Tajok ringkas, had, mula berkuatkuasa dan pemakaian.
Part I — Preliminary
In this Act, unless the context otherwise requires- Interpretation. "authorised officer" means an officer authorised under section 18 "Chairman" means the Chairman of the Lembaga; "Deputy Chairman" means the Deputy Chairman of the Lembaga; "Director General"' means the Director General of the Sub. AA647 tembagaj
[Pt. I-I, S. 2-4] Sarb-by. A221 - Ser ohfp. Lembaga. Functions of the Lembaga. Act A348 "Fund" means the fund established under section 12; "Lembaga" means the Lembaga Padi dan Beras Negara established under section 3; "marketing" means sale, purchase, storage, transport, processing, milling, polishing,_grading, packaging, advertising and promotion; . "Minister" means the Minister charged with the responsibility for the Lembaga Padi dan Beras Negara; "padi" or "rice" includes the by-products thereof.
Part II — The lembaga
((aThe functions of the Lembaga shall be-
(au) lat to ensure a fair and stable price of padi for tarmers;
(b) to ensure a fair and stable price of rice for consumers;
(c) to ensure sufficient supply of rice to meet all emer-. gencies;
(d) to make recommendations to the Government on policies designed to promote the development of the padi and rice industry, and where approved by Government to coordinate and assist in the implementtio oroe samail of the Miniater, the Lenbaga 25TeLembaga shall have power to do all things expedient or reasonably necessary or incidental to the dis- À.
(ba) _ ot rice tor consumers;
(c) to maintain or to require any person to maintain a stockpile in padi or rice for strategic and price stabilisation purposes; after section 18 1 . "Powerto 18A. (1 obtain information. under requirt person
(a) t LEMI
L tand Dewan Rakyat : authority of the san embaga Padi dan Bei Jegara Act, 1971 (here al Act") is amended of the following: embaga Padi dan Be ns for conserving a d for purposes conneo s amended by substitut "rice", annearino thei [Pt. II, S. 45]
(a) to regulate the marketing of padi and rice particularly through licencing of wholesalers, retailers, Te to condect lurveys and investigterss napspect of padi and rice industry;
(f) to require persons engaged in the production or marketing of padi and rice to register and to give in such manner as the Lembaga may specify such information as the Lembaga may deem necessary;
(g) to regulate the production of padi;
(h) Lo probibit, regulate or control the movement of or rice;
(i) to require departments and government and nongovernmental agencies dealing in padi and rice industry to submit reports regarding their activities;
(j) with the approval of the Minister, to enter into equity partícipation in any padi and rice industry;
(k) to acquure, purchase, take on lease, hire, hold anc immovable property of evers description and to convey, assign, surrender, anc yield up, charge, mortgage, demise, reassign, transter or otherwise dispose of, or deal with or to develop any movable or immovable property belonging to the Lembaga;
(l) to enter into any contract;
(m) to appoint agents or establish such other bodies as it may deem fit for the purpose of carrying out its (n to impose fees or any other charges it deems fit for giving effect to any of its powers or functions:
(0) to receive in consideration of the services rendered by it such commission or payment as may be agreed upon; and
(p) to exercise all functions and powers and perform all duties which under or by virtue of any other written law may be vested or delegated to it.
(1) The Lembaga shall consist of a Chairman and a Member- Deputy Chairman appointed by the Yang di-Pertuan Agong ship. and the following members appointed by the Minister- ActA348
(a) a representative of the Prime Minister's Department;
(b) a representative of the Treasury;
[Pt. II, S. 5-7] .::
(c) a representative of the Ministry of Commerce and Industry;
(d) a representative of the Ministry of Agriculture and Lands;
(e) a representative of the Federal Agricultural
(f) not less than two and not more than four other persons who have had experience of and have shown capacity in matters relating to production or
(2) The Minister shall, when appointing persons in paragraph (f) of subsection (1) give due consideration to the need Act A348 for the various sectors of the padi and rice industry to be AAGHF→ regresented.
(3) The provisions of the Schedule to this Act shall apply to the Lembaga. 0. (1) The Minister may give to the Lembaga such direc- Directions by the Act A3Agnister. under this Áct, and the Lembaga shall give effect to all such directions.
(2) The Lembaga shall furnish the Minister with such intormation with respect to its property and activities as he may from time to time require. Seal of the Lembaga. Sub-AAEH7
Arahan oleh Menteri.
