Farmers ' Organisation Authority Act 1973

Original Language Title: Farmers’ Organization Authority Act 1973

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WM laws of MALAYSIA Act 110 REPRINTING the FARMERS ORGANISATION AUTHORITY 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 Royal Assent Date 110............ 15 January 1973, the date of publication in the Gazette......... June 21, 1973 REPRINT BEFORE Reprinting the first............ 1994 Reprinting the second............ 2000 the FARMERS ORGANISATION AUTHORITY ACT 1973 the farmers organisation authority 3 laws of MALAYSIA Act 110 FARMERS ' ORGANISATION AUTHORITY ACT 1973 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation Part II BOARD 3. Board 4. Functions Of The Board 5. Membership Of The Board 6. Formation Of The Council 7. Public Authorities Protection 8. Public servants 9. Power of Minister to give directions 10. Farmers ' Development Area 11. Additional functions of the Board 12. Statements, reports, accounts and information 4 laws of Malaysia ACT 110 PART III DIVISION, officers and SERVANTS of section 13. The Chairman shall be the Chief Executive Officer General Manager 14. The Director General shall be the Chief Executive Officer of work 15. Appointment of officials and other servants 16. Parts can be built 17. Discipline of officers and servants 17A. The Establishment Of A Disciplinary Appeal Board 17B. Termination in the public interest 18. Regulations in respect of the conditions of service of officers and servants PART IV FINANCIAL 19. Establishment Of Fund 20. Rebalancing revenue account 21. 22 reserve fund. Expenses shall be charged on the Fund 23. Expenditure and preparation of Estimates 24. Accounts and audit 24A. Part V OTHER Surcharges POWER BOARD 25. Delegation authority 26. Power to borrow 27. 28 investment. Power to employ agents 29. Power to grant loans 30. The authority established Corporation 31. Land acquisition by force the farmers organisation Authority 5 PART VI GENERAL Section 32. (Cut) 33. 34. The obligation of confidentiality Civil proceedings 35. Error about the loans and the burden of proof 36. The Consent Of The Public Prosecutor 37. The power to make regulations 38. Things done in anticipation of this Act made the FIRST SCHEDULE SECOND SCHEDULE of the THIRD SCHEDULE of the FOURTH SCHEDULE of the 6 laws of Malaysia ACT 110 farmers ' organisation Authority 7 laws of MALAYSIA Act 110 FARMERS ' ORGANISATION AUTHORITY ACT 1973 an act for incorporating the farmers organisation authority and to provide for matters connected therewith.
[February 14, 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 and commencement 1. This Act may be cited as the farmers organisation Authority Act 1973, and shall be deemed to have come into operation on 14 February 1973.
Interpretation 2. In this Act, unless the context otherwise requires — "farmer's Development Area" means an area in which economic and agricultural development are encouraged and intensified that shall be determined by the Minister in accordance with section 10;
"Fund" means the Fund established under section 19;
"Board" means the farmers organisation authority established under section 3;
8 laws of Malaysia ACT 110 "Council" means the Advisory Council of Farmers established under section 6;
"Chairman" means the Chairman of the Board appointed under section 5;
"Corporation" means a corporation established under section 30;
"Farmers" means a farmers ' organization established under the farmers ' 1973 [Act 109];
"company" has the same meaning as given to "the Corporation" under subsection 4 (1) of the companies Act 1965 [Act 125];
"Deputy Chairman" means a Deputy Chairman of the Board appointed under section 5.
PART II Board 3. It is hereby established a body corporate called the farmers organisation authority that perpetual and have a common seal and which can be claimed and alleged his name and, subject to and for the purposes of this Act, may enter into contracts and can acquire, purchase, take, hold and enjoy movable and immovable property of all types and can memindahhakkan, assign, surrender, return , mortgage, charge-promise, mendemiskan, re-assign, transfer or otherwise dispose of, or make any arrangements regarding, any movable or immovable property or any interest thereon which are vested in the Board based on such terms as it may deem fit.
Functions Of The Board 4. (1) the function of the Board is — (a) to promote, facilitate and operate mempergiat, the economic and social advancement of the Farmers;
The farmers organisation authority 9 (b) register, control and supervise the farmers organisation authority and provide for matters related thereto;
(c) If a declaration by notification has been made under section 10, plan and operate any agricultural development in the area of the advancement of the Farmers; and (d) to control and coordinate the implementation of activities referred to earlier.
