Muda Agricultural Development Authority Act 1972

Original Language Title: Muda Agricultural Development Authority Act 1972

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070b.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 Act 70 MUDA AGRICULTURAL DEVELOPMENT AUTHORITY ACT 1972 Contains all amendments to 1 January 2006 070b.fm Page 1 Monday, April 3, 2006 9:04 AM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 2 ACT MUDA AGRICULTURAL DEVELOPMENT 1972 date of Assent............... March 23, 1972 date of publication in the Gazette......... 30 March 1972 REPRINT BEFORE Reprinting the first......... 1993 Reprint the second......... 1999 070b.fm Page 2 Monday, April 3, 2006 9:04 AM 3 laws of MALAYSIA Act 70 BOARD ACT AGRICULTURAL DEVELOPMENT ARRANGEMENT of SECTIONS YOUNG 1972 part I preliminary section 1. Short title 2. Interpretation Part II BOARD 3. Board 4. Functions Of The Board 5. Membership Of The Board 6. Public Authorities Protection 7. Public servants 8. Power of Minister to give directions 9. 10. Young Area Additional functions of the Board 11. Statements, reports, accounts and information PART III Chairman, Deputy Chairman, officers and SERVANTS of the BOARD 12. The Chairman shall be the Chief Executive Officer General Manager 13. Deputy Chairman to become General Manager 070b.fm Page 3 Monday, April 3, 2006 9:04 AM 4 laws of Malaysia ACT 70 of section 14. Member of the Provisional Board 15. Appointment of officials and other servants 15A. Discipline of officers and servants 15B. The Establishment Of A Disciplinary Appeal Board 15 C. Termination in the public interest 16. Regulations in respect of the conditions of service of officers and servants PART IV FINANCIAL 17. The Establishment Of The Fund, 18. Rebalancing revenue account 19. Fund reserves 20. Expenses shall be charged on the Fund 21. Expenses and the preparation of the estimate of 22. Accounts and audit 22A. Part V OTHER Surcharges POWER BOARD 23. Delegation of powers of the Board 24. Power to borrow 25. Investment 26. Power to employ agents to 27. Power to lend 28. The power to establish the Corporation 29. Forced land acquisition with PART VI GENERAL 30. (Cut) 31. Obligations of confidentiality of 070b.fm Page 4 Monday, April 3, 2006 9:04 AM Muda agricultural development authority 5 Section 32. The power to make regulations forms 32A. The power to make regulations discipline 33. Revocation and cancellation of the FIRST SCHEDULE SECOND SCHEDULE 070b.fm Page 5 Monday, April 3, 2006 9:04 AM 070b.fm Page 6 Monday, April 3, 2006 9:04 AM 7 laws of MALAYSIA Act 70 MUDA AGRICULTURAL DEVELOPMENT AUTHORITY ACT 1972 an act for incorporating the Muda agricultural development authority and to provide with respect to matters concerned with it.
[March 31, 1972]
BE IT is MADE law by 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 1. This Act may be cited as the Muda Agricultural Development Authority Act 1972.
Interpretation 2. In this Act, unless the context otherwise requires — "Young Area" means any area specified by the Minister in accordance with section 9;
"Fund" means the Fund established under section 17;
"Board" means the Muda agricultural development authority established under section 3;
070b.fm Page 7 Monday, April 3, 2006 9:04 AM 8 laws of Malaysia ACT 70 "Minister" means the Minister responsible for agriculture;
"Chairman" means the Chairman of the Board appointed under section 5;
"Corporation" means a corporation established under section 28;
"company" has the same meaning as given to "the Corporation" under subsection 4 (1) of the companies Act 1965 [Act 125]; and "Deputy Chairman" means a Deputy Chairman of the Board appointed under section 5.
PART II Board 3. A body corporate called "Muda agricultural development authority" hereby established a perpetual succession and a common seal and may sue and be sued upon his name and, subject to and for the purposes of this Act, may enter into contracts and can acquire, purchase, take, hold and enjoy any kind of movable and immovable property and transfer rights, assign , return, memulang, charge, charge the mortgagor, mendemis, assign the ownership, transfer or otherwise dispose of or make any business of any movable or immovable property or any interest thereon which are vested in the Board based on such conditions as it deems fit.
Functions Of The Board 4. (1) the functions of the Board are — (a) to promote, encourage, facilitate and pursuing economic and social development in the Young Area;
(b) to plan and operate within the Muda agricultural development such as 070b.fm Page 8 Monday, April 3, 2006 9:04 AM 9 Muda agricultural development authority assigned to it by the State authority for the State of Kedah and Perlis.
