WM laws of MALAYSIA Act 109 REPRINTING FARMERS ACT 1973 Containing 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 109 date of Assent............ 15 January 1973, the date of publication in the Gazette......... June 21, 1973 REPRINT BEFORE Reprinting the first............ 1994 Reprinting the second............ 2000 ACT 1973 FARMERS Farmers 3 laws of MALAYSIA Act 109 FARMERS ' ORGANISATION ACT 1973 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, application and commencement 2. Interpretation Part II ESTABLISHMENT Of A FARMERS ' ORGANIZATION 3. The formation of 4. Prohibition 5. Farmers shall be a body corporate 6. The Purpose Of The Farmers ' PART III REGISTRATION 7. Registrar for farmers ' 8. Express PART IV RIGHTS And OBLIGATIONS 9. Members and members of the farmers ' 10. Disposal proceeds to or through farmers ' 11. Lien and set-off in respect of the share or interest of the Member or the Member's unit 4 laws of Malaysia ACT 109 of section 12. Shares or interest cannot be detained or sold 13. Transfer of title of interest when members die or unit members of the dissolved 14. Director 15. 15A Farmers ' Money. The power to borrow money, etc.
15B. investment funds 16. Fund Reserves Of 17. 18. Dispute resolution Case stated on a question of law PART IV A MERGER of AREA FARMERS and STATE 18A. The merger procedure Area 18B. Registration Of State Farmers 18C. Procedures for merging the State farmers ' Association part V inspection, SUSPENSION and DISSOLUTION of 19. The authority to examine 20. The power to suspend and dissolve 21. Appeal 22. Cannot conduct within suspension 23. Management within 24 suspension. Audit 24A. The right of access to records, etc.
PART VI MISCELLANEOUS 25. Express members 26. Evidence of entries in books of Farmers and members of the farmers ' 5 section 27. Special powers of the Minister to exempt from the requirement of registration, etc.
28. The power to exempt from duty or tax 28A. Annual general meeting 29. Are prohibited from using the word "Farmers" 30. Trade Union law and the companies act not applicable 31. Error 32. Prohibition and restriction on registration of cooperative agriculture 33. The costs of forced liquidation shall be borne by the farmers ' organisation authority 34. 35 this Act shall apply. Regulations regulations 36. Abolition of the 6 laws of Malaysia ACT 109 Farmers 7 laws of MALAYSIA Act 109 FARMERS ' ORGANISATION ACT 1973 an act to make provision for the registration of farmers ' organisation, control and supervision of the establishment and for matters connected therewith.
[Throughout Malaysia — 1 November 1973]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title, application and commencement 1. (1) this Act may be cited as the farmers ' organisation Act 1973 and shall apply throughout Malaysia.
(2) the Minister may, by notification in the Gazette, specify a date to start the currency of this Act and may designate a different start date for the currency of each part or different parts in this Act in all sections or different parts of the country.
Interpretation 2. In this Act, unless the context otherwise requires — "Agriculture cooperative" means a cooperative that is when this Act comes into operation registered under Act 8 laws of Malaysia ACT 109 Cooperative 1948 [Act 287] * Cooperative Ordinance 1958 Sabah [3 Ordinance 1958] * and Sarawak Cooperative Ordinance [Cap. 66] * and the purpose of their subject or whose primary function is the production of agricultural agricultural marketing, credit, or processing or any business venture and trade like that: provided that if there is a dispute as to whether a cooperative is a cooperative-based agriculture, the dispute shall be referred to the Board of the farmers ' organisation whose decision shall be final and shall not be questioned in any court;
"The farmers organisation authority" or "Board" means the Board established under the farmers ' organisation Authority Act 1973 [Act 110];
"Farmers" means a farmers ' organization formed under section 3 in the Area, State or national and registered under section 9.
PART II ESTABLISHMENT Of A FARMERS ' ORGANIZATION Formation 3. (1) an area farmers can be formed in accordance with the provisions of this Act or any regulations made thereunder for any area in any State by no less than fifty persons who meet the requirements specified in subsection 9 (1) and before the formation of the Assembly in a meeting for the purpose of forming a farmers ' organisation.