Part II — The lembaga
(1) The Lembaga shall have a common seal and such seal may from time to time be broken, changed, altered or made anew as it deems fit: Provided that until a seal is provided under this section, a stamp bearing the inscription "Lembaga Padi dan Beras Negara" may be used as a common seal.
(2) LAH deads, documents and other instruments-requiring the seal of the Lembaga shall be sealed accordingly in the presence of two members of the Lembaga who shall sign every such deed, document or instrument to which such seal is affixed; and such signing shall without further attestation be sufficient evidence that such seal was duly and properly affixed and that the seal is the lawful seal of the Lembaga.
[Pt. II-III, S. 8-11] such of its duties as may be necessary to be performed : Provided that any such person or body shall have no control over the Fund and shall act in all respects in accordance with the direction of the Lembaga.
Perwakilan oleh Lembaga.
Part III — Administration, and finance
(1) The incpit yeat man hall e ersnad ly tal Mberte Depury Ac02Sh Director-General-who shall be responsible for the day to day tobe Lembaga and foexercise suchl duties and powers as may be exereise sagenduties and po aers as may tbe Bereal nct A343 entrusted or delegated by the Lembaga or the Chairman of the Lembaga acting on behalf of the Lembaga.
(2) The Director General shall have all the powers of an authorised officer under this Act.
(2) The officers and servants of the Lembaga shall be responsible to the Director General.
(3) The officers and servants of the Lembaga shall hold office for such period or periods, receive such salaries anc allowances and 'be subject to such conditions of service as may be determined by the Lembaga with the approval of the Minister.
Perlantekan pegawai- dan penjawat' Lembaga. I1. Tidak layak di-ambil bekerja sa-bagai pegawai Majlis.
Part III — Administration, and finance
(1) No person shall be eligible for employment as an Ineligibility officer or servant of the Lembaga who has, directly indirectly, by himself or his partner, any share or interest in any contract with, for or on behalf of the Lembaga.
(2) Any officer or servant appointed by the Lembaga who has or acquires any such share or interest shall be liable in the discretion of the Lembaga to summary dismissal without notice.
Amatter (AA647) [Pt. III, S. 12-15] ACI 47
For the purpose of this Act, there is hereby established a fund (hereinafter referred to as the "Fund") to be administered and controlled by the Lembaga-
(a) into which shall be paid : i) such sums as may be provided trom time to time by Parliament
(ii) such sums as may from time to time be porrowed by the Lembaga for the purpose of meeting any of its obligations or dischargin any of its duties;
(iil) all monies earned by the operation of any project, scheme or enterprisé financed from the Fund;
(iv) all monies earned or arising from any property, investment, mortgage, charges or debentures , acquired by or vested in the Lembaga; and
(v) fees, charges or other sums or property which may in any manner become payable to, or ¿incidental to its powers and duties;
(b) out of which shall be defrayed—
(i) all expenditure (including capital expenditure) incurred by the Lembaga in carrying out its functions; and
(ii) monies for the repayment of any loan made to the Lembaga pursuant to its power to borrow. A1E47 →IDA.--- Borrowing
The Lembaga may, upon terms and conditions approved powers. by the Minister of Finance, borrow such sums as it may require for carrying out any of its functions under this Act. Investment.
The assets of the Lembaga shall, insofar as they are not required to be expended by the Lembaga under this Act, be invested in such manner as the Minister of Finance may approve. Finance.
(1) The expense of the Lembaga up to such amount as may be authorised by the Minister for any one year shall be defrayed out of the Fund.
(2) Before the beginning of September of each year, the Sub.AAGH7 Lembaga shall submit to the Minister an estimate of the expenses (including those for development projects) for the
IPt. III-IV, S. 15-18] following year in such form and with such particulars as the Minister may require; and the Minister shall before the eginning of November of that year notity the Lembag I the amount authorised for each description of expenditure
(3) The Lembaga 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 therein.
(1) The Lembaga shall keep proper accounts and other Accounts records in respect of its operation and shall prepare and audit. statements of accounts in respect of each financial year.
(2) The accounts of the Lembaga shall be audited annually by the Auditor General or other auditors appointed by the Lembaga with the approval of the Minister.
(3) After the end of each financial year, and as soon as the accounts of the Lembaga have been audited, the Lembaga shall cause a copy of the statement of accounts in such manner as the Minister may require to be transmitted to the Minister, together with a copy of any observations made by the Auditor General or other auditors appointed under subsection (2) on any statement or on the accounts of the Lembaga.