(2) the Board shall have power to do all things expedient or reasonably necessary or incidental to travel its functions and in particular, but without prejudice to the generality of the powers aforesaid — (a) carry out all the activities it deems required commissioning, beneficial or convenient for travel or in connection with the functions, including the make, assemble, process, Pack, memeringkatkan and market release , research and training;
(b) cooperate with the Federal Government or the State Government, any public authority, any company, any corporation, any body or any person or act as agent or agents thereof or otherwise act together with him or on his behalf;
(c) develop and co-ordinate the conduct of such activities by the Federal Government or the State Government, public authorities, any company, any corporation, or body or any other person;
(d) establish or enlarge, or advancing the establishment or expansion, company, Corporation or other body to carry out any activities that either all or partly under the control of the Board or independently;
(e) provide assistance to any public authority, company, Corporation or any other body or person which, in the opinion of the Board has a facility to carry out any of the activities, including financial assistance by taking shares or its capital or by providing loans or otherwise;
(f) purchase, purchase or otherwise acquire bear any stocks and shares in any company, public or private and liquidate them for any 070b.fm Page 9 Monday, April 3, 2006 9:04 AM 10 laws of Malaysia ACT 70 what the terms and conditions as may be determined by the Board;
(g) require departments, and Government and non-government agencies conducting or proposing to carry out development in the Young Area to produce reports containing details and information as specified by the Board in respect of its activities or proposed activities by him;
(h) appoint agents or establishes any other bodies as may be deemed fit by it for the purpose of carrying out its functions;
(i) impose fees or any other charges that it thinks fit by it for the performance of any power or function;
(j) accepting a Commission or fee as agreed in return for services rendered by him;
(k) regulating development in the Young Area; and (l) any other matters as it thinks fit to carry out the functions and powers effectively.
Membership Of The Board 5. (1) the Board shall consist of the following members: (a) the Chairman;
(b) the Deputy Chairman;
(c) the Director General of irrigation and drainage or his/her representative;
(d) a representative of the Federal agricultural marketing authority established under the Federal agricultural marketing Authority Act 1965 [Act 141];
(e) a representative of Bank Pertanian Malaysia established under the Agricultural Bank Act 1969 [Act 9];
070b.fm Page 10 Monday, April 3, 2006 9:04 AM Muda agricultural development authority 11 (f) one representative of the Board of paddy and rice the country established under the Board of paddy and rice Country 1971 [Act 47] *;
(g) a representative of the State of Kedah;
(h) a representative of the State of Perlis; and (i) not more than four other members.
(2) the Chairman shall be appointed by the Yang di-Pertuan Agong and the other Board members shall be appointed by the Minister.
(3) the provisions of the first schedule to this Act shall apply to the members of the Board.
Public Authorities Protection 6. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding of the Board or of any of its members, officers, servants or agents of the Board in respect of any act, neglect or default made or done by him on a nature that is.
Public servants 7. All members, officers and servants of the Board, while they perform the duties of such, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Power of Minister to give directions 8. (1) the Board shall report to the Minister, and the Minister may, from time to time, give instructions in accordance with the provisions of this Act and the Board shall, as soon as possible, implement all the directives.

* NOTE — Act the Board of paddy and rice Country 1971 [Act 47] has now been removed by paddy and Rice Control Act 1994 [Act 522].
070b.fm Page 11 Monday, April 3, 2006 9:04 AM 12 laws of Malaysia ACT 70 (2) without prejudice to the generality of subsection (1), and subject to consultation with the Board, the power of Minister to give directions including instructions to the Board — (a) on disposal of capital assets; and (b) use of proceeds from the disposal of capital assets, although the instructions about something specific: provided that, so long as any amount of money borrowed by the Board in accordance with the provisions of this Act are still outstanding, there are no any such directions may be given unless with the consent of the Minister of finance.
9. Young Area (1) for the purposes of this Act the Minister may, after consultation with the Government of the State of Kedah and Perlis, from time to time, specify by notification in the Gazette the area in which the Board will carry out its functions under this Act and shall be named as a "Young Area".
(2) Notwithstanding the provisions of any other written law, shall be the responsibility of the Board to carry out the functions provided for by this Act in the Young Area.
Additional functions the Board 10. In addition that the duty imposed and powers vested in the Board in accordance with this Act, the Board may perform any other function, exercise such other powers and administers and spend any money for any purpose which is assignable or conferred upon him by the Federal Government or the Government of the State of Kedah and Perlis State or any statutory authority and in doing so the Board shall be deemed to fulfil the purposes of this Act and the provisions of this Act shall apply to the Board in respect of such functions and with respect to the Administration and financing of the money: 070b.fm Page 12 Monday, April 3, 2006 9:04 AM Muda agricultural development authority 13 provided that accounts for the Fund shall be kept separate and different from the account of the Fund.
