Akta85y2006bm laws of MALAYSIA Act REPRINTING DEVELOPMENT AUTHORITY ACT 85 RUBBER INDUSTRY SMALLHOLDERS 1972 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT 85 ACT AUTHORITIES RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT 1972 date of Assent......... 26 September 1972 the date of publication in the Gazette of ... ... more 30 September 1972 REPRINT BEFORE Reprinting the first............ 1994 Reprinting the second............ 1999 the authorities the rubber industry smallholders development 3 laws of MALAYSIA Act 85 ACT AUTHORITIES RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT 1972 ARRANGEMENT of SECTIONS section 1. Short title and application 2. Interpretation 3. Establishment Of Authority 4. Members Of The Authority 5. The Proceeding Authority 6. 7 Authority Functions. Extension and amendment of Ordinance No. 8 year 1952 8. Vesting date property and transfer of rights and liabilities 9. The Directions Of The Minister 10. Power to borrow 11. The appointment of the Director-General and officials and other servants Authority 11A. The Duties Of Director-General Of 11B. The Establishment Of The Establishment Committee 11C. The Establishment Of The Appeal Committee Staffing 11 D. The Disciplinary Committee of the 11E. Appeal against the decision of the Disciplinary Committee 11F. Power to make disciplinary rules 11 g. The imposition of a surcharge 11 h. Notification of the surcharge 11I. Revocation surcharges 11J. Retrieves a surcharge 11K. Membership of the Authority in special cases 12. Saving table 4 laws of Malaysia ACT 85 Authorities the rubber industry smallholders development 5 laws of MALAYSIA Act 85 ACT AUTHORITIES RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT 1972 an act to make provision for the setting up and Development Authority incorporating rubber industry smallholders and for purposes relating thereto.
[1 January 1973, P.U. (B) 519/1972]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: short title and application 1. (1) this Act may be cited as the Act Authorities the rubber industry smallholders development 1972.
(2) this Act shall apply throughout Malaysia.
Interpretation 2. (1) in this Act, unless the context otherwise requires — "Director General" means the Director General of the Authority appointed under section 11;
"accounting officers" includes every officers and servants charged with the duty of collecting, receiving, or mengakaunkan, or who actually collect, receive or mengakaunkan, any money in the Fund, or charged with the obligation to pay, or 6 laws of Malaysia ACT 85 actually pay any money, and every officers and servants charged with receiving, care or disposal, or pengakaunan, any goods storage and property authority or actually receive , holding or disposing of the property and goods.
(2) this Act shall be read and construed as one with the rubber industry Fund Ordinance (Replanting) 1952 [Ord. No. 8 1952] as amended by this Act.
Establishment Of Authority 3. (1) a body known as the authority for the rubber industry smallholders Development established (hereinafter referred to as "the authority").
(2) the authority shall be a body corporate and shall, in the name of "authority the rubber industry smallholders development", have perpetual succession and shall have and may use a common seal and, with that name as well, can sue and be sued in all courts and in accordance with all legal means and proceeding and, subject to and for the purposes of this Act , can enter into contracts and can acquire, purchase, take, hold and enjoy movable and immovable property of every type and can memindahhakkan, assign, surrender, refund, charge, mortgage, mendemis, assign it, transferred or otherwise disposed of, or make any arrangement about, a movable or immovable property or any interest thereon which shall vest in the authority on such conditions as it deems fit by the authority and may do all things and other things incidental or with respect to a body corporate and which are not inconsistent with the provisions of this Act.
(3) the authority shall have a common seal and the seal may, from time to time, be broken, changed, altered and made anew.
Authorities the rubber industry smallholders development 7 (4) the common seal of the authority shall not be used except with the approval of the authority and cannot be stamped at any instrument except in the presence of the Chairman and the other members of the authority, who shall sign the instrument, and the signing to be evidence enough that that seals have been affixed as is necessary should be and it is valid for the seal of the authority.