(2) any two or more area farmers registered by this Act shall be with the approval of the Registrar and in accordance with any regulations made under it becomes a State farmers.
(3) any two or more State farmers registered by this Act shall be with the approval of the Registrar * NOTE — Act 287, Sabah 3 Ordinance 1958 and Sarawak Chapters 66 has been repealed and replaced by the co-operative Societies Act 1993 [Act 502] — see section 95 of the Act 502.
Farmers ' 9 and in accordance with any regulations made under it becomes a National farmers ' Association.
Prohibition 4. There are no Farmers can conduct unless it was formed and registered in accordance with the provisions of this Act.
Farmers shall be a body corporate 5. When is registered under this Act, a farmers ' Organization — (a) shall be a body corporate with perpetual succession have a common seal and shall have authority to enter into contracts, to start and defend a legal action, and legal proceedings and to make all things necessary for the purpose of achieving the purpose set out in section 6; and (b) may acquire by lease, purchase, donation, grant, protect, provision of a will or otherwise of a movable or immovable property for any purpose of the establishment, and for that purpose may sell or lease or otherwise make any arrangement in respect of any such property.
The Purpose Of Farmers 6. (1) a farmers ' organisation can be formed for the purpose of advancing the economic and social interests or welfare of its members or units of its members and shall have power to do all things necessary to achieve that purpose and in particular but without prejudice to the generality of the matters aforesaid, it shall have power — (a) to hold a service extension and training facilities to the farmers in order to equip themselves with the necessary technology to develop agriculture gardening, farming, animals, household economy, agribusiness and other commercial enterprises;
10 laws of Malaysia ACT 109 (b) to expand the production of agriculture among farmers and smallholders to achieve diversity and wider agricultural commercialization and to expand and advance the business of agriculture;
(c) to organise the supply of daily necessities including farm and other facilities required for progressive farming and rural life better;
(d) to provide facilities and services kejenteraan farm to modernize farming efforts;
(e) to provide credit facilities and services and develop greater investment in agriculture and the economy;
(f) to promote, encourage, facilitate and offer services for rural savings;
(g) to provide marketing services, storage, drying complex, warehousing and other facilities;
(h) to operate and provide transportation to enhance the marketability of agriculture and related efforts;
(i) to establish and operate a plant to process and manufacture complex may be necessary for the processing of agricultural products;
(j) to enable the capital formation and investment among members or units of its members through the establishment of the company or equity participation in the effort to trade and business;
(k) to assist members in obtaining land and to undertake land development projects for the benefit of members;
(l) to encourage and mempergiat action groups through a variety of community projects and facilitate the advancement of leadership;
(m) to provide social services, educational and recreational facilities to add social progress and the welfare of the family plantation.
Farmers ' 11 (2) Notwithstanding the powers conferred by subsection (1), a farmers ' organization may establish any company or participate in equity any effort to trade or business without the prior approval in writing of the Registrar, and the Registrar may, on giving such approval, impose such conditions as he thinks fit.
(3) without prejudice to the powers given to the Registrar in subsection (2), the Registrar may, by order in writing, restrict, impose such conditions up or regulate the power of a farmers ' organization to ensure efficiency and to avoid duplication, the farmers ' function.
(4) any person who is not satisfied with any order of the Registrar under subsection (2) or (3) may appeal to the Minister within thirty days from the date the order is made and the Minister may confirm, change or cancel the order; and decision of the Minister is final and shall not be questioned in any court.
PART III REGISTRATION Registrar for Farmers 7. (1) for the purposes of this Act, there shall be a Registrar of farmers ' organisation (in this Act referred to as "the Registrar") who is responsible for the registration, monitoring and control of all Farmers.
(2) the Director General for the farmers organisation authority shall be the Registrar.
(3) the Registrar may in writing delegate to any person, including any officer in the public service in the State of Sabah and Sarawak, with any of its powers under this Act except the power to suspend or dissolve the Farmers.
12 laws of Malaysia ACT 109 Express 8. The Registrar shall keep and maintain or cause to be kept and maintained a register or register containing details in respect of the registration of all Farmers as he may deem expedient.