Statements, reports, accounts and information 11. (1) the Board shall give to the Minister and the person, group of persons or other public authority as directed by the Minister, statements, reports, accounts and information that it directs from time to time in respect of the property and the activities of the Board.
(2) without prejudice to the generality of subsection (1), the Board shall, as soon as possible, after the end of each financial year, cause to be made and sent to the Minister and, if directed by the Minister, to the Government of the State of Kedah and Perlis State or any other public authority, a report with respect to the activities of the Board in time to the previous financial year in such form and containing such information relating to travel and Board policy according to as set out from time to time by the Minister.
(3) the Minister shall cause every such report presented in the House of Commons.
PART III Chairman, Deputy Chairman, officers and SERVANTS of the BOARD the Chairman shall be the Chief Officer Manager 12. (1) the Chairman shall be the Chief Executive Officer of the Board and the Manager he shall be responsible for preparing the programme, scheme or project for consideration of the Board, for issuing policy guidelines or description of the Board's decision to the Deputy Chairman and the other officers and servants and for supervising and controlling the implementation of the decision.
070b.fm Page 13 Monday, April 3, 2006 9:04 AM 14 laws of Malaysia ACT 70 (2) all officers and servants of the Board shall be under the control of General Chairman.
(3) the Chairman shall perform any other or additional obligations as determined by the Minister from time to time.
The Deputy Chairman shall be the General Manager of 13. (1) the Deputy Chairman is General Manager of the Board and shall be responsible for carrying out all programme, project, scheme or to implement the Board's decision and the Chairman.
(2) the Deputy Chairman shall be responsible to the Chairman.
(3) subject to the directions of the Chairman, the Deputy Chairman shall have administrative control over the officers and servants of the Board.
(4) the Deputy Chairman shall perform any other or additional obligations as determined by the Board or the Minister may from time to time, or as directed by the Chairman from time to time.
Member of the Provisional Board 14. If the Chairman or the Deputy Chairman or any other members of the Board is not in Malaysia temporarily or temporarily incapacitated due to illness or for any other reason enough to perform his duties, the Yang di-Pertuan Agong or the Minister, as the case may be, may appoint any person as Chairman or Deputy Chairman or member of the temporary Board.
Appointment of officials and other servants 15. (1) subject to any regulations made under section 16, the Board may appoint upon such terms 070b.fm Page 14 Monday, April 3, 2006 9:04 AM Muda agricultural development authority 15 and conditions as he thinks fit officers and other servants may be necessary for carrying out the purposes of this Act.
(2) No person who has a direct or seca ra t i o l angsung, s ama have send i r i a t au me la lu i of his partner, any share or interest in a contract or proposed contract with, for or on behalf of the Board is eligible to be employed as officers or servants of the Board.
(3) an officer or Board that has servants or acquire a share or interest that may, in the discretion of the Board, dismissed without notice.
Discipline of officers and servants 15A. (1) a Disciplinary Board shall be held Committee consisting of two members who shall be elected by and from the members of the Board, one of whom shall be elected as Chairman, and the Deputy Chairman appointed under subsection 5 (1).
(2) the disciplinary authority in respect of each of the officers and servants of the Board, other than the Deputy Chairman, are the Disciplinary Board established under subsection (1).
(3) the disciplinary authority in respect of the Deputy Chairman is the Disciplinary Committee which shall consist of the Secretary General of the Ministry of agriculture and agro-based industry as the Chairman and two members who shall be elected by and from the members of the Board.
(4) the Deputy Chairman shall not be a member of the Disciplinary Committee in any proceeding before the Committee in which he became the complainant; the place shall be taken by a member shall be elected by and from the members of the Board.
(5) in the exercise of its functions, the Disciplinary Committee shall have the authority to impose any disciplinary punishment as provided under any regulations that may be made under section forms 32A.
070b.fm Page 15 Monday, April 3, 2006 9:04 AM 16 laws of Malaysia ACT 70 (6) of the Disciplinary Committee may, subject to subsection (7), delegate any functions, powers or duties to any of its committees officers or servants of the Board, in respect of any officer or certain servants of the Board or in respect of any class or category of officers or servants of the Board, and the Committee delegated to it function such obligation, power or shall perform, carry out or he fulfilled under the direction and control of the Disciplinary Committee shall have the power to repeat the study i, delete or amend any decision or finding of such Committee.
(7) no delegation shall be made under subsection (6) to allow an officer or the Board's servants became a member of a Committee may exercise such disciplinary authority over the officials or servants rank higher than him. (8) a decision of the Disciplinary Committee established under subsection (1) may be in rayukan to Disciplinary Appeal Board established under section 15B.
(9) a decision of the Disciplinary Committee established under subsection (3) shall be appealable to the Minister.
(10) the disciplinary Appeal Board or the Minister, as the case may be, may affirm, reverse or vary the decision of the Disciplinary Committee.