Member Authorities 4. (1) the authority shall consist of the following members, unless the Director-General, appointed by the Minister: (a) a Chairman;
(b) a representative of the Ministry of plantations industries and commodities *;
(c) a representative of the Ministry of natural resources and environment *;
(d) a representative of the Ministry of agriculture and agro-based industry *;
(e) a representative of the Ministry of finance;
(f) the Director of Lembaga Getah Malaysia;
(g) the Director of the Institute of the Malaysian agricultural research and development;
(h) seven representatives of smallholder rubber industry, one of whom shall be from Sabah and one from Sarawak;
(i) two representatives of the rubber industry estate sector from amongst persons nominated by Rubber Manufacturers Council; †
(j) a representative of the Malaysian rubber Development Corporation Berhad;
(k) the Director-General: provided that the authority shall be deemed to have been established accordingly and should even that in addition to appointing all representatives referred to in paragraph (a), (b), (c), (d), (e), (f), (g), and (i) only four representatives only referred to in paragraph (h) was appointed.
* NOTE — See P.U. (A) 206/2004 † ENTRIES — the Council has been dissolved and there are no other body has been appointed or established to replace it.
8 laws of Malaysia ACT 85 (1A) any time Director General empty, subsection (1) shall be read as if paragraph (k) has been cut.
(2) the Minister may appoint about each Member of the authority of an alternate member who may attend meetings of the authority when the members real unable temporarily to attend and when so attending shall alternate member shall be deemed to be members of the authority for all purposes.
(3) every Member of the authority, in addition to the Director-General, shall, unless he sooner resigns or the appointment is revoked, hold office for a period specified in the letter of appointment and shall be eligible for reappointment.
(4) the Minister shall cause to be the appointment of every Member, in addition to the Director General, and every Member of the queue of the Authority published in the Gazette.
The Proceeding Authority 5. The authority may, with the approval of the Minister, make rules in respect of meetings of the authority, the quorum and other matters relating to the procedure.
Authority Functions 6. (1) the authority shall be responsible for — (a) the administration of the funds of the rubber industry (Replanting) established under section 3 of the Ordinance, the rubber industry Fund (Replanting) 1952;
(b) the management and operation of successful for Plans prepared and approved in part III the rubber industry Fund Ordinance (Replanting) 1952;
(c) planning and implementation of all reform research in the smallholder sector.
(2) for the purpose of effectively executing its functions as mentioned above — (a) the authority shall — (i) implementing agricultural reforms that are available from research;
Authorities the rubber industry smallholders development 9 (ii) cooperate and liaise with other national agencies responsible for research, extension, to provide agricultural credit, processing and marketing of rubber and create quickly modernizing smallholder sector;
(iii) carry out replanting and new planting for smallholder sector with modern seeds which produce results much in the manner of a complete and systematic;
(iv) ensure that smallholder sector in terms of all shell to repair the economy smallholders;
(v) obtain and keep statistics necessary concerning the smallholder sector and cause to the information given to the Government;
(vi) taking part in any activity that is determined by the Minister responsible from time to time in connection with the repair and development of the smallholder sector;
(b) the authority may, with the approval of the Minister, from time to time, by order published in the Gazette establish a corporation with any name specified in the order is to implement and maintain, run and manage, on behalf of the authority, a Plan prepared and approved under the rubber industry Fund Ordinance (Replanting) 1952 and can the same way cancel , vary or amend any such order; and any such order may be made under this subsection shall make provisions in respect of the following: (i) the membership of the Corporation;
(ii) Financial Corporation;
(iii) repayment of a loan to the Corporation; and (iv) the accounts shall be kept by the Corporation and auditing of the accounts; 10 laws of Malaysia ACT 85 (c) the authority may, with the approval of the Minister after consultation with the Minister of finance, from time to time establish the Corporation under the companies Act 1965 [Act 125] to carry out activities beneficial to the smallholder sector.
