeds, bonds, agreement, instrument and work arrangements that existed before the day and affecting any property that dipindahmilikkan under section 77 shall have effect and the full effects against or in favour of the Board and may be enforced in the Malaysian Pepper Board 51 fully and effectively as if, in lieu of the Cabinet dissolved or any person acting on behalf of the Cabinet dissolved , The Board named it or become a party to it.
Transfer money in Fund 79. All moneys in or payable into the Fund the Cabinet dissolved, which was established under the repealed regulations shall be on the day specified transferred into and be deemed to be part of the Fund established under section 23 of this Act.
Membership of the Congregation dissolved 80. (1) Notwithstanding anything to the contrary, a member of the Cabinet is dissolved and members of any Committee appointed under the repealed regulations in Office before the specified day shall cease to hold office on that day.
(2) no nothing in subsection (1) may affect the accountability of members of the Cabinet dissolved that cease to hold office and as soon as practicable after the day specified, the Cabinet dissolved shall prepare and submit to the Minister a report including financial statements required under the respective regulations repealed, 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 75, the Cabinet dissolved shall continue to exist for the purposes of subsection (2).
Continuation of the 81 officers and servants. The person on the day specified service as an officer and taken servants Cabinet dissolved under the repealed regulations shall continue to be the officers and servants of the Board under this act as if that person had 52 laws of Malaysia Act 656 appointed under subsection 20 (1) of this act upon the same terms and conditions for the period will expire on the day upon which his appointment under regulations repealed should be expired.
Saving for license and 82. (1) Notwithstanding the repeal and dissolution under section 75 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 regulations 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 regulations shall be deemed to be the kept and maintained under this Act and shall be deemed to be part of it.
Malaysian Pepper Board 53 Continuation application, etc., pending 83. (1) all applications, approval or decision, on appeal or otherwise, which is pending before the Cabinet dissolved under the repealed regulations shall be on the day set managed by the Board under this Act.
(2) all applications, approval or decision, on appeal or otherwise, which is pending before the Minister under the regulations repealed shall be on the day set managed by the Minister under this Act.
(3) all instrument, certificate or document lodged with the Cabinet dissolved under the repealed regulations shall be prescribed before the day specified at today lodged with the Board.
Continuation of the civil and criminal proceedings 84. (1) Good abolition under section 75 or anything contained in this Act shall affect the liability of any person prosecuted or sentenced for offences under regulations repealed prior to the day fixed, 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 Congregation dissolved or any person acting on behalf of the Cabinet dissolved can be continued or commenced by or against the Board as it may be continued or commenced by or against Congregation 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 Cabinet dissolved parties may be brought by or against the Board.
54 laws of Malaysia Act 656 Sound in law or document about the Cabinet dissolved

85. A reference in any law or document (s) before the day specified on the Cabinet dissolved shall be construed as a reference to the Board.
Continuation of the use of the name of 86. (1) Notwithstanding section 75 and 85, the Board may continue to use the name "black pepper Marketing Pilgrim" 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 "black pepper Marketing Pilgrim" 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 87. (1) the Minister may, after consultation with the Board, when it thinks 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 law existing 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 Pepper Board 55 the first schedule [Subsection 3 (4)] the 1st meeting. (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 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 shall not be 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 fit by the Board.
(2) until a seal is provided by the Board, a stamp bearing the words "Malaysian Pepper Board" or "Board" may Pepper Malaysia used and shall be deemed to be the common seal of the Board.
(3) the common seal shall be kept in the custody of the Director-General or any other person authorized by the Board, and shall be authenticated by the Director General or the authorized person or by any officer authorised by one of them in 56 laws of Malaysia Act 656 writing; and all deeds, documents and other instruments to that effect as a sealed with such 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 in the same way by the Board; and any document or instrument may be executed on behalf of the Board by any of the officers or servants of the Board authorized generally or 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 shall, if duly signed, admissible in evidence in all legal proceedings without further proved.
(3) every meeting of the Board with respect to the proceedings in which the minitnya has been so 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 action done or proceeding taken under this Act may be questioned on the ground that — (a) any vacancy in the membership of, or there is a defect in the establishment of, the Board;
Malaysian Pepper Board 57 (b) contravention by any member of the Board concerning the provisions of paragraph 5; or (c) any omission, defect or ketidakaturan that are not touching the merits of it.
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 business of the Board as may be 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 33 (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 33, 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 to establish the Corporation 2. There is nothing in paragraph 1 shall be deemed to authorize the Board to make regulations for any purpose or purposes of wider public lingkupnya of meaning or purpose for which the Board has 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.
58 laws of Malaysia Act 656 effective regulations 3. Subject to the provisions of this Act and any regulations made under section 72, 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 33 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 33 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 purpose of implementing the project, scheme or Enterprise for which it was established, can enter into contracts, and can hold and make any business in or with any immovable or movable property and be able to do all things and things other 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.
Malaysian Pepper Board 59 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 to that effect as a sealed with such 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 in the same way by the Corporation; and any 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.
60 laws of Malaysia Act 656 laws of MALAYSIA Act 656 MALAYSIAN PEPPER BOARD ACT 2006 LIST AMENDMENT of laws that amend the short title effect from – no – Malaysian Pepper Board 61 laws of MALAYSIA Act 656 MALAYSIAN PEPPER BOARD ACT 2006 AMENDED SECTION LIST Section Power amend with effect from – THERE are –