(2) the Board shall have power to do all things expedient or reasonably necessary or incidental to the exercise of its functions, and in particular, but without prejudice to the generality of the aforesaid — (a) to carry out all activities, particularly in the commercial and industrial enterprises commissioning, in the opinion of the Board, it is necessary, appropriate or beneficial for or in connection with the exercise of the functions, including the production of the main the collection, manufacturing, processing, grading, packaging, and marketing of agricultural produce, research and training;
(b) to start the initial study on the possibility of holding the progress and advancement of the agriculture and make initial plans showing the summary of activities of advancement or progress of the agriculture and the initial review to determine whether the function of the farm and carry out project development or the development of agriculture that can be carried out as an enterprise for Farmers;
(c) to cooperate with or act as agent or management agent for or otherwise associated with or acting on behalf of the Federal Government or the Government of any State, any public authority, any company, any corporation, any body or any person;
(d) to encourage and co-ordinate the activities by the Government, public authorities, any company, Corporation, or other body or person;
10 laws of Malaysia ACT 110 (e) to establish or expand, or encourage the formation of or pemerluasan, company, Corporation or other body to carry out any activity that either under control or partial control of the Board or freely;
(f) to provide assistance to Farmers, public authorities, company, Corporation or body or other person who in the opinion of the Board has the facilities to carry out any of the activities, including financial assistance by taking shares or capital loans or to loans or otherwise;
(g) to buy, bear or otherwise acquire any shares and shares in any public company or private company and to dispose of it either to the Farmers or any other person upon such terms and conditions as may be determined by the Board;
(h) to request the Department of, and non-governmental agencies on duty in conducting or proposing to carry out agricultural-based development for the benefit of farmers to submit reports in respect of the activities or the activities of its proposal containing such particulars and information as may be determined by the Board and to work with the Board in its efforts to develop the Farmers;
(i) to appoint an agent or establish such other bodies as it may deem fit for the purpose of carrying out its functions;
(j) to charge fees or any other charges as it thinks fit to carry out any of the powers or functions;
(k) to receive, in return for services rendered by him, any Commission or fee as agreed;
(l) to make regulations on the progress in the Progress Area Farmers; and the farmers organisation authority 11 (m) to do such other things as it may deem fit for the exercise of functions and powers effectively.
(3) subject to section 8, it is the responsibility of the Board in the exercise of its functions under this Act to ensure that such functions are implemented in a way that will advance the Government's policy for the time being in force and, in particular, policies relating to the formation of the society.
Membership Of The Board 5. (1) the Board shall consist of the following members appointed by the Minister: (a) a Chairman;
(b) a Deputy Chairman;
(c) the Director-General; and (d) six other members, no more than four of whom shall be from the civil service.
(2) the first schedule to this Act shall apply to the members of the Board.
Formation Of The Council 6. (1) it is hereby established a body to be called "Farmer Advisory Council" which its function is —

(a) generally to advise the Minister on matters relating to the progress of Farmers; and (b) advise the Minister on any matter referred to it by the Minister.
(2) the Council shall consist of the following members: (a) the Chairman of the Board who shall be the Chairman of the Council;
(b) the Deputy Chairman of the Board who shall be the Deputy Chairman of the Council;
12 laws of Malaysia ACT 110 (c) the Director General of the Board who shall be the Secretary of the Council;
(d) the Director General of Agriculture;
(e) the Director General of the Department of cooperative development;
(f) a representative of the Ministry of agriculture and agro-based industries;
(g) a representative of the Ministry of rural and regional development;
(h) a representative of the Ministry of plantations industries and commodities;
(i) a representative of the Treasury;
(j) a representative of the Ministry of domestic trade and Consumer Affairs;
(k) a representative of the Office of the Prime Minister;
(l) a representative from each State in Malaysia; and (m) not more than six other members appointed by the Minister.
(3) paragraphs 1, 2, 3, 7, 8 and 9 and subparagraph 4 (3), 4 (4) and 4 (5) of the first schedule shall apply to Council with any modifications necessary.
(4) the Council shall meet at least twice in every calendar year.
(5) the Chairman, Deputy Chairman or member who chaired the meeting and ten other members shall constitute a quorum of any meeting of the Council.
Public Authorities Protection 7. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding of the Board or against a member, officer, agent or servants of the Board in respect of any act, neglect or default made or done by him on a nature that is.
The farmers organisation authority 13 public servants 8. All members, officers and servants of the Board shall be deemed to be public servants within the meaning of the Penal Code [Act 574] while performing their duties as a member, officer or the servants.
Power of Minister to give directions 9. (1) the Board shall report to the Minister, and the Minister may, from time to time, giving instructions not contrary to the provisions of this Act and the Board shall perform all such directions as soon as possible.
(2) without prejudice to the generality of subsection (1), and subject to consultation with the Board, the power of Minister to give directions shall include instructions to the Board — (a) on disposal of capital assets; and (b) use of proceeds from the disposal of that, even if the instructions of a certain type: provided that in so far as any sums borrowed by the Board in accordance with the provisions of this Act are still pending, so there are no instructions can be given except with the consent of the Minister of finance.
Area Farmers ' Development 10. (1) for the purposes of this Act, the Minister may, after consultation with the State and any other public authorities which, in the opinion of the Minister, will be affected by the Declaration, declare by notification in the Gazette the area in which the Board can carry out its functions under this Act and shall be known as the farmers ' Development 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 within the farmers ' Development.
14 laws of Malaysia ACT 110 additional Function Board 11. In addition to the obligations imposed on the Board and the powers vested in them by this Act, the Board may operate any other functions, exercise such other powers and administers and spend any money for any purpose as allocated or assigned to it by the Federal Government or the Government of any State and in doing so, the Board shall be deemed to fulfill the purposes of this Act and the provisions of this Act shall apply to the Board in respect of such functions and administration and expenditure of money it: provided always that accounts for the money shall be kept separate and different from the account of the Fund.