(11) a decision of the disciplinary Appeal Board or the Minister under subsection (10) is final and conclusive.
The Establishment Of A Disciplinary Appeal Board 15B. (1) a Disciplinary Appeal Board shall be held for the Board consisting 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 070b.fm Page 16 Monday, April 3, 2006 9:04 AM Muda agricultural development authority 17 (b) three members of the Board, who is not a member of the Disciplinary Committee whose decision is the matter of the appeal, which shall be appointed by the Chairman of the disciplinary board of Appeal with the approval of the Board for the purposes of the appeal.
(2) when the disciplinary Appeal Board considers an appeal made under section 15A, a member of the Disciplinary Committee appealed against that Board members could not be present on or in any way participate in any proceeding relating to the appeal.
Termination in the public interest

15 c (1) If the Board is found or if the representations made to the Board that proper service of an officer or termination of the servants in the public interest, the Board may ask for a full report from senior officers officer or servants against whom the representation is made which shall contain such particulars in relation to work and conduct officer or the servants.
(2) where, after considering a report received under subsection (1), the Board is satisfied that, having regard to conditions of service, usefulness of the servants or officers, work and conduct officer or the servants and all other circumstances of the case, desirable in the public interest to do so, the Board may terminate the service of officials or servants of the effect from a date to be determined by the Board.
(3) the legally binding laws for Disciplinary Committee to recommend to the Board such that the service of an officer or termination of the servants in the public interest even if disciplinary proceedings have not been carried out under this Act and the Board may terminate the service of officials or servants of the same.
(4) Notwithstanding anything anything in this Act and any other laws to the contrary, in terminating the service of an officer or servants in the public interest under this section, the officer or the servants need not be given any opportunity to be heard and someone 070b.fm Page 17 Monday, April 3, 2006 9:04 AM 18 laws of Malaysia ACT 70 officers or servants that service was terminated in the public interest under this section shall not be deemed to have been dismissed , regardless of whether termination of service of officials or servants that involves an element of sanction in connection with conduct relating to his Office which is considered by the Board as unsatisfactory or should be blamed.
Regulations in respect of the conditions of service of officers and servants 16. The Board may, from time to time, with the approval of the Minister, make regulations with respect to the conditions of service of officers and pekhidmatnya.
PART IV FINANCIAL Establishment Fund 17. (1) for the purposes of this Act, established a fund that is administered and controlled by the Board.
(2) the Fund shall consist of — (a) any sums allotted from time to time for that purpose by Parliament or State Assembly for Kedah and Perlis;
(b) any sums allotted from time to time to the Board of the loan fund;
(c) monies earned from carrying out any project, scheme or Enterprise financed out of the Fund;
(d) the monies earned or arising out of any property, investments, mortgages, charges or debentures acquired by or vested in the Board;
070b.fm Page 18 Monday, April 3, 2006 9:04 AM Muda agricultural development authority 19 (e) of any property, investments, mortgages, charges or debentures acquired by or vested in the Board;
(f) the amount of money borrowed by the Board for the purpose of clarifying any of its obligations or exercise of any of his duties; and (g) all sums of money or other property which may in any way due to, or vested in, the Board in respect of any matter incidental to the powers and obligations.
(3) in this section the expression "loan fund" means any money that may be held from time to time for the Federal Government as a loan.
Balancing account results 18. The Board shall have an obligation to conserve the Fund to carry out and complete powers, functions and duties under this Act so that the total revenue of the Board, subject to any direction given by the Minister under section 8, enough to pay all the money properly chargeable on revenue account, including, without prejudice to the generality of the expression, the provisions in respect of its obligations under section 17 and 19 and depletion and interest on capital , from year to year.
Fund reserves of 19. The Board shall establish and manage a fund reserve in the Fund.
Expenses shall be charged on the Fund 20. Fund shall be expended for the purpose of — (a) paying all expenses incurred under section 25;
070b.fm Page 19 Monday, April 3, 2006 9:04 AM 20 laws of Malaysia ACT 70 (b) provides loans under section 27;
(c) pay any expenses lawfully incurred by the Board, including payment of the surveys, legal fees and other costs, and remuneration of officers and servants who are appointed and employed by the Board, including the retirement allowance, pension or gratuity;
(d) pay any expenses or other costs incurred or held to be received properly by the Board in discharging its duties or exercise of its functions under section 4;
(e) purchase or rent a plant, equipment, machinery, goods and any other materials and acquire lands and erect buildings and carry out any work and other efforts in discharging its duties or exercise of its functions under section 4;
(f) to repay any money borrowed under this Act and the interest to be paid thereon; and (g) generally, pay for any expenses for carrying out the provisions of this Act.