PART IV RIGHTS and OBLIGATIONS of members and 9 farmers ' Association member units. (1) a person who is a Malaysian, have reached the age of 18 years and — (a) take part in the production of agricultural or livestock;
(b) the income obtained from agricultural or livestock production; or (c) the master of any of the factors of production agriculture or livestock, shall be eligible, subject to any regulations made under this Act, to be a member of a farmers ' organization.
(2) a cooperative-based agriculture or any group of persons are eligible to become a member unit of Farmers subject to any regulations made under this Act.
(3) members and members of a farmers ' organization formed and registered in accordance with this Act may not be running the right of a member or of a member or unit member until the Member units have made any payments to the Farmers in respect of membership or acquire any interest in the farmers ' organisation authority as may be prescribed by regulations made under this Act or by the Constitution or rules of the Farmers.
Farmers ' 13 (4) a member or a unit member cease to be a member or a member unit of a farmers ' Organization — (a) when the member resigns with voluntary according to the Constitution or rules of the Farmers;
(b) when the Member is deemed to have ceased to be a member pursuant to any regulations made under this Act or in accordance with the provisions of the Constitution or rules of the Farmers;
(c) with regard to a member when the member dies or on a unit member, when the unit was dissolved.
Disposal proceeds to or through farmers ' 10. (1) a farmers ' organization that one of its purposes the disposal of any member or unit revenue, members can allocate in the kaedah-kaedahnya or may otherwise enter into contracts with members or units whose members — (a) that every Member or to the Member's unit that produces any article shall dispose of all or any amount, rate or specific description of the thing to or through farmers '; and (b) that a member or a member unit of the evident or punished in such manner as may be prescribed by regulations made under this act as has committed a breach of rules or the contract shall pay to Farmers such as damages determined much amount of money specified or assessed in such manner as prescribed by the regulations referred to earlier.
(2) no contract made under the provisions of this section may come into question in any court on the ground alone-points that it is a contract preventing the trade.
14 laws of Malaysia ACT 109 Lien and set-off in respect of the share or interest of the Member or the Member unit 11. A farmers ' organization shall have a lien on a share or interest in the capital and on the deposits of a member or of a member or former member of the unit or the former member or member of units that are already dead and on a dividend, bonus or profit payable to a member or a member or former member of the unit or the former member or unit to the estate of a dead person in respect of any debt due to the organisation Farmers by the Member or the Member or former member of the unit or the former member or unit of the estate, and may refuse any sum credited or payable to a member or a member or former member of the unit or container unit employee or the estate of a dead limb at or towards payment of any such debt.
Shares or interest cannot be detained or sold 12. (1) subject to section 11 of this Act, share or interest of a member or of a unit member in the capital of a farmers ' organization cannot be detained or sold under any decree or order of a court in respect of any debt or liability incurred by the Member or the Member's unit, as well as holders of property in circumstances not berkemampuannya or someone duly appointed receiver shall not be entitled to , or have any claim above, the interest or shares.
(2) the liability of a member or unit member for the debts of a farmers ' organization shall be determined according to the proportion of shares or interest held by the Member or the Member units compared with the whole of the farmers ' debts.
Transfer of title of interest when members die or unit members of the dissolved 13. (1) upon the death of a member or of a member of the unit was disbanded, something Farmers may — (a) in respect of a member of the dead, transferred the shares or interest members of the dead to the person named by Farmers 15 regulations made under this Act, or, if no person already named as such, to someone who turned out at the Cabinet of the Director is the beneficiary or representative in law of the dead or can pay to the person named, the heirs or representatives in the presence of the law as the case may be, a sum of money to be the value of the share or interest of the dead members as may be determined in accordance with any regulations made under this Act;
(b) in respect of a unit member of the disbanded, pay to the liquidator a sum of money to be the value of the share or interest of the disbanded members of units as determined in accordance with regulations made under this Act.
(2) a Farmers can pay all other money payable to the members of dead members or units disbanded by Farmers to the person named, the heirs, representatives of the law or the liquidator, as the case may be.
(3) all transfer and payments made by Farmers in accordance with the provisions of this section shall be valid and effective against any claim made to Farmers by any other person.
Of Directors 14. (1) every farmers ' organisation shall be managed by a Council of directors who are elected or appointed by, and have such powers as prescribed by the regulations made under this Act or the Constitution or rules of the Farmers.