Statements, reports, accounts and information 12. (1) the Board shall give to the Minister and any person, group of persons or other public authority as directed by the Minister, any statements, reports, accounts and information relating to the property and its activities as required or directed by the Minister from time to time.
(2) without prejudice to the generality of subsection (1), the Board shall, as soon as practicable, after the end of each financial year, cause to be made and sent to the Minister and, if directed by the Minister, to the Government of any State or any other public authority, a report with respect to the activities of the Board in the previous financial year and in accordance with such form and contain such information relating to the proceedings and the Board policy as determined by the Minister from time to time.
(3) the Minister shall cause a copy of every report is tabled at the House of Commons.
The farmers organisation authority 15 PART III DIVISION, officers and SERVANTS of the Chairman shall be the Chief Executive Officer General Manager 13. (1) the Chairman shall be responsible for issuing policy guidance or clarification on the Board's decision.
(2) the Chairman shall exercise such other or additional obligations as may be prescribed by the Minister from time to time.
(3) if the Chairman is not in Malaysia temporarily or temporarily incapacitated due to illness or any other reason enough to carry out his duties, the Deputy Chairman shall exercise its duties in time he does not have or is unable to do in the meantime.
The Director General shall be the Chief Executive Officer of work 14. (1) the Board may, with the approval of the Minister, employ and appoint a Director-General to become Chief Officer Working on such terms and conditions and for such period as may be prescribed by the Board.
(2) the Director General shall be responsible for preparing the programme, scheme or project for consideration of the Board and to implement the programme, scheme or the project and the instructions of the Chairman.
(3) subject to the directions of the Chairman, the Director General has the power to control officers and servants of the Board in terms of administration.
(4) the Director General shall exercise such other or additional obligations as may be prescribed by the Board or the Minister from time to time or as directed by the Chairman from time to time.
16 laws of Malaysia ACT 110 appointment of officers and other servants 15. (1) subject to any regulations made under section 18, the Board may appoint upon such terms and conditions as it thinks fit to any person as an officer and other officers and servants as may be necessary to carry out the purposes of this Act.
(2) No person is eligible to be employed even as work officer or officers or servants of the Board if that person, directly or indirectly, have themselves or through a partner, any share or interest in a contract or a contract proposed by, for or on behalf of the Board.
(3) any officer or officers or servants of the Board have or acquire any shares or interest it may in its discretion the Board dismissed directly without notice.
Parts can be erected 16. (1) the Board may establish the Division as it thinks fit and each part shall be under the control and custody of an officer work.
(2) it shall be the responsibility of the Officer Works for a particular Part may be to implement and carry out the Board's decision on the matter of part thereof, to submit recommendations for policy deliberation, to participate without the right to vote, in any Board meetings and meetings of the Council when matters of part thereof considered in the meeting and to exercise all the powers that can be delegated to it by the Board.
Discipline of officers and servants 17. (1) there shall be a Committee of the disciplinary board shall consist of two members shall be elected by and from the members of the Board, one of whom shall be elected as Chairman, and the Director-General appointed under subsection 5 (1).
The farmers organisation authority 17 (2) the disciplinary authority in respect of every officer and servant of the Board, other than the Director-General, are the Disciplinary Board established under subsection (1).
(3) the disciplinary authority in respect of the Director-General was 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 shall be elected by and from the members of the Board.
(4) the Director General shall not be members 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 18.

(6) 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 to which has been delegated functions, powers or duties of such shall perform, carry out or he fulfilled under the direction and control of the Disciplinary Committee shall have the power to repeat the study , cancel or vary 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 from it.
(8) a decision of the Disciplinary Committee established under subsection (1) shall be appealable to the disciplinary Appeal Board established under section 17A.
18 laws of Malaysia ACT 110 (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) the decision of the Disciplinary Appeal Board or the Minister under subsection (10) shall be final and conclusive.
The Establishment Of A Disciplinary Appeal Board 17A. (1) there shall be a Board of Disciplinary Appeals Board which shall consist of the following members: (a) the Chairman, who shall be the Chairman of the disciplinary board of Appeal and shall have a casting vote; and (b) three members of the Board, who is not a member of the Disciplinary Committee whose decision is the matter of the appeal, which shall be appointed by the Chairman of the disciplinary board of Appeal with the approval of the Board for the purposes of the appeal.
(2) when the disciplinary Appeal Board considers an appeal made under section 17, a member of the Disciplinary Committee against appealed from who is also member of the Board may not be present on or in any way participate in any proceeding relating to the appeal.
Termination in the public interest 17B. (1) where the Board found or if the representations made to the Board that is desirable service of an officer or termination of the servants in the public interest, the Board may request the full report of the senior officer or officers servants against whom the representation is made which shall contain such particulars in relation to work and conduct officer or the peskhidmat.
The farmers organisation authority 19 (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, it is 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) is valid in law for the relevant disciplinary committee to recommend to the Board such that the service of an officer or servants that terminated 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 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 an officer or servants that his 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 unsatisfactory or should be blamed.
Regulations in respect of the conditions of service of officers and servants 18. (1) 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.
(2) unless otherwise provided, a reference in this Act of an officer of the Board shall include a reference to the Director General and an officer work.