Expenses and the preparation of the estimate of 21. (1) the expenditure of the Board to a total allowed 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 development projects) for the following year in such form and contain such particulars as may be directed by the Minister; and before the beginning of the following year the Minister shall notify the Board of the amount of money authorized for expenditure generally or the amount of money allowed for each type of expenditure.
(3) the Board may, at any time, transmit to the Minister a supplementary estimate for any one year and 070b.fm Page 20 Monday, April 3, 2006 9:04 AM Muda agricultural development authority 21 the Minister may allow the whole or any part of the additional expenditure is included in the supplementary estimates.
(4) the Minister may direct the Board such that the send estimates or supplementary estimates, as the case may be, to the Government of the State of Kedah and Perlis State or to any other person as specified in the instructions.
Accounts and audit 22. (1) the Board shall keep proper accounts and records with other concerned with commissioning and shall prepare a statement of accounts for each financial year.
(2) the accounts of the Board shall be audited annually by the Auditor General or another auditor appointed by the Board with the approval of the Minister.
(3) after the end of each financial year, and immediately after the Board's audited accounts, the Board shall cause to be a copy of the statement of account sent to the Minister or, when so directed by the Minister, to the Government of the State of Kedah and Perlis State Government or any other person, along with a copy of any point of view made by the Auditor General or any other auditor appointed under subsection (2) of any statement or on the accounts of the Board.
(4) the Minister shall cause to be tabled a copy of each statement and the view of the House of Commons.
Surcharges 22A. (1) if it appears to the Board that any person who is or has ever worked with — (a) was not collecting any monies owing on board pemungutannya be its duties;
(b) that is or ever be liable for any payment of money out of the Fund that 070b.fm Page 21 Monday, April 3, 2006 9:04 AM 22 laws of Malaysia ACT 70 should not be made or for any payment of money is not properly certified;
(c) that or been responsible, directly or indirectly, for any deficiency in, or for destruction, any moneys, stamps, securities, goods or other property of the Board;
(d) as, or while an accounting officer, is not or has not to keep proper records or account;
(e) was not to make any payment, or that or been responsible for any late in payment, money from the Fund to any person to whom payment is to be made under any contract, agreement or arrangement made between the person by the Board,

The Board shall deliver a written notice to him requesting show cause why he should not be disurcaj, and if that satisfaction is not provided, within the period of fourteen days from the date of delivery of the notice referred to earlier, to the Board with respect to the failure to collect, payment should not be made, payment is not verified properly, lack of or destruction of, or failure to keep proper records or , or a failure to make payment, or late in making payment, the Board can mensurcajkan a sum of money against the person which does not exceed the amount of any such amount not collected, any costs, lack of, or loss or the value of the property destroyed, as the case may be; and with respect to the failure to keep proper records or accounts, or failure to make payment, or late in making payment, the Board can mensurcajkan any amount of money against the person as the Board may think fit.
(2) the Chairman shall cause Deputy Chairman notified as to any surcharge made under subsection (1) and the Deputy Chairman shall thereupon notify the person who disurcajkan it.
070b.fm Page 22 Monday, April 3, 2006 9:04 AM 23 Muda agricultural development authority (3) 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 Chairman shall immediately cause the Deputy Chairman to be notified of the withdrawal.
(4) the amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the Board of the person against whom a surcharge is made and can be sued against him and recoverable in any court on the legal Board and can be recovered through a deduction — (a) from the salary of the person who disurcaj if the Board directs such; or (b) the pension of people who disurcaj if the Board so directs, with equal monthly instalments not exceeding one quarter of the total monthly salary or pension, as the case may be, that person.
Part V OTHER POWER BOARD Power Board Representation 23. (1) subject to such conditions, limitations or restrictions as it thinks fit, the Board may delegate powers to the Chairman, Deputy Chairman or any others to carry out on its behalf any power, duty or function vested in or charged on board in accordance with this act as determined by the Board, except the power to borrow money, get a loan or make regulations; and any power or function so delegated shall be exercised or performed by the Chairman or the Deputy Chairman or any other person, as the case may be, in the name and on behalf of the Board.
070b.fm Page 23 Monday, April 3, 2006 9:04 AM 24 laws of Malaysia ACT 70 (2) without prejudice to the generality of subsection (1), the Board may delegate powers to the Chairman, Deputy Chairman, any other of its members or any person to allow the expenditure of the Fund or any other Fund under the control of the Board to the extent set out by the Board in that case.
Power to borrow 24. (1) the Board may from time to time borrow, 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, any sums required by the Board for any of its obligations or exercise of any of its duties.
(2) the Board may, from time to time, with the approval of the Minister, borrow money by issuing bonds, debentures or debenture stock, or obtain capital by issuing shares or shares of any class and value and upon such terms as it thinks expedient for all or any of the following purposes: (a) the holding of working capital;
(b) perform the duties of the Board under this Act;
(c) perform any additional functions performed by the Board under this Act;
(d) redeem any shares or shares that it is required or entitled to redeem; and (e) any other expenses properly chargeable to a capital account.