(2) for the purpose of doing the work of each of the Farmers, one General Manager and officials and other servants shall be for the Farmers who are appointed in accordance with the regulations made under this Act or the Constitution or rules of the Farmers.
16 laws of Malaysia ACT 109 (3) Responsibilities and duties of General Manager, officers and Cabinet Director of the aforesaid shall be according to the Constitution or rules of the Farmers.
(4) the Director shall hold office, retiring and can be fired from his post in accordance with the Constitution or rules of the Farmers.
(5) the Office of a Director shall be deemed to be cleared in any of the following matters, namely: (a) if he becomes bankrupt;
(b) if he is convicted of a criminal offence in respect of fraud, dishonesty or moral turpitude;
(c) if he fails to attend meetings of the Cabinet Director three times in a row without permission;
(d) if he cease to be a Malaysian citizen or another Member of the farmers ' Association;
(e) if he becomes insane;
(f) if he participates in any arrangement or acting according to a way that in the opinion of the Registrar of the harm to the interests of the Farmers; or
(g) if he received pay from or become employees of the Farmers.
Farmers ' Money 15. Money every farmers ' shall consist of — (a) the fees of members and unit members; and (b) money acquired, accrued or earned according to the farmers ' organisation authority provided by this Act or any regulations made thereunder.
The power to borrow money, etc.
15A. (1) subject to section 6, and to such limit as may be applicable from time to time by the Registrar, something Farmers can borrow money or assume commitment or other financial obligations for the purpose of implementing the purpose and functions.
Farmers ' 17 (2) in each annual general meeting, every farmers ' organisation shall determine, subject to the limits imposed by the Registrar pursuant to subsection (1), the maximum limit of indebtedness which may be incurred by him at any time in the next financial year due to the moneys borrowed or to be borrowed and other financial obligations and commitments made or will be made before and during that financial year.
Investment money 15B. Subject to section 6, a farmers ' organization can invest or depositing the money is — (a) into any bank approved by the Registrar from time to time;
(b) in any securities the Federal Government or the Government of any State;
(c) in securities issued in the Federal Treasury with the approval by any public authority established under federal law or State;
(d) with the approval of the Registrar, in the share capital or securities of any body or registered company;
(e) with the approval of the Registrar, in the acquisition of land or buildings or the construction of buildings; or (f) in any other manner approved by the Registrar.
The 16 Reserve Fund. Every Farmers should establish a reserve Fund shall include money from the General Fund that is set aside for that purpose and which shall be used in accordance with the Constitution or rules of the Farmers.
Dispute resolution 17. (1) (a) where a dispute touching on the business of a farmers ' organization has arisen — (i) among members, former members of unit members, former unit members and persons claiming through the Member, the Member, former member of the unit, the former unit members and members of the dead;
18 laws of Malaysia ACT 109 (ii) between a member, a former member of the unit's members, a former unit member or person claiming through a member, Member, a former member of the unit, a former unit member or employee dead with the Farmers or the Cabinet of its directors; or (iii) between the Farmers with other Farmers something;
the dispute shall be referred to the Registrar for decision.
(b) a claim by any Farmers because of a debt or claim due to it by a member, the Member, former member, a former member of the unit or person named, the heirs or representatives in law for a member of the dead or liquidator for a member of the disbanded unit or a claim by farmers ' higher level for a particular debt or claims incurred by farmers ' lower level shall be deemed to be a dispute affecting farmers ' managing it.
(2) the Registrar may, upon receipt of a reference under subsection (1) — (a) determine the dispute itself; or (b) refer it to be made to the arbitrator.
(3) an appeal against the decision of the Registrar or an arbitrator under subsection (2) shall be made to the Minister and shall be made within two months from the date of the decision.
(4) a decision of the Minister in an appeal under subsection (3) shall be final and shall not be questioned in any court.
(5) a decision of the Registrar or an arbitrator under subsection (2) or, if there is an appeal against it, the results as confirmed or varied by the Minister, shall be enforced in the same manner as if such decision is a judgment of the Court Sessions.