(3) without prejudice to the generality of the foregoing, such regulations may provide for the matters specified in the second schedule.
20 laws of Malaysia ACT 110 PART IV FINANCIAL Establishment Fund 19. (1) for the purposes of this Act, it is hereby established a fund to be administered and controlled by the Board.
(2) the Fund shall consist of — (a) any money as may be assigned from time to time for that purpose by Parliament or Legislative Assembly of a State;
(b) any other moneys as may be assigned from time to time by the Board of the loan;
(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;
(e) any other property, investments, mortgages, charges or debentures acquired by or vested in the Board;
(f) money borrowed by the Board for the purpose of clarifying any of its obligations or exercise of any of his duties; and (g) all monies or other property that can in any way be payable to or vested in the Board in respect of any matter incidental to the powers and obligations.
(3) in this section, the expression "loan" means any money that may be held from time to time for the Federal Government or the Government of any State by way of a loan.
Rebalancing revenue accounts 20. It shall be the duty of the Board to conserve the Fund by exercise and perform the powers, functions and duties under this Act so that the total revenue of the farmers organisation authority 21 Board, subject to any direction given by the Minister under section 9, enough to pay all sums properly chargeable to revenue account, including, without prejudice to the generality of the expression, the provisions in respect of its obligations under section 19 and 21 and depletion and interest on capital , compare one year with one year to another.
Fund reserves of 21. The Board shall establish and manage a fund the reserve fund.
Expenses shall be charged on the Fund 22. Fund shall be expended for the purpose of — (a) paying all expenses incurred under section 27;
(b) loan under section 29;
(c) pay any expenses lawfully incurred by the Board, including costs and cost survey, costs and legal costs and 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, costs or other expenses incurred or is 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 other work and undertaking in discharging its duties or in the exercise of its functions under section 4;
(f) to repay any money borrowed under this Act and the interest payable thereon; and (g) generally, to pay any expenses of carrying out the provisions of this Act.
22 laws of Malaysia ACT 110 expenses and the preparation of the estimate of 23. (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 containing such particulars as may be directed by the Minister; and before the beginning of next year, the Minister shall notify the Board of the amount authorised for expenditure generally or the amount that is allowed for each type of expenditure.
(3) the Board may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included in it that.
(4) the Minister may direct the Board so as to send a copy of the estimates or supplementary estimates, as the case may be, to the Government of any State or to any other person as may be specified in the instructions.
Accounts and audit 24. (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 every year by the Auditor General or another auditor appointed by the Board with the approval of the Minister.

(3) after the end of that 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 directed by the Minister, to any State Government or to any other person, together 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.
The farmers organisation authority 23 (4) the Minister shall cause a copy of every statement and the views presented at the House of Commons.
Surcharges 24A. (1) if it appears to the Board that any person who is or has been employed by the Board — (a) has failed to collect any money owed to the Board pemungutannya be its duties;
(b) is or has been responsible for any payment of money out of the Fund which should not be made or for any payment of money is not properly certified;
(c) is or has been responsible, directly or indirectly, for any deficiency in, or for destruction, any moneys, stamps, securities, goods storage or other property of the Board;
(d) as, or as someone who used to be an official accounting, failing or have failed to keep proper records or account;
(e) has failed to make any payment, or is or has been responsible for any late in payment, money from the Fund to any person to whom payment is payable under any contract, agreement or arrangement made between the person with the Board, the Board shall deliver a written notice to him requesting so as to 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, payments should not be made, payment is not verified properly, lack of or destruction of, or failure to keep proper records or accounts, or the failure to make payment, or delaying in making payment then the Board can mensurcaj against that person a sum of money not exceeding the amount of any such amount not collected any payment , a lack of, or loss or the value of the property destroyed, as the case may be; and 24 laws of Malaysia ACT 110 in respect of the failure to keep proper records or accounts, or failure to make a payment, or late in making payment, the Board can mensurcaj against the person such sum as the Board may think fit.
(2) the Chairman shall cause the Director General informed of any surcharge made under subsection (1) and the Director-General shall thereupon notify the person who disurcaj it.
(3) the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if available otherwise that no surcharge should be made, and the Chairman shall immediately cause the Director-General 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 for him and be obtained in any court or legal Board and can also be obtained through the deduction of — (a) from the salary of the person disurcaj j if the Board so directs; or (b) the pension of people who disurcaj if the Board so directs, through 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 25. (1) the Board may, subject to such conditions, limitations or restrictions as it thinks fit, delegate to the Chairman, Deputy Chairman, the Director General or any other person the power and the authority to carry out on its behalf any power, duty or function vested the farmers organisation authority 25 on or imposed on the Board by this act as determined by the Board, except the power to borrow money , get loans and make regulations; and any power or function so delegated may be exercised or performed by the Chairman, Deputy Chairman, the Director General or any other person, as the case may be, in the name of and on behalf of the Board.
(2) without prejudice to the generality of subsection (1), the Board may delegate to the Chairman, Deputy Chairman, Director General, any of the other members or any other person, the powers to authorise expenditure from the Fund or any other Fund under the control of the Board to any extent determined by the Board in that case.