The investment of 25. The assets of the Board, the extent of which is not required to be expended by the Board under this Act, shall be invested in such manner as approved by the Minister of finance.
070b.fm Page 24 Monday, April 3, 2006 9:04 AM Muda agricultural development authority 25 the power to employ agents to 26. The Board may employ and pay agents and advisory techniques including advocates and solicitors, bankers, stock brokers, surveyors or valuers or others, to carry on any business or do any act required to be managed or performed in discharging its duties or to carry out the purposes of this Act with a better way.
Power to grant loans 27. In discharging its duties or in the exercise of its functions the Board can give the loan, and the loan may be granted subject to such terms and conditions as the Board may think fit to impose in the particular case.
The power to establish the Corporation 28. (1) the Board may from time to time by order published in the Gazette establish a corporation with any name deemed fit by the Board to undertake any project, a scheme or enterprise that have been planned or carried out by the Board in discharging its duties or in the exercise of its functions.
(2) the provisions of the Second Schedule shall apply to a corporation established by the Board under subsection (1).
Land acquisition by force 29. (1) when any immovable property that is not government land should be acquired by the Board for the purposes of this Act, the property may be obtained in accordance with the provisions of any written law relating to the acquisition of land for a public purpose, that is currently in force in the State, and any declaration required by any written law that that land is needed so can be made though the compensation will be paid by the Board; and such declaration shall take effect as if it is a declaration that the land is required for a public purpose in accordance with the written law.
070b.fm Page 25 Friday, April 3, 2006 9:04 AM 26 laws of Malaysia ACT 70 (2) expenses and compensation in respect of any immovable property acquired under this section shall be paid by the Board.
(3) when any immovable property has been acquired under this section, the Board shall take extract of document of title may be necessary in respect of the property, and shall pay any tax that may be imposed on such property.
PART VI GENERAL 30. (Struck by Act 478).
Obligations of confidentiality of 31. (1) except for the purposes of this Act or for the purposes of a criminal proceedings under this Act, no person members, officers or servants of the Board may disclose any information it considers while performing his duties and who is not published in accordance with this Act.
(2) any person who contravenes the provisions of subsection (1) commits an offence and shall on conviction be imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or both.
The power to make regulations 32. (1) the Board may, with the approval of the Minister, make regulations as may be expedient or necessary for carrying out the provisions of this Act in a way that better.
(2) without prejudice to subsection (1), regulations under that subsection may be made for — (a) prescribing the manner in which documents, cheques and instrument of any kind to be signed or executed on behalf of the Board;
070b.fm Page 26 Monday, April 3, 2006 9:04 AM Muda agricultural development authority 27 (b) prescribing the responsibilities and control for officers and servants of the Board;
(c) charge in terms specified by the Board;
(d) provide for any matter relating to shares, stocks, bonds, debentures or debenture stock issued under this Act which, in the opinion of the Board necessary or expedient, and in particular, for regulations about how to manufacture, transfer ownership, redeem or business relating to shares, stocks, bonds, debentures or debenture stocks it;
(e) prescribing the manner and conditions for the loan may be granted by the Board under section 27; and (f) provide generally for carrying out the powers and obligations under the provisions of this Act.
(3) the regulations may — (a) stipulates that any act or omission that contravenes the provisions of any regulation shall constitute an offence; and (b) provide for imposing penalties for the offence, and the penalty shall not exceed one thousand dollars.
The power to make regulations disciplinary forms 32A. (1) the Board may, with the approval of the Minister, make any disciplinary regulations as he may deem necessary or expedient to provide disciplinary officers and servants on board.
(2) the disciplinary regulations made by the Board under this section may contain provisions regarding detention work with reduction of salary or other remuneration, or 070b.fm Page 27 Monday, April 3, 2006 9:04 AM 28 laws of Malaysia ACT 70

provisions regarding the dependence of work without pay or other remuneration of an officer or the Board of servants pending disciplinary proceedings have been completed.
(3) the disciplinary regulations made under this section shall create any disciplinary offence and provide about any disciplinary punishment as may be thought fit by the Board, such allotted and the sentence may include dismissal or demotion.