Farmers ' 19 Case stated on a question of law 18. (1) Notwithstanding anything contained in section 17, the Minister may, at any time when an appeal has been referred to it under that section, refer any question of law arising in the course of perosiding relating to the appeal to the opinion of the High Court.
(2) the High Court shall hear and determine the question of law referred to the same.
PART IV A MERGER of AREA FARMERS and the STATE of merger Procedures Area 18A. (1) any Area may provide notice in accordance with the rules of the organization about his wish to convene a general meeting of the organisation of the special special settings for merger with other area farmers are proposed.
(2) in every meeting that area farmers ' organisation, a special resolution shall be proposed for the merger and an application shall be made to the Registrar for that purpose.
Registration Of State Farmers 18B. Where an application under section 18A has been made in respect of each Area and the Registrar is satisfied — (a) that the special resolution that supports the proposed merger is approved accordingly by each Area equal in all material particulars with a resolution passed by the Area to another;
20 laws of Malaysia ACT 109 (b) that the merger scheme contained in the ruling in the case of each Area is equivalent in all material particulars with area farmers to another; and (c) that the provisions of the Constitution or the rules of the State farmers ' proposed that is in accordance with the regulations made under this Act, he shall register or cause to be registered State farmers in accordance with rules made under this Act.
Procedures for merging the State farmers ' Association 18C. With respect to the procedures for the merger of any two or more State farmers, the provision of section 18A and 18B shall apply provided that the word "Area" and "farmers ' State" in wherever there is respectively shall be replaced by the words "farmers ' State" and "the national farmers ' Association".
Part V INSPECTION, suspension and DISSOLUTION authority to examine 19. The Registrar or a person authorized in writing in that behalf, have power — (a) to examine the accounts and assets of a farmers ' organization or unit member of the farmers ' Association; and (b) to conduct an investigation with respect to the course of business and the farmers ' financial situation or the farmers ' Association member units.
Farmers ' 21 the power to suspend and dissolve 20. (1) if the Registrar is of the opinion that the interests of farmers are generally in an area to do so he may by order suspend the Constitution or rules of a farmers ' organization.
(2) as soon as the order under subsection (1) is made, the Registrar shall cause to be made an investigation in respect of the farmers ' Association of which the order was made or in respect of any aspect of the business of the Farmers.
(3) after an investigation under subsection (2) is made, the Registrar may revoke the suspension order or order that the Farmers should be abolished as it may deem expedient.
(4) subject to an appeal made under the provisions of section 21, order to dissolve a farmers ' organisation shall become effective upon the expiry of three months after the date the order is published.
(5) a Farmers involved by an order under this section shall be dissolved in accordance with the regulations made under this Act.
Appeal 21. Any person aggrieved by an order of the Registrar made under section 20 may within thirty days from the date the order is made, appeal to the Minister who shall confirm or cancel the order, and the decision of the Minister is final and shall not be questioned in any court.
Cannot conduct within suspension 22. During the period of suspension of a farmers ' organization is illegal for the Farmers to carry out any business notwithstanding section 4: provided that this section shall not prevent the Farmers from managed or managing of carried out by any person appointed under section 23.
22 laws of Malaysia ACT 109 Management within suspension 23. The Registrar is credible, after an order to suspend any Farmers made, to appoint any person to manage the Affairs of the Farmers in time to suspension up to the Cabinet a new Director or any officer of the Farmers has been selected or employed.
24. The Registrar shall audit or cause to be audited by a person duly authorized by him by order of General or special account in writing every farmers ' or units of the farmers ' Association members at least once a year.
The right of access to records, etc.
24. (1) the Registrar or every person authorized shall be entitled to have access at all times to the accounting and other records, which may include express, every farmers ' and shall have power — (a) to call at the time of the audit any officer or former officers, agents, servants or members of the farmers ' organization or unit member who he has reason to believe can provide material information in connection with any transaction or Farmers or members of the unit to the management of its affairs;
(b) to require the submission in any place and in any period as may be specified by him any books or documents relating to the affair, or any cash or securities belonging to registered Farmers or unit personnel officer or former officers, agents, servants or member that owns books, documents, cash or the securities.