(4) The Minister shall cause a copy of every such statement and observations to be laid on the table of each House of Parliament. 17 0The Lembaga shall not later than the 30th day of June Aeport. Act A 348 of each year, cause to be made and transmitted to the Minister, a report dealing with the activities of the Lembaga during the preceding year and containing information relating to the proceedings and policy of the Lembaga. Act A3H8 FA7763
Laporan Tahunan.
[Susunan Sekshen]
Part IV — Powers relating to enforcement
(1) The Minister may authorise in writing any public Anhorisaofficer or officer of the Lembaga to exercise the powers under this Part. to exercise powers
(2) In exercising any of the powers under this Part the underthis officer shall on demand produce to the person against part. whom he is acting under this Act or any regulation made thereunder the authority issued to him by the Minister.
- see slip'
Power to enter premises. Power of arrest, seizure, investigation and prosecution. [Pt. IV, S. 19-21) 12Sus.bey A.221/24
Where any authorised offider or police officer has reasonable grounds for believing that an ofience under this Act or under any regulation made thereunder has been committed, such officer may enter any premises belonging to or in the occupation of, any person and may carry out such inspection and examination (including the inspection and examination of books) as/he may consider necessary and may seize and detain any/books, documents or other things found in such premises which may furnish evidence of an offence under this Act| or under regulations made thereunder.
(1) Any authorised officer or police officer may—
(a) arrest without warrant any person whom he has reason to believe to have committed an offence under this Act or under any regulation made thereunder, if such person refuses to furnish his name address or furnishes an address outside Malaysia or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond: Provided that any person has been arrested as aforesaid he shall be thereafter dealt with as provided by the law relating to criminal procedure for the time being in force; and
(b) seize anything which he considers it necessary to relation to the evidence necessary establish the commission of any such offence. any regulation made thereunder without order of the Public Prosecutor exercise the special powers in relation to oolice investigations given by the law relating to crimina procedure in any seizable offence.
(3) Any prosecution in respect of an offence under this Act or under any regulation made thereunder may be conducted by an authorised officer. Power to stop and
(1) Where an authorised officer or police officer has search con- •reasonable suspicion that any conveyance is carrying any veyance. adı or rice in contravention of any provision of this Ac r any regulation made thereunder it shall be lawful fo: such officer to stop and examine such conveyance for the
(b)
(c)
(d)
(2) has be theret the ie comp. shall
(3): furnis autho questi any 1 whict necesi matio
[Pt. IV, S. 21-22] officer, stop such conveyance and allow such officer to examine the same.
(2) The person in control or in charge of any conveyance examined under the provision of this section shall on request by the authorised officer or police officer open all parts of the conveyance for examination by such officer and take all measures necessary to enable such examination as such officer considers necessary to be made. 2. (1) If any authorised oflicer or police officer has reason Powert o belleve that any person is committing an offence unde this Act he may take possession in such manner as he shall deem fit of any padi or rice in respect of which he has reason to believe such an offence has been committed or ot any vehicle, vessel or other article by means of which any sucł has been committed or which he has reason to believe is intended to be used for the commission of such offence.
(2) Where, under the provision of this section, possession has been taken of any padi, rice, vehicle, vessel or other article, then the Director General—
(a) if he has reason to believe that an offence under this Act or under any regulation made thereunder has been committed and criminal proceedings have been instituted against any person in respect of such oflence, he may retain such padi or rice until conclusion of such criminal proceedings; and if he is Sello, An E47 shall be kept until the conclusion of such criminal proceedings and except where the Court orders contiscation of such proceeds under section 29, shall be disposed of in such manner as the Court may order;
(b) in any other case, may restore possession to the owner, or where a maximum price has been fixed by written law in respect of such padi or rice, may pay to the owner of such padi or rice the price so
[Pt. IY-V, S. 22-26] Bieter ene eg ng te e en geured by ee Director General in taking possession, storing anc restoring possession of such padi or rice. delegation.
(b) Notwithstanding any such delegation, the Director General may, if he thinks fit, exercise the powers so delegated AAGHT→22A and 22B..-. Prohibition of concealmentor destruction of padi or rice. Illegal condition. Unlawful possession of padi or rice. Offence of obstruction.
Kuasa mengambil milek.
Part V — Offences, penalties and proceedings
Any person who conceals or destroys any padi or rice in order to withhold such padi or rice from the market shall be guilty of an offence under this Act. 23A- sлe Php.