(4) the disciplinary regulations made under this section shall, in establish a procedure for disciplinary proceedings, the person against whom the disciplinary proceedings taken the opportunity to make representations against the disciplinary charge made against him before the decision was reached by the Disciplinary Committee, except in the case of the following: (a) If an officer or Board servants dismissed or lowered promoted by reason of the conduct in respect of which a criminal charge has been proved against him;
(b) if the Board, on the recommendation of the Minister charged with the responsibility for internal affairs, is satisfied that in the interest of the security of Malaysia or any part thereof is not expedient to carry out the requirements of this subsection; or (c) if it has been made against an officer or the Board of servants of any detention order, supervision, residential limited, banishment or deportasi, or if there has been imposed on an officer or servants Board any form of restriction or supervision by bond or otherwise, under any law relating to the security of Malaysia or any part thereof, crime prevention, preventive detention, residential limited, banishment, immigration , or the protection of women and girls.
(5) the disciplinary regulations made under this section shall provide about setting 070b.fm Page 28 Monday, April 3, 2006 9:04 AM 29 Muda agricultural development authority for the hearing of an appeal against the decision of the Disciplinary Committee.
(6) for the purposes of this section, "officer" includes the Deputy Chairman.
Revocation and cancellation 33. (1) the Ordinance No. 29 (powers required) Dharurat 1970 [P.U. (A) 115/1970] repealed and regulations (corporate) Muda Agricultural Development Authority 1970 [P.U. (A) 175/1970] is revoked.
(2) the Muda Agricultural Development Authority established under the regulations (corporate) Muda Agricultural Development Authority 1970 shall be deemed to have been established under this act as if the authority named "Muda agricultural development authority".
The FIRST SCHEDULE [Subsection 5 (2)] the terms and conditions of appointment, revocation and resignation 1. (1) a member of the Board shall hold office for such period during subject to such conditions as may be specified by the Minister in his instrument of appointment.
(2) appointment of a member may at any time be revoked by the Minister without assigning any reason therefor.
(3) a member may at any time resign his Office by letter addressed to the Minister.
(4) a member should devote as much time as necessary to carry out its duties of managing the Board.
Posts deemed to have cleared 2. (1) the Office of a member of the Board shall be deemed to have been cleared — (a) if he dies; or 070b.fm Page 29 Monday, April 3, 2006 9:04 AM 30 laws of Malaysia ACT 70 (b) if there has been proved against him, or she has been convicted on a charge of — (i) an offence involving fraud, dishonesty or moral turpitude; or (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (sentence of imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years; or (c) if he becomes bankrupt; or (d) if he is of unsound mind or otherwise unable to perform his duties; or (e) if he fails to attend three consecutive meetings without the permission of the Board; or (f) in the event of resignation has been accepted by the Minister; or (g) if his appointment is cancelled.
(2) if any Member that ceases to be a member by virtue of any provision of this Act, another person shall be appointed to replace it in accordance with the provisions applicable to the members.
Remuneration and allowances 3. Member of the Board or any other person shall be paid any salary, remuneration or allowance as determined by the Board after consultation with the Minister.
Meeting 4. (1) the Board shall meet at least once every month.
(2) a quorum of the Board is four people.
(3) in all meetings of the Board, the Chairman or, if he is not present, a member of the as is chosen by the members present, shall preside at the meeting.
(4) where on any question to be determined by the Board there is a number of votes equal abundance, the Chairman or a member who chaired the meeting shall have a casting vote in addition to vote normally.
070b.fm Page 30 Monday, April 3, 2006 9:04 AM Muda agricultural development authority 31 (5) subject to subparagraph (1), (2), (3) and (4), the Board shall establish its own procedure.
The Board may invite others to attend meetings 5. The Board may ask any person (who is not a member of the Board) to attend any meetings or penimbangtelitian Board for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the meeting or the penimbangtelitian.
Seal 6. (1) the Board shall have a common seal bearing a sign as approved by the Board and such seal may from time to time be broken, changed, altered, and made anew, as the Board may think fit.
(2) until a seal is provided by the Board of a stamp bearing the words "Muda agricultural development authority" may be used and shall be deemed to be the seal of the Board.
(3) the common seal or stamp mentioned in subparagraph (2) shall be kept in the custody of the Chairman or any other person authorized by the Board, and shall be authenticated by the Chairman or by the authorized person or any officer authorised by one of them with writing; 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, would not be required to be sealed with the seal may be executed by the Board in a way that is also and any document or instrument may be executed on behalf of the Board by any officer or servants of the Board authorized generally or specially by the Board for that purpose.
(4) the seal of the Board shall be officially and judicially noticed.
Disclosure of interest 7. A member of the Board, directly or indirectly, himself or by his partner, any interest in a company or joint venture 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 to the Board it and type 070b.fm Page 31 Monday, April 3 , 2006 9:04 AM 32 laws of Malaysia ACT 70 of its interest, 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 penimbangtelitian or decision of the Board in relation to the contract.
Minute 8. (1) the Board shall cause to be kept and maintained minutes of all meetings of the Board in a proper form.
(2) any minutes made of meetings of the Board, if duly signed, is admissible in evidence in all legal proceedings without further proof and every Board meeting minutes of the proceedings of such have been made shall be deemed to have been duly convened and held and all members at a meeting duly qualified to act.