(2) If during the time of the winding up of a farmers ' organization or unit member of the farmers ' Association or arising from an audit under section 24 or an investigation or farmers ' 23 inspection under section 19 it appears that any person who has participated in the organization or management of farmers ' or units to the Member or any of its officers, agents, servants or members of the farmers ' organization or unit member of the ago or now has been abusing or save or liable or responsible for any money or property of Farmers or to the Member units or have committed the offence of misfeasance or breach of trust in relation to farmers ' organization or unit members or upon the application of a liquidator or any creditor or contributors, Registrar or other authorized person shall have the power to check the code of the person and make an order calling for him to repay or return the money or the property or any part thereof, together with the flowers according to such rates as the Registrar may think fit or to contribute so much to the Farmers ' assets or units to the Member by way of compensation in respect of abuse, storage, dishonesty or breach of trust such as the Registrar may think fit and such order shall be enforced in the same manner as if the order were a judgment of the Court.
PART VI MISCELLANEOUS Express members 25. A register or list of Member or member units stored by any Farmers shall be prima facie evidence of any of the following particulars set out therein: (a) the date of a person's name has been recorded in the register or the list as a Member;
(b) the date the name of an agricultural-based cooperatives or groups of people have been recorded in the register or the list as a unit members;
(c) the date of a person, the cooperative agricultural-based or group person ceases to be a member or unit member of the farmers ' Association.
24 laws of Malaysia ACT 109 evidence of entries in books of farmers ' organisation and unit personnel 26. (1) a copy of an entry in the books of a farmers ' organization or unit member for the Farmers kept in the course of its conduct shall, if certified in such manner as may be prescribed by regulations, accepted in any legal proceeding, civil or criminal, as prima facie evidence of the existence of the record and shall be received as evidence of the matters, transactions and accounts recorded therein is in every case if and to the extent the original entry itself is admissible as evidence.
(2) No officer for any Farmers or to the Member unit may, in any legal proceedings in which the Farmers or to the Member units not being a party, forced to produce any book or farmers ' Association Member unit, which its content can be proved under subsection (1) or forced to appear as a witness to prove a thing, or managing accounts recorded therein unless directed by the Court for special reasons.
Special powers of the Minister to exempt from the requirement of registration, etc.
27. (1) Notwithstanding anything contained in this Act the Minister may, by order of the special for each case and subject to such conditions, if any, as he may be, exempt any Farmers from any requirements of this act as to registration.
(2) the Minister may, by General or special order, exclude any Farmers than any other provisions of this Act, or may direct that such provisions shall apply to the Farmers starting from a date or by any modification as may be specified in the order.
Farmers ' 25 power to exempt from duty or tax of 28. The Minister of finance may, by notification in the Gazette, of a farmers ' organization or of a class of Farmers that reduce or remit — (a) a tax or duty under any law for the time being in force payable in respect of the farmers ' profits or in respect of dividends or other payments received by the Member or the Member's unit because the farmers ' profits;
(b) stamp duty that may be imposed under any law for the time being in force on every instrument executed by or on behalf of any of the farmers ' organization, the members of the unit or by an officer or employee of and in connection with the business of Farmers or units to the Member or for any class of instrument.
Annual general meeting 28A. (1) annual general meeting every farmers ' organization shall be held within three months after the end of the financial year of each farmers ' organisation.
(2) Notwithstanding subsection (1), Farmers can apply to the Registrar for extending time to convene the annual general meeting.
Are prohibited from using the word "Farmers" 29. (1) No person, organisation or company or association unless Farmers registered under this Act shall be dealing or conduct on any name or title of partly contains the word "Farmers" without the consent of the Minister: provided that nothing-nothing in this section may apply to the use by any person, organisation or company or association or his successor in interest of any name or title of a business or business was conducted on the commencement of this Act.
26 laws of Malaysia ACT 109 (2) any person who contravenes the provisions of this section commits an offence and may be liable to a fine not exceeding five hundred dollars, and, regarding the offence continues, to a fine of fifty dollars for each day the offence is continued.
Trade Union law and the companies act not applicable 30. The provisions of any law in force in respect of trade unions and the provisions of the companies Act 1965 [Act 125], shall not apply to any Farmers registered under this Act.