(3) for the purposes of fulfilling its obligations under subsection (2) and achieve the purposes of this Act, the authority may, notwithstanding anything in section 9 rubber industry Fund Ordinance (Replanting) 1952, using money in the funds of the rubber industry (Replanting) established under section 3 of the Ordinance, the rubber industry Fund (Replanting) 1952 for the following purposes as approved by the Minister : (a) contributions to the Association or body established for the benefit of small farmers;
(b) loans to small farmers for the purpose of developing their land;
(c) loans to or the holding of capital to a corporation was established or to be established under paragraph (2) (b); and (d) any other purpose that is not inconsistent with the provisions of this Act or Ordinances rubber industry Fund (Replanting) 1952.
Extension and amendment of Ordinance No. 8 year 1952 7. The rubber industry Fund Ordinance (Replanting) 1952 is hereby extended to the rest of Malaysia and shall remain in force subject to the amendments set out in the schedule to this Act.
Vesting date property and transfer of rights and liabilities 8. All movable or immovable, which immediately before the commencement of this Act were vested in or held by or to the Board of the rubber industry (Replanting) established and formed under the rubber industry Fund Ordinance (Replanting) 1952, shall be when this Act comes into force and without anything conveyancing, assignment or transfer, vested or moved to the authorities the rubber industry smallholders Development Authority 11 formed under this Act in circumstances and is subject to restrictions as it has vested or held immediately before the commencement of this Act; and all rights and liabilities which immediately before the commencement of this Act is the rights and liabilities of the Board as aforesaid shall be when this Act comes into force, become rights and obligations of the Authority created under this Act.
The Directions Of The Minister 9. The authority shall be responsible to the Minister and the Minister may, from time to time, issue instructions about any aspect of the authority and functions of the authority shall be bound to something the command.
Power to borrow 10. The authority may from time to time borrow, at such rate of interest and with any means of repayment as may be approved by the Minister of finance, any money required by the authority to cover any of the liabilities or to carry out any of its duties.
Appointment of Director General and officers and civil servants of other Authorities 11. (1) there shall be a Director-General for the authority who shall be appointed by the authority with the approval of the Minister.
(2) the authority shall cause to be the appointment of the Director-General to be published in the Gazette.
(3) the authority may appoint officers or other servants as he thinks fit for the purpose of carrying out the functions of the authority.
12 laws of Malaysia ACT 85 (4) all members, officers and servants of the authority shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
The Duties Of Director-General Of 11A. (1) the Director General shall be the Chief Executive Officer of the authority and shall — (a) is responsible for the implementation of policy decisions of the authority and for general administration of its affairs;
(b) exercise supervision and control over all the officers and servants of the authority; and (c) carrying out any other duties as determined by the authority, subject to any direction of the Minister, from time to time or as directed by the Chairman, subject to any resolution of the Board, from time to time.
(2) the Director General shall be present at every and all meetings of the Board unless — (a) he was unable to do so due to illness or are not in Malaysia; or (b) he is not allowed to do so by the Chairman or the person presiding over the meeting.
The Establishment Of The Establishment Committee 11B. (1) an establishment Committee shall be established which shall consist of the following members: (a) the Director General of the authority who shall be the Chairman of the Committee and has a casting vote; and (b) three members of the authority shall be appointed by the Chairman of the Committee with the approval of the authorities.
(2) the establishment Committee shall be responsible for matters relating to management, services and human resource development authority, and for that purpose shall have the authority and shall exercise the authority the rubber industry smallholders development 13 power against all officers or civil authorities, in addition to the Director General, on all matters relating to appointment, promotion and termination of service of officials and civil servants the authority under any regulations made by the relevant authorities with it.
The Establishment Of The Appeal Committee Staffing 11C. (1) a Staffing Appeal Committee shall be established which shall consist of the following members: (a) the Chairman of the authority, who shall be the Chairman of the Appeal Committee Staffing and has a casting vote; and (b) three members of the authority, who is not a member of the establishment Committee, who shall be appointed by the Chairman of the Appeal Committee Staffing with the approval of the authorities.
(2) Staffing Appeal Committee shall have power to hear and determine any appeal against any decision of the establishment Committee in respect of the promotion only in accordance with any regulations made by the relevant authorities with it.
(3) any officer or servants authority aggrieved by the decision of the establishment Committee may, within fourteen days, appeal against such decision to the Appeal Committee Staffing.