Power to borrow 26. (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 method of repayment and otherwise, as approved by the Minister with the consent of the Minister of finance, 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 and the consent of the Minister of finance, 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 he may deem expedient, for all or any of the following purposes: (a) provision for working capital;
(b) the obligations of the Board under this Act;
(c) meets any additional functions as diaku promise 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 capital account.
26 laws of Malaysia ACT 110 Investment 27. 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 may be approved by the Minister with the consent of the Minister of finance.
Power to employ agents 28. The Board may employ and pay agents and advisory techniques including a barrister and solicitor, bankers, stock brokers, surveyors or valuers or others, to carry on any business or to do any act required to be exercised or performed in carrying out the duties or to give effect to the purposes of this Act with a better way.
Power to provide loan 29. (1) in performing its duties or in the exercise of its functions, the Board may grant a 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.
(2) the third Schedule shall apply to loans granted by the Board under this section.
The power to establish the Corporation 30. (1) the Board may from time to time, by order published in the Gazette, establish a corporation with any name as it deems fit by the Board to implement and maintain, run and manage any project, a scheme or enterprise that has been planned or undertaken by the Board in discharging its duties or exercise of its functions.
(2) the provisions of the Fourth Schedule shall apply to a corporation established by the Board under subsection (1).
The farmers organisation authority 27 forced land acquisition with 31. (1) when an immovable property, which is not government land, are required to be taken by the Board for the purposes of this Act, then such property may be taken in accordance with the provisions of any written law relating to the acquisition of land for a public purpose for the time being in force in the State, and any declaration required by any written law is that the land that was so required may be made even though the compensation will be paid by the Board; and such declaration shall become effective as-by the Declaration was a declaration that the land is required for a public purpose in accordance with the written law.
(2) expenses and compensation of any immovable property taken under this section shall be paid by the Board.
(3) when any immovable property has been acquired under this section, the Board shall take necessary titles draw on such property and shall pay any rent imposed on such property.
PART VI GENERAL 32. (Struck by Act 478).
33. The obligation of confidentiality (1) except for the purposes of this Act or the purpose of criminal proceedings under this Act, no Member, officer or Board servants may disclose any information which has been obtained by him while performing his duties and who is not published in accordance with this Act.
(2) any person who contravenes 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.
28 laws of Malaysia ACT 110 Civil Proceedings 34. Notwithstanding the provisions of any written law, in any civil proceedings by or against the Board —

(a) any person who holds the position of Federal Counsel and authorized by the Attorney General for that purpose; or (b) any officer of the Board authorized in that behalf by special or general direction of the Board, may, on behalf of the Board, as the case may be, start, present in and conduct such proceedings and may make and do all presence, acts and applications regarding the proceedings.
Error about 35 loans and the burden of proof. (1) any person who — (a) to get a loan from the Board under the provisions of this Act by means of a false statement;
(b) willfully using a loan given to him by the Board under the provisions of this Act for any purpose other than the purpose of the loan was granted for it;
(c) after getting a loan from the Board under the provisions of this Act, willfully destructive of any collateral granted in respect of any such loan, commits an offence and, on conviction, be imprisoned for a term not exceeding two years or to a fine not exceeding five thousand ringgit or both.
(2) any person who contravenes paragraph 6 (1) (b) or 6 (2) Third Schedule commits an offence and, on conviction, be liable to a fine not exceeding one thousand dollars.
The farmers organisation authority 29 (3) in any criminal proceedings concerning an offence under paragraph (1) (b), the burden to prove that the person accused has acted in good faith and without knowledge that she was not entitled to use the loan or any part thereof is on the person accused of that.
The Consent Of The Public Prosecutor 36. No prosecution of offences arising from the provisions of this Act or in connection with a loan granted under this Act shall be instituted except with the consent in writing of the Prosecutor.
The power to make regulations 37. (1) the Board may, with the approval of the Minister, make such 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 to — (a) prescribing the manner in which documents, cheques and instrument of any kind shall be signed or executed on behalf of the Board;
(b) prescribing the responsibilities and control for officers and servants of the Board;
(c) charge in any case as determined by the Board;
(d) provide for any matter as may appear necessary or expedient by the Board in respect of shares, stocks, bonds, debentures or debenture stock issued under this Act, and, in particular, to regulate the methods of production, transfer, redemption or other arrangements in respect of shares, stocks, bonds, debentures or debenture stocks it;
30 laws of Malaysia ACT 110 (e) prescribing the manner in which and the terms and conditions of which loans may be granted by the Board under section 29; and (f) provide in General on the exercise of the powers and obligations under the provisions of this Act.
(3) the regulations — (a) may provide that any act or omission that contravenes the provisions of any regulation to be an offence; and (b) may provide for the imposition of penalties for the offence and the penalty shall not exceed one thousand dollars.
Things done in anticipation of this Act made 38. All things done by any person or authority on behalf of the Board in preparation and towards the implementation of the appropriate provisions of this Act and any expenses incurred in connection therewith, in anticipation of the making of this Act, shall be deemed to have been authorized by this Act; and all rights and obligations acquired or incurred on behalf of the Board of anything done or any such expenses incurred shall be deemed to have rights and obligations of the Board when this Act comes into force.