Any person who, in selling padi or rice, imposes except with the permission of the Director General, any condition of sale other than a condition of sale
(a) requiring immediate payment therefore; or
(b) prescribing the time within which payment must be made or delivery taken; or
(c) requiring a deposit in respect of sale of such padi or rice; shall be guilty of an offence under this Act.
Any person in possession or control of any padi or rice in such circumstances as to raise a reasonable suspicion that an offence under this Act or under any regulation made thereunder has been or is intended to be committed by him in relation to such padi or rice, shall be guilty of an offence under this Act unless he satisfies the Court that such offence has not been and was not intended to be committed by him.
Any person who obstructs or impedes the Director General, any authorised officer or police officer in the lawtul exercise ot any of his powers under this Act or under any regulation made thereunder shall be guilty of an offence under this Act.
• F [Pt. V, S. 27-28] 21. (1) Any person, other than a body corporate, but General including a director or officer of a body corporate, who penaity. exceeding twenty five thousand dollars or to both such imprisonment and fine.
(2) Any body corporate which commits an offence under, or fails to comply with, any of the provisions of this Act or of any regulation made thereunder shall be liable to a fine not exceeding twenty-five thousand dollars and, for a second or subsequent offence, to a fine not exceeding fifty thousand dollars.
(3) Where a person charged with an offence under any of the provisions of this Act or of any regulation made time of the commission of such offence is a director or officer of such body corporate may be charged jointly in the same proceedings with such body corporate, and where the body corporate is convicted of the oflence charged, every such director or officer shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission.
(4) Any person who would have been liable under any of the provisions of this Act or of any regulation made thereunder to any penalty for anything done or omitted if such thing had been done or omitted by him personally, shall omitted by his partner, agent or servant, unless he proves khilg sie to e sane pen lty f suse ran, bans be liable to the same penalty if such thing has been done or that he took reasonable precautions to prevent the doing or omission of such thing. 20. (1) In any prosecution in respect of an offence under Burden of this Act or under any regulation made thereunder upon a proof. charge of doing any act which is unlawful unless the person doing such act is entitled to do so by reason of his being the holder of a licence, permit or written permission, consent, authorisation or exemption entitling him to do such act, it ruiggit Acf. 160 suiggit Acf 160
[Pt. V, S. 28-301 shall be sufficient for the prosecution to allege and prove his doing such act and the onus shall then be upon the accused to show that he was entitled to do such act.
(2) In any prosecution in respect of an offence under this Act or under any regulation made thereunder, the production by the person conducting the prosecution of an original invoice or a duplicate invoice proved to have been found in the possession of the seller, shall, where the person conducting the prosecution so requests, be admitted as prima facie evidence of a sale by the seller and of all the facts stated in such invoice or duplicate inyoice and notwithstanding the provisions of any law to the contrary for the time being in force, the burden of proving that such sale did not take place or that any fact stated in the original invoice or duplicate invoice is not what it is stated to be, shall lie upon the accused. A1647→28A.... Power of Court to
Penalti am.
Beban membuktikan.
Part V — Offences, penalties and proceedings
(1) Where any person is cohvicted of an offence under confiscate. this Act or under any regulation made thereunder the Court may order the confiscation in whole or in part of: Eub, AA647
(a) any padi or rice in respect of which the offence has been committed which has been seized by, or has otherwise come into the possession of the Directoi General or any authorised officer or police officer or any vehicle, vessel or other article, the property of the accused, by means of which such offence has been committed or which is intended to be used iot the commission of an offence under this Act or under any regulation made thereunder; or
(b) the proceeds of sale of ahy such padi or rice if it has been sold under section 22.
(2) Where confiscation is ordeted under subsection (1), the Court shall deliver such padi or rice or the proceeds of the sale thereof (if not already in possession of the Director General) to the Director General or to any person designated 14647 →24h.im, and shall give directions as to its disposa. Jubordwiate lelut.
Notwithstanding anything in the-Eourts, Ordinanee, 1948, the Subordinate Courts Ordinance of the State of Sabah-or-the Subordinate Courts Ordinance of the State of 1.: Saramak, a Sessions Court in the States of Malaya and a Court of a Magistrate of the First Class in the State_of.Sabah or Sarawak, shall have jurisdiction to try any offence under this Act or under any regulation made thereunder, and to award full punishment for any such offence.
Perkechualian.