Error 31. A person who — (a) ignore or refuse to do any act or refuses to or does not provide any information required for the purposes of this Act or any regulations made thereunder;
(b) give false information or make any statement is false about any matter required to be given or made under the provisions of this Act or any regulations made thereunder;
(c) not according to any request or a valid written order issued under the provision of this Act or any regulations made thereunder; or (d) contravenes or fails to comply with other requirements of this Act or any regulations made thereunder, commits an offence under this Act and may be liable to a fine not exceeding one thousand dollars and, regarding the offence continues, to a fine of fifty dollars for each day the offence is continued.
Farmers ' 27 * Prohibition and restriction on registration of cooperative agriculture 32. Any co-operative society registered under the co-operative Societies Act 1993 [Act 502] after this Act comes into force, and that one of its main purpose or function in respect of agricultural production, agricultural credit, marketing or processing or a commercial effort and such trade should be in as a unit member for any of the farmers ' organization as directed by the Director General of the farmers organisation authority.
The costs of forced liquidation shall be borne by the farmers ' organisation authority 33. If under any regulations made under section 35, any co-operative agricultural-based on the date this Act comes into force are required to be forced so dissolved, expenses for rolling the cooperative as a result of the regulations shall be paid by the farmers ' organisation authority as if the expenses had been performed during the exercise of the powers and functions.
34 this Act shall apply. After the commencement of this Act —
(a) if there is a discrepancy between the provisions of this Act or any regulations made thereunder with the provisions of the Cooperatives Act 1993, the provisions of this Act or any regulations made thereunder shall apply;
(b) the Director General of the farmers organisation authority shall in respect of agricultural-based cooperative are deemed to be the Chief Registrar for the co-operative under the co-operative Societies Act 1993, and shall be vested with and may exercise all or any of the powers of the Registrar General.
(c) (Repealed by the Act A247).
* NOTE — This section comes into operation on 15-03-1974-see Act A247 28 laws of Malaysia ACT 109 regulations 35. (1) the Board may, with the approval of the Minister, make regulations necessary for the purpose of carrying out or enforcing any of the provisions of this Act.
(2) in particular and without prejudice to the generality of conferred by subsection (1), such regulations may — (a) prescribing the forms to be used and the conditions to be complied with by the formation, establishment and registration of a farmers ' organization, in a merger of two or more Farmers to a farmers ' higher level and its registration and procedures shall be applicable on the matter;
(b) prescribing the conditions to be complied with by persons applying in order to be admitted as a member of, and provide about the selection and admission of members from time to time, and which payment is to be made and interest shall be obtained prior to the exercise of the rights of members;
(c) require a cooperative-based agriculture to enter any of the farmers ' Association and in accordance with the requirements of the can — (i) regulating the admission cooperatives into farmers ';
(ii) determine the payments to be made and interest shall be acquired by the cooperative;
(iii) regulating the establishment, management and control point by the farmers ' cooperatives;
(iv) determine the status, rights and obligations of the cooperative's members are in touch with Farmers;
(d) prescribing the maximum number of shares or the maximum part of a farmers ' organization registered capital that can be held by a member or a member of the unit;
Farmers ' 29 (e) provide for the Member to withdraw and to remove members or to suspend and dissolve unit members and for payments, if any, should be made to a member or unit members who abstain or removed or dissolved and for former members and dependents of members of the unit;
(f) provide for meetings of the members and unit members and for setting in the meeting and the powers shall be exercised by the meeting;
(g) to provide for the establishment, composition, appointment, suspension and dismissal of the Cabinet of the directors and officers and other servants and Farmers on the procedure at meetings of the Cabinet of the Director and of the powers shall be exercised and the duties to be undertaken by the Council of Directors and officers and other servants Farmers;
(h) prescribing the matters in respect of which a farmers ' organization can or should make rules and procedures to be followed in making, change and cancel the rules and conditions to be met prior to make, vary or revoke such rules;