The FIRST SCHEDULE [Subsection 5 (2)] the terms and conditions of appointment, revocation or resignation 1. (1) a member of the Board shall hold office for such period and subject to such conditions as may be determined by the Minister in his instrument of appointment.
The farmers organisation authority 31 (2) Appointment of a member may be revoked at any time by the Minister without assigning any reason therefor.
(3) a member may resign his Office at any time by letter addressed to the Minister.
(4) a member should devote time to the business of the Board as may be necessary to carry out its duties.
Posts deemed cleared 2. (1) the Office of a member of the Board shall be vacated: (a) if he dies;
(b) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years;
(c) if he becomes bankrupt;
(d) if he is of unsound mind or otherwise unable to perform his duties;
(e) if he fails to attend three consecutive meetings without the permission of the Board;
(f) if his resignation is accepted by the Minister; or (g) if his appointment is cancelled.
(2) If a member cease 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 Member.
Remuneration and allowances 3. Shall be paid to the members of the Board or any other person any salary, remuneration or allowance as may be prescribed by the Board after consultation with the Minister.
Meeting 4. (1) the Board shall meet at least once in every two months.
32 laws of Malaysia ACT 110 (2) a quorum of the Board is four people.
(3) in all meetings of the Board, the Chairman or, in the event of absence of the Chairman, Deputy Chairman or, if the Deputy Chairman is absent, the members as selected by the members present, shall preside at the meeting.
(4) where on any question to be determined by the Board there are the same number of votes, the Chairman, Deputy Chairman or member who chaired the meeting shall have a casting vote in addition to vote normally.
(5) subject to subparagraph (1), (2), (3) and (4), the Board shall establish its own procedure.
The Board may invite others to meetings 5. The Board may ask any person (who is not a member of the Board) attend a meeting or deliberation of the Board for the purpose of advising the Board on any matter under dibincangkannya, but a person so attending shall not have any right to vote at the meeting or deliberation.
Seal 6. (1) the Board shall have a common seal bearing a design approved by the Board and the seal may from time to time be broken, changed, altered or made new as the Board may think fit.
(2) until a seal is provided by the Board, a stamp bearing the words "farmers ' organisation authority" may be used and shall be deemed to be the seal of the Corporation.
(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 either the Chairman or any authorized person or by an officer authorized by one of them with writing; and all deeds, documents or other instruments purporting to be sealed with the seal of the certified as aforesaid shall be deemed to have been validly executed until the contrary is proved: provided that any document or instrument which if executed by a person not being a body corporate shall not be required to be sealed in a manner so executed by the Board and any other document or instrument may be executed on behalf of the Board by any of the officers or servants of the Board authorized generally or specially by the Board for that purpose.
(4) the seal of the Board shall be officially and judicially noticed.
The farmers organisation authority 33 disclosure of interest 7. A member of the Board, directly or indirectly, himself or by his partner, any interest in a company or enterprise which the Board proposes to make a contract or who has any interest in a contract or in any matter under discussion by the Board shall disclose the fact of his interest and the type of its importance to the Board, and the disclosure shall be recorded in the Board minutes , and unless specifically authorized for that purpose by the Chairman, the Member cannot take any part in any deliberation or decision of the Board relating to the contract.
Minute 8. (1) the Board shall cause minutes of all meetings of the Board maintained and stored in a proper form.

(2) any minutes made for 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 has been so made shall be deemed to have been duly convened and held and all of them entitled to act.
Validity of acts and proceedings 9. No act done or proceeding taken under this Act may be questioned on the ground — (a) any vacancy in the membership or any defects in the formation of the Board;
(b) violation by any member of the Board in respect of the disclosure of interest by the Member; or (c) omission, defect, delay, or irregularity which does not affect the merits of the case.
SECOND SCHEDULE [section 18] 1. Regulations made under section 18 may provide for all or any of the following: (a) to institute regulations on the amount of the salaries, fees and allowances payable to officers and servants of the Board;
34 the laws of Malaysia ACT 110 (b) to institute regulations on the granting of leave to officers and servants thereof;
(c) allow the payment of all allowances to officers and servants during the holidays;
(d) determine the remuneration to be paid to those who are appointed to Act officer or the servants while they are on vacation;
(e) to rule on the length of service for all the officers and servants;
(f) provide loans to officers and servants to buy bicycles, motorcycles, motorcars, home or for any other purpose approved by the Minister;
(g) determine the conditions under which the remuneration or allowance may be paid to an officer of benevolence and servants who are injured or to the surviving relatives of officers and servants are killed while performing their duties;
(h) hold, maintain and administer a pension scheme to pay pension, gratuity or other allowance when the Board officers and servants retrenched due to old age, resigns, retires or is released from Office and to establish and maintain a pension fund;
(i) providing and administering a retirement scheme for assigning any remuneration and allowances as may be thought expedient when the officers and servants of the low Board dead, retrenched due to old age, resigns, retires or is released from Office and to give such remuneration and allowances as may be deemed expedient to one or several persons from the surviving dependants of any person who , having worked as servants or officers of the Board, died after low discontinued due to old or discharged from Office or resigns or retires;
(j) regulating the discipline on officers and servants of the Board;
(k) provisions on hold the work with reduction in salary or any other remuneration, or provide for suspension work without salary or other remuneration, an officer or the Board of servants pending disciplinary proceeding completed;
(l) establish any disciplinary offence and provide about any disciplinary punishment as may be thought fit by the Board and such punishment provided may include dismissal or demotion;
The farmers organisation authority 35 (m) prescribing the procedure for the disciplinary proceeding shall give to 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: (i) If an officer or Board servants dismissed or lowered promoted by reason of the conduct in respect of which a criminal charge has been proved against him;
(ii) if the Board, on the recommendation of the Minister charged with the responsibility for internal affairs, is satisfied that in the interest of the security of Malaysia or any part thereof is not expedient to carry out the requirements of this paragraph; or (iii) if has been made against an officer or the Board of servants of any detention order, supervision, residential limited, banishment or deportasi, or if there has been imposed on 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 protection of women and girls; and (n) the procedure for the hearing of the appeal by the Board of Disciplinary Appeals or the Minister.