(4) the decision of the Appeal Committee Establishment shall be final.
The Disciplinary Committee 11 d. (1) the authority shall have disciplinary powers over all officers and pekhidmatnya and shall exercise disciplinary control in respect of all such person pursuant to this Act and any regulations made under section 11F.
14 laws of Malaysia ACT 85 (2) for the purposes of this section — (a) shall be established a Disciplinary Committee of the authority in respect of the Director-General is made up of — (i) the Secretary General of the Ministry, who shall be the Chairman of the Committee; and (ii) two members of the authority shall be appointed by the authority; and (b) the authority may, by notification in the Gazette, establish different Disciplinary Committee for different categories of servants or officers of the authority.
(3) the following shall apply to any disciplinary Committee established under paragraph (2) (b): (a) the Committee shall consist of such number of members of the authority, other than the Chairman of the authority, or an officer of the authority, or any combination of members and the officer; and (b) an officer who is a member of a Disciplinary Committee shall not be lower than any meteoric officers or servants who thereon of the Committee he sits on has a disciplinary power.
(4) Committee established pursuant to paragraph (2) (b) shall exercise its powers in all matters relating to discipline officers and servants placed under its jurisdiction.
(5) in the exercise of its functions and powers, a Disciplinary Committee referred to in subsection (2) shall have the authority to take disciplinary action and impose any disciplinary punishment or any combination of two or more disciplinary punishment as provided under any regulations made under section 11F.
Appeal against the decision of the Disciplinary Committee of the 11E. (1) a decision of the Disciplinary Committee under paragraph 11 d (2) (a) may appeal to the Minister.
Authorities the rubber industry smallholders development 15 (2) a decision of the Disciplinary Committee under paragraph 11 d (2) (b) may be appealed to the Committee of the disciplinary Appeals shall consist of the following members: (a) the Chairman of the authority, who shall be the Chairman of the Disciplinary and Appeal Committees have a casting vote; and
(b) three members of the authority, who is not a member of the Disciplinary Committee, natural resources matter the appeal, which shall be appointed by the Chairman of the disciplinary Appeal Committee with the approval of the authorities for the purposes of the appeal.
(3) the Minister or the disciplinary Appeal Committee, as the case may be, may affirm, reverse or vary the decision of the Disciplinary Committee.
(4) when the disciplinary Appeal Committee considering an appeal under subsection (2), a member of the Disciplinary Committee against appealed from who is also a member of the authority not to be present on or in any way participate in any proceeding relating to the appeal.
(5) the decision of the Minister or the disciplinary Appeal Committee under subsection (3) shall be final and conclusive.
The power to make regulations discipline 11F. (1) the authority may, with the approval of the Minister, make any regulations it considers necessary or expedient to provide for disciplinary Director General, officers and servants of the authority.
(2) the disciplinary regulations made under this section — (a) may establish a disciplinary offence;
(b) may provide for disciplinary punishment deemed appropriate by the authorities, and the sentence may include warnings, fines, forfeiture emoluments, delay the movement of salaries, salary reductions, demotion and throw away the work;
16 laws of Malaysia ACT 85 (c) shall give to the person against whom the disciplinary proceeding taken the opportunity to make representations against the disciplinary charge made against him before the decision was reached by the Disciplinary Committee, except in the case of the following: (i) If an officer or servants Authority dismissed or lowered promoted by reason of the conduct in respect of a criminal charge has been proved against him;
(ii) if the authority, on the recommendation of the Minister charged with domestic affairs, is satisfied that in the interest of the security of Malaysia or any part thereof is not expedient to carry out the requirements of this paragraph; or (iii) if has been made against an officer or servants Authority any detention order, supervision, residential limited, banishment or deportasi, or if there has been imposed on the officials or servants Authorities any form of restriction or supervision by bond or otherwise, under any law relating to the security of Malaysia or any part thereof, crime prevention, preventive detention, residential limited, banishment , immigration, or the protection of women and girls;
(d) may provide for the retention of work reduction emoluments of officers or servants of the authority pending the completion of the criminal proceedings against him or disciplinary proceedings against him for the purpose of removing work or lose meteoric; and (e) may provide for suspension without emoluments of an officer or authority for servants or the servants if he has been convicted by any court or if a criminal detention or restriction order was made with respect to or imposed on any officer or the servants.