Legal acts and proceedings 9. There are no any act done or proceeding taken under this Act may be questioned on the ground — (a) that there is any vacancy among the members, or any defects in the composition, the Board; or (b) that there is something in contravention of any of the Board in relation to a disclosure made by him about his interests; or (c) that there is something behind, defect or irregularity which does not affect the merit of an article.
SECOND SCHEDULE [Subsection 28 (2)] the power of the Board to make regulations in respect of the Corporation 1. The Board shall, on or before the date of any corporation established under section 28, make regulations with respect to the Corporation determine — (a) the purpose and objectives of the Corporation is established;
(b) the rights, powers, duties and functions of the Corporation;
(c) its management system; and 070b.fm Page 32 Monday, April 3, 2006 9:04 AM Muda agricultural development authority 33 (d) the relationship between the Corporation with the Board and the right controls over such Corporation.
Exclusion of

2. There is nothing in paragraph 1 shall be deemed to authorize the Board to make regulations to establish any corporation for any purpose or purposes of the wider region of the purpose or purposes of the Board has been set up or give a Corporation any rights, duties, powers or functions that are not included among the rights, duties or functions of the Board under this Act.
Regulations subject to the Act 3. Subject to the provisions of this Act and the provisions of any regulations made under section 32, a corporation shall be bound by any rules made therefor under paragraph 1 and the regulations shall become effective 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 additions to, any regulations made in respect of a corporation under paragraph 1 and section 34 of the interpretation 1948 and 1967 [Act 388], shall apply to any regulations amended or cancelled it as if the rule written law.
Express Corporation 5. The Board shall keep a register in the prescribed form of all Corporation established by him under section 28 and express it with copies of all regulations made under paragraph 1 shall be open to public inspection in any place and at any time as may be determined by him.
Winding up 6. (1) the Board may by order published in the Gazette direct that any corporation established by it wound-up and dissolved.
(2) upon the dissolution of any corporation under this paragraph, the assets of the Corporation shall be transferred in title and vested in the Board after payment of all liabilities.
(3) the winding up of a corporation under this paragraph shall be conducted in such manner as may be prescribed by the Board..
070b.fm Page 33 Monday, April 3, 2006 9:04 AM 34 laws of Malaysia ACT 70 of the Corporation shall be a body corporate 7. Every corporation established under section 28 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, and for the purpose of implementing development projects registered, therefore it was established it can be contracted and can hold, do business or make any arrangement in respect of movable or immovable property and may do all things and other things incidental or in relation 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 a sign as approved by the Corporation with the approval of the Board, and such seal may from time to time be broken, changed, altered and made anew by the Corporation with the approval of the Board, as he may deem fit.
(2) until a seal is provided by the Corporation under this paragraph a stamp bearing the name of the Corporation encircling the letters "MADA" can be used as a common seal.
(3) the common seal or stamp mentioned in subparagraph (2) shall be in the custody of a person who is directed 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 legal until the contrary is proved: provided that any document or instrument which, if executed by a person not being a body corporate, would not be required to be under seal may be executed in a way that is also provided by the Corporation; 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 seal of each corporation shall be officially and judicially noticed.
070b.fm Page 34 Monday, April 3, 2006 9:04 AM 35 laws of MALAYSIA Act 70 MUDA AGRICULTURAL DEVELOPMENT AUTHORITY ACT 1972 LIST AMENDMENT of laws that amend the short title of the Act in force Act A157 Muda agricultural development authority (Amendment) Act 1972 13-10-1972 160 Act Act the Malaysian currency (Ringgit) 1975 29-08-1975 Act A761 Muda Agricultural Development Authority Act (Amendment) 1990 01-08-1990 Act 478 Act revocation of Exemption from payment of stamp duty-Duty 1992 21-02-1992 Act A1053 Muda Agricultural Development Authority Act (Amendment) Act 1999 01-09-1999
070b.fm Page 35 Monday, April 3, 2006 9:04 AM 36 laws of MALAYSIA Act 70 MUDA AGRICULTURAL DEVELOPMENT AUTHORITY ACT 1972 LIST of the SECTION AMENDED Section Power amend with effect from 5 Act A157 13-10-1972 15A A761 Act 01-08-1990 Act A1053 01-09-1999 15B A1053 Act 01-09-1999 15 c A1053 Act 01-09-1999 22A A761 Act 01-08-1990 30 Act 478 21-02-1992 31 Act 160 29-08-1975 32 Act 160 29-08-1975 forms 32A A761 Act 01-08-1990 Act A1053 01-09-1999 first schedule of Act A761 01-08-1990 070b.fm Page 36 Monday, April 3, 2006 9:04 AM

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