1a. For the purposes of subparagraph 1 (c), "officer" includes the Director General.
2. the following Provisions shall apply to any regulations made pursuant to subparagraph 1 (g), (h) and (i) — (a) no remuneration, allowances or other payments payable under any such rule and also there are any right or interest acquired by any person against any remuneration, allowances or other payments hereunder may be delivered or dipindahmilikan or detained, separated or levied for or of any debt or claim whatsoever except debt due to the Board;
(b) when a person dies, any money payable under any such regulations shall be deemed to be teramanah to the person entitled thereto in accordance with the will of the deceased or when he die not bequeath, but shall not be deemed to be part of the assets of the pusakanya or as subject to its debts;
(c) any person may, with a will or by a memorandum signed by him, appoint a trustee for money due under any regulations that when he dies, and can provide for appointing a person or persons of a new trustee for the money and for melaburkannya;
36 laws of Malaysia ACT 110 (d) if at the time of death of a person deceased or at any time later no one the Trustees for the money or is expedient person or persons newly appointed trustee, then in the case of such a person or persons the trustees or person or persons new trustee may be appointed by the High Court or a high court judge;
(e) receipt of a person or persons the trustee who was appointed the successful completion or, if no trustee has been appointed, the receipt of personal representatives in law for a person deceased, shall be an explanation for any money payable under any such regulations when that person dies;
(f) an employee of the Board which may otherwise be entitled to any benefits under any regulations that, if he is dismissed from the Board because of fraud or dishonesty or misconduct, involving the loss of money to the Board, or retired or resigned with the intention you want to avoid is released from Office or dismissed as a result of fraud, dishonesty or misconduct it is abandoned his rights and lost all or part of the interest as directed by the Board at its absolute discretion; and (g) with the approval of the Minister, the Board may, in its discretion, in appreciation of the special service long service or any officer or servant of the Board which is the case is not included in the field and effective pension scheme or pension scheme regulations of the Board, pay to the officer or servant of that when he dies a compassionate allowance or remuneration in accordance with such terms and conditions as may be determined by the Board.
THIRD SCHEDULE [section 29] Mortgage assets and loans paid in advance 1. If loans given by the Board upon the security of any property that is mortgaged or digadaikan to it, either together or not together with any other security, starting from or after the date of the mortgage or charge, such property shall be charged to pay the loan and interest as referred to in the mortgage or charge,, except to the extent stated otherwise in charge or the mortgage , from all debts, charges or other mortgage assets it except with respect to any loan payable to any creditors who do not agree with the advance payment and the loan has been granted in good faith prior to the loan given by the Board and who have been granted security by mortgage or mortgage the property to the person entitled as creditors bo a fide got the loan repayment, together with interest and charges or the mortgage has been completed and properly registered.
The farmers organisation authority 37 Interest on loans granted by the Board 2. At give a loan under the provisions of this Act, the Board may impose such rate of interest as he may think fit in any particular case.
Repayment of loans given by the Board 3. Subject to paragraphs 4 and 5, every loan shall be repaid to the Board in accordance with the terms and conditions of the loan was granted and the money repaid shall be included in the accounts of the Board.
Suspend payment of principal and interest and the power to extend the time, compound or releasing 4. The Board may —

(a) suspend, for a period of not more than five years, payment of any sums due in respect of principal and interest or for either principal or interest in respect of loans granted by it upon such terms and conditions as he may deem necessary to carry out the purposes therefore the loan was granted and to repay the money at the end of the tree or any flowers as he may deem necessary;
(b) from time to time extend the period for repayment of a loan, or compound or release a loan or part thereof upon such terms and conditions as it thinks fit.
Repay the loan before the date that should be 5. The Board may at any time receive payment of all or part of the principal sum of the loan and the interest before due payable, upon such terms and conditions as it thinks fit.
Investigation about the use of money borrowed 6. (1) where the Board has given a loan of money under the provisions of this Act, it may — (a) from time to time, carry out or cause to be carried out such investigations as are necessary to ensure that the loan is used for the purposes it has been given;
(b) request a report including financial statements containing such particulars as may be prescribed by him sent by the person, body or authority that received the loan and the person, body or authority shall comply with the request.