Part VI — General
The Lembaga may, with the approval of the Minister, Regulations. make regulations-generally for the carrying out of the-proviafi. A221/74 Stons-ot this-Act, and such regulations may-.
(4) prescribe marks or labels to be affixed by retailers to the containers of padi or rice indicating the quality, grade or price of such padi or rice;
(b) prescribe such fees or charges as may be necessary for the purposes of this Act; and NAAGHT
(c) prescribe any act or omission in contravention of the provision of any such regulation shall be an oftence- 324.(51)---(0(73
(I) Except for the purposes of this Act or of any erimina addtnd proceedings under this Act, no member, officer or servant penalty. of the Lembaga shall disclose any information with respect to any individual business, which has been obtained by him in the course of his duties and which is not published in pursuance of this Act.
(2) Any person knowingly contravening the provisions of subsection "(1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year. io 34. The Director General and any officer or servant of the Penal Codc. Lembaga appointed under section 10 and any authorised oflicer shall be deemed to be a public servant within the meaning of the Penal Code in force in the States of Malaya or-of any written law corresponding thereto in force in the Gep-5k States of Sabah and Sarawak.
Kanun Keseksaan.
Part VI — General
(1) No action, suit, prosecution or other proceedings Protection shall be brought or instituted personally against any mem- agal ber of the Lembaga or against the Director General, officer proceedings
[Pt. VI, S. 35-37] or servant appointed by the Lembaga in respect of any act done or statement made bona fide in pursuance or execution or intended execution of this Act. Nonapplication ot certain laws to padi and rice.
(1) On the coming into force of this Act-
(a) the Control of Supplies Act, 1961 shall not apply to padi and rice, and that Act shall have effect as if the words "controlled article" as defined in that Act exclude padi and rice; and
(b) the Price Control Ordinance, 1946 shall not apply to padi and rice, and that Ordinance shall have effect as if the word "goods" as defined in that Ordinance excludes padi and rice.
(2) Nothing in subsection (1) shall affect the validity of any licence, permit or authority granted or issued under the Act or Ordinance mentioned in that subsection and such licence permit or authority shall continue in force until superseded, revoked or otherwise terminated under this Act. Amendment of Act 49/65
(1) Subsection (1) of section 24 of the Federal Agriculand transitional provisions. ie wored g ane epite amdrd bare gpertingein bre deintion of "agriculfural produce"
(2) Notwithstanding the provisions of subsection (1), the marketing schemes prescribed under section 5 of the Federal 49/65. Agricultural Marketing Authority Act, 1965 shall continue to have force and effect until superseded, revoked or otherwise terminated under this Act; and during the continuance of such marketing schemes, the Federal Agricultural Marketing Authority established under that Act shall notwithstanding anything in that Act and in such marketing schemes exercise on behalf of the Lembaga all the powers of the marketing board established under that Act for the purpose of such marketing schemes (hereafter in this section referred to as "the board").
(3) Subject to the provisions of this Act, all movable and immovable property and assets which immediately before the coming into force of this Act were vested in the board or in any person on behalf of the board shall on that day vest in the Lembaga.
[Pt. VI, S. 37-38, Schedule]
(4) Subject to the provisions of this Act, all deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the coming into force of this Act and affecting any of the property transferred under subsection (3) shall be of full force and effect against or in favour +AA€47
All things done by any person or authority on behalf of Thangs done the Lembaga in the preparation of and towards the proper cipation of implementation of any of the provisions of this Act and any this Act. expenditure incurred in relation thereto, in anticipation of the promulgation of this Act, shall be deemed to have been authorised by this Act; and all rights and obligations acquired or imposed on behalf of the Lembaga from anything so done or any expenditure so incurred shall upon the coming into force of this Act be deemed to be the rights and obligations of the Lembaga.
(SEciOR5) !. A member of the Lembaga shall hold office for such time as mà! -AAUSul. 1u fu e specified in the instrument/appointing him and shall be eligible fo A3H2 re-appointment. 2. The office of a member of the Lembaga shall belacad dohave been AA763
(a) if he dies;
(b) if he becomes bankrupt, lunatic or of unsound mind;
(c) if he absents himself from three consecutive meetings without leave of the Lembaga;
(d) in the event of his resignation being accepted by the Minister; or
(e) his appointment is revoked. 3. There shall be paid to members of the Lembaga or to such of those members as the Minister may determine after consultation with the sub. by Ait19342 Minister of Finance, such salaries, remuneration or allowances as the 4. The Lembaga shall