(3) for the avoidance of doubt, the "officer" in this section include the Director-General.
Authorities the rubber industry smallholders development 17 imposition of surcharges 11 g. (1) a person who is or has been employed by the authority may disurcaj if it appears to the authority that the person — (a) not collect any money owed to the authorities that pemungutannya be its duties;
(b) is or has been responsible for any payment of money from the authorities which should not be made or for any payment of money not approved accordingly;
(c) is or has been responsible, directly or indirectly, for any deficiency in, or for destruction, any money, goods or other property savings authority;
(d) as or while an accounting officer, did not keep proper records or account; or (e) do not make any payment, or is or has been responsible for any delay in the payment of money from the authority to any person to whom the payment is to be made under any law or under any contract, agreement or arrangement made between the person with authority.
(2) the authority shall, before the person disurcaj, serve a notice in writing to him requesting show cause why he should not be disurcaj.
(3) If satisfactory explanations are not accepted within fourteen days from the date of service of the notice as mentioned earlier, the authority may — (a) in the case of paragraph (1) (a), (b) and (c), mensurcajkan against the person a sum of money not exceeding the amount not collected, or any payments should not be made, or deficiency in or destruction of property is done; and (b) in the case of paragraph (1) (d) and (e), mensurcajkan any amount of money against such person as he may deem fit.
18 laws of Malaysia ACT 85 Notification surcharges 11 h. The authority shall notify the person who disurcaj in respect of a surcharge imposed under subsection 11 g (3).
Revocation surcharges 11I. 11 g Notwithstanding subsection (3) and section 11 h, the authority 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 authority shall immediately inform the person of the revocation will disurcaj.
Retrieves a surcharge 11J. The amount of any surcharge imposed under subsection (3) and 11 g not withdrawn under section 11I shall be a debt due to the authority of the person against whom the surcharge applies and can be claimed and recovered in any court on legal Authority and can also, if directed by the authority, recovered through a deduction — (a) from the salary of the person disurcaj; or (b) the pension of people who disurcaj, with equal monthly instalments not exceeding one quarter of the total monthly salary or pension, as the case may be, that person.
Membership of the Authority in the case of special 11K. In any action a surcharge to the Director General, membership of the Authority for the purposes of Section 11J and 11 g shall not include the Director-General.
Saving of 12. There is nothing in this Act shall affect an act or thing done under or pursuant to the rubber industry Fund Ordinance (Replanting) 1952 and act or the matter shall remain in force subject to this Act.
Authorities the rubber industry smallholders development SCHEDULE 19 [section 7] AMENDMENTS to the RUBBER INDUSTRY FUND ORDINANCE (REPLANTING) 1952 Section Amendment 2 Replace the definition of "the Board" with the following: ' "the Authority" means the Rubber Industry Smallholders Development Authority was under the Rubber Industry Smallholders Development Authority Act 1972. '.
3 renumber as section 3 of subsection 3 (1) and add a new subsection 3 (2): "(2) The Fund shall consist of — (a) all moneys collected under section 7;
(b) such grants as may be paid into it from the Federal Consolidated Fund;
(c) such moneys as may be borrowed by the Authority under section 10 of the Rubber Industry Small holders Development Authority Act-1972; and (d) proceeds from any investment made under section 8. ".
4 Delete all.
delete it all.
6 Cut it all.
7 Replace the word "Board" and "the States of Malaya" appearing in subsection (1) and (3) each with the word "Authority" and "Malaysia".
9 renumber as section 9 subsection 9 (1) and add a new subsection 9 (2): "(2) Without prejudice to subsection (1) all other expenditure which may be authorized by the Authority, with the approval of the Minister, may be chargeable to the Fund with respect to any of the following matters: (a) travelling and other allowances to members and officers and servants of the Authority; and 20 laws of Malaysia ACT 85 (b) loans to officers and servants of the Authority for the purchase or building of dwelling houses or the purchase of conveyances on such terms and conditions as may be comes by the Authority. ".