(i) regulating the manner in which money is possible with shares or debentures or otherwise;
(j) prescribing the conditions to be complied with by any Farmers seeking financial aid from the farmers organisation authority;
(k) prescribing the payment shall be made, the conditions to be complied with, and form bonds, instrument or other document to be completed, by members of the unit members apply for a loan or credit cash, loan or credit period may be granted, and the maximum amount that can be borrowed and the maximum credit may be allowed for a member or a member units with or without the consent of the Registrar;
30 laws of Malaysia ACT 109 (l) to provide for the manner in which the value of the interest of a member of the dead or the value of the interest of a member of the unit to be disbanded, and the nomination of a person to whom the interest can be paid or transferred titles;
(m) provide about how the value of the interest of a person who has not perfect akalnya and which are not capable of managing itself or its affairs to be determined and on the naming of a person to whom the interest can be paid or transferred titles;
(n) provide on the formation and maintenance of the reserve fund, and the purpose of the Fund can be used, and the investment of any funds under the control of any Farmers;
(o) prescribing the conditions under which profits can be divided into members and members of a farmers ' organization and the maximum rate of dividends can be paid by Farmers;
(p) prescribing the auditing system and pengakaunan of a farmers ' organization and for the regular broadcasting of a balance sheet showing the assets and liabilities of a farmers ' organization;
(q) prescribing the statement to be delivered by a farmers ' organization to the Registrar and the persons by whom and the form in which the statement is to be made;
(r) to provide for the maintenance of a register of members and unit member, and a register of shares;
(s) provide on the inspection of documents and the register at the Office of the Registrar and costs which shall be paid to him and about the production of copies for documents or express it;
(t) prescribing the manner in which a question about breach of rules or contracts in respect of the disposal proceeds to or through a farmers ' organisation can be determined and the manner in which specified the amount of damages for a breach that can be measured or assessed;
Farmers ' 31 (u) prescribing the manner of appointing the arbitrators and the procedure to be followed in proceedings before the Registrar or the arbitrator;
(v) prescribing the procedure to be followed when a member or unit of a farmers ' Association suspended or dissolved and provide about appointing a liquidator and the procedure to be followed by him;
(w) prescribing the forms to be used, the costs to be paid, the procedure to be followed and all other matters related or incidental to the presentation, hearing and resolution of appeals under this Act or the regulations.
The abolition of 36. (1) farmers ' Association Act 1967 [Act 27 1967] is repealed.
(2) when this section comes into operation — (a) all farmers ' Association shall be deemed to be formed and registered under this Act;
(b) any reference to "farmers ' Association" in any written law shall be deemed to be a reference to "farmers '"; and (c) change of name "farmers ' Association" to "Farmers" shall not affect any right or liability of farmers ' Association or make tercacat any legal proceedings by or against him, and any legal proceedings that might have been continued or commenced by or against it before the commencement of this section may be continued or commenced under the new name.
32 laws of Malaysia ACT 109 laws of MALAYSIA Act 109 FARMERS ' ORGANISATION ACT 1973 LIST AMENDMENT law short title force of the Act amending the Act A247 Farmers (Amendment) 15-03-1974 1974 Act 160 Act the Malaysian currency (Ringgit) 29-08-1975 1975 Act A552 Farmers Act (Amendment) 01-04-1983 1983 Act A721 Farmers Act (Amendment) 01-10-1989 1989 Act 502 co-operative Societies Act 1993 22-01-1994 P.U. (A) 343/2002 Order of revision by-23-08-2002 Legislation (Farm Organizations Act Corrections 1973) 2002 farmers ' 33
Laws of MALAYSIA Act 109 FARMERS ' ORGANISATION ACT 1973 LIST of SECTION AMENDED Section Power amend with effect from 2 Act A552 01-04-1983 3 Act A552 01-04-1983 6 Act A552 01-04-1983 Act A721 01-10-1989 9 Act A552 01-04-1983 12 Act A721 01-10-1989 15A-15B A552 Act 01-04-1983 17 Act A552 01-04-1983 18A-18C Act A552 01-04-1983 24A A552 Act 01-04-1983 25 Act A552 01-04-1983 28A A552 Act 01-04-1983 29 Act 160 29-08-1975 31 Act 160 29-08-1975 32 Act A247 15-03-1974 Act A552 01-04-1983
33 the Act A552 01-04-1983 34 Act A247 15-03-1974 Act A552 01-04-1983 Act A721 01-10-1989 35 Act A552 01-04-1983 36 Act A552 01-04-1983