38 the laws of Malaysia ACT 110 (2) the Board may authorize in writing to any authorized officer or any other person to carry out the investigation, and the person, body or authority that received the loan shall submit to the officer or person that all books, documents and other things and other things necessary for the purposes of the investigation.
Order of the Board after investigations carried out 7. If after an inquiry carried out under paragraph 6, it appears to the Board that any monies comprising all or part of the loan has not been used for a purpose, which the loan is granted, the Board may order the money will be used in the period referred to in the order for that purpose or that the money, together with interest at the date the order is paid back to the Board within the period referred to in the order , and any money as well as such so meticulously ordered to be refunded to the Board shall thus becomes a debt due to the Board.
Abuse of loans secured through mortgages or otherwise 8. (1) where a loan granted under the provisions of this Act or part of the loan has been misused, the Board may — (a) if the loan has been secured through a mortgage or mortgage, by notice in writing addressed to the mortgagor or chargor, asking for the loan or a portion of it and can require the loan or the partly together with flowers on the loan or on a part thereof at the date of the notice , repayable on a date specified in the notice and if it is not paid on the due date is not specified, any security given for the purpose of the loan may be thus generated;
(b) if the loan was pledged involuntarily charge or mortgage, by notice addressed to the borrower, calling for the loan or a portion thereof, together with any interest at the date of the notice be reimbursed on a date specified in the notice and if not paid on the date stated that any security given for the purpose of the loan may be thus produced.
(2) subparagraph (1) shall be in addition to any other proceeding under any other written law.
Enforcement of collateral 9. If any of the property pledged or mortgaged as security for a loan under the provisions of this Act are sold for the purpose of enforcing the security, the Board can buy such property and can either manage the property and hold or sell or otherwise dispose of it as he may deem fit.
The farmers organisation authority 39 FOURTH SCHEDULE [section 30] the power of the Board to make regulations in respect of the Corporation 1. The Board shall, on or before the date of a corporation established under section 30, make regulations with respect to the Corporation that determine-(a) the purpose and objectives of the Corporation is established;
(b) the rights, powers, duties and functions of the Corporation;
(c) its management system; and (d) the relationship between the Board and the Corporation's rights controls over such Corporation.
Saving 2. There is nothing in paragraph 1 shall be deemed to authorize the Board to make regulations to establish a corporation for any purpose or purposes of the wider space lingkupnya of the purpose or purposes for which the Board has established or give a Corporation any rights, duties, powers or functions not included in the rights, duties, powers or functions of the Board under this Act.
Regulations subject to this Act 3. Subject to the provisions of this Act and any regulations made under section 37, a corporation shall be bound by any regulations made in respect of the regulations and 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 they were law.
Express Corporation 5. The Board shall keep a register in the prescribed form of all Corporation established by him under section 30 and sign it along with a copy of all regulations made under paragraph 1 shall be open for inspection by the public in any one or a few places and at any time as may be determined by him.
40 laws of Malaysia ACT 110 Winding 6. (1) the Board may by order published in the W rta direct that any corporation established by him wound up and dissolved.
(2) when a corporation dissolved under this paragraph, the assets of the Corporation shall be transferred to and vested in the Board once all liabilities are settled.
(3) the winding up of a corporation under this paragraph shall be conducted in such manner as may be prescribed by the Board.
The Corporation shall be a body corporate 7. Every corporation established under section 30 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 prosecuted in the name of, and for the purpose of implementing development projects registered, therefore it was established it can enter into contracts and can hold, do business or make any arrangement in respect of movable or immovable property and may do all things and other things that are incidental or in relation to a body corporate, which is not inconsistent with the provisions of this Act and subject to such restrictions or limitations as may be prescribed by the Board in each case.
Seal of the Corporation 8. (1) every corporation shall have a common seal bearing a design approved by the Corporation with the approval of the Board, and such seal may from time to time be broken, changed, altered and made new 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 "LPP" 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 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 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 servant of the corporation authorized generally or specially by the Corporation for that purpose.
(4) the seals of every corporation shall be officially and judicially noticed.
The farmers organisation authority 41 laws of MALAYSIA Act 110 FARMERS ' ORGANISATION AUTHORITY ACT 1973 LIST AMENDMENT law short title force amend from Act 160 Currency Act 29-08-1975 (dollars) 1975 (Act 160) A760 Act Act the farmers organisation Authority 01-08-1990 (Amendment) order 1990 Act 478 Act revocation of Exemption 21-02-1992 from payment of stamp duty-Duty Act 1992 Act A1050 back farmers ' 01-09-1999 (Amendment) 1999 42 laws of Malaysia ACT 110 laws of MALAYSIA Act 110

FARMERS ' ORGANISATION ACT 1973 LIST of SECTION AMENDED Section Power amend with effect from 17 A760 Act 01-08-1990 Act A1050 back 01-09-1999 17A A1050 back Act 01-09-1999 17B A1050 back Act 01-09-1999 24A A760 Act 01-08-1990 32 Act A478 21-02-1992 33 Act 160 29-08-1975 35 Act 160 29-08-1975 37 Act 160 29-08-1975 the second Table Act A760 01-08-1990 Act A1050 back 01-09-1999

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