10 Replace with the following: "10. (1) The Authority may, with the approval of the Minister, by regulations prescribe schemes for the purpose of utilizing the Fund.
(2) Regulations made under subsection (1) shall be published in the Gazette. ".
11. Replace it with a new section 11 the following: "11. (1) The Authority shall cause full and true accounts of the Fund to be kept and shall as soon as possible after the 31st of December of each year, issue a report of the Fund together with a balance sheet and an account of income and expenditure during the conjunction to year, calculated from the 1st January or from the date of the inception of the Fund to the 31st of December , and a list of the investments (if any) of the Fund showing their cost price and value at such last mentioned date.
(2) The annual balance sheet, income and expenditure and of investments (if any) of the Fund shall, prior to the issue thereof, be audited by the Auditor General or such Auditors as the Minister may appoint.
(3) The Annual Report of the Authority and the Auditor's Report shall be transmitted by the Authority to the Minister not later than 30th September of each year and shall be laid on the table of both Houses of Parliament by the Minister and published in the Gazette. ".
12 (4) and (5) substitute with the following: "(4) Any scheme prepared by the Authority under this section shall conform to the principles as the Minister may be regulation prescribe.".
13 (a) Replace paragraph (2) (b) with the following: "(b) any scheme expressed to be for the benefit spouse contributor of estates shall conform to the principles as may be approved by the Minister;";
(b) Cut all the words there is after the word "Minister" in paragraph (2) (d).
Section Amendment Authority the rubber industry smallholders development 21 15 (3) delete the words "mentioned in paragaraph 2 of the Third Schedule to this Ordinance".
16 (1) (a) Replace the definition of "estate" with the following;
' "estate" means any land of a total area of not less than one hundred acres included in any scheme under this Part and the owner continues so to participate for the duration of such scheme; ';
(b) Replace the definition of "smallholder" with the following: ' "smallholder" means the owner or lawful occupier or lawful representative of the owner or lawful occupier of any land of an area of less than one hundred acres, which is included in any scheme under this Part and the aforesaid person continues so to participate for the duration of such scheme; '.
16 (2) delete the words "and of the Third and Fourth Schedules to this Ordinance" wherever wherever there is.
8, 9, 12, 13, replace the word "Board" in wherever there are 15, 16 and 17 with the word "Authority".
12 (1), 15 (4) delete the words "for Commerce and Industry" after and 16 (2) the word "Minister" wherever wherever there is.
Table Cut in total. First Schedule Second Cut it all.
Third Schedule Cut in total.
Table Cut in total. The Fourth Section Amended 22 laws of Malaysia ACT 85 laws of MALAYSIA Act 85 ACT AUTHORITIES RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT 1972 LIST AMENDMENT law short title force of the Act amending the statutory body Act A292 Rubber 01-01-1973 1976 Act A349 Act statutory body Rubber 01-01-1973 1976 with the exception of paragraphs 1, 2 and 3 on amendments to ss. 4 (1); 01-06-1976 A448 Act Development Authority Act 16-02-1979 rubber industry smallholders except (Amendment) 1979 paragraph 2 (1) (a); 28-07-1978 A965 Act Development Authority Act 27-09-1996 rubber industry smallholders (Amendment) order 1996 P.U. (A) 206/Ministers of the 27-03-2004 2004 Federal Government (No. 2) order 2004 Authorities the rubber industry smallholders development 23 laws of MALAYSIA Act 85 ACT AUTHORITIES RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT 1972 LIST of the SECTION AMENDED Section Power amend with effect from 2 Act A448 28-07-1978 Act A965 27-09-1996 4 Act A292 01-01-1973 Act A349 01-06-1976 Act A448 16-02-1979 6 Act A349 01-01-1973 11 Act A448 16-02-1979 11A A448 Act 16-02-1979 11B-11K Act A965 27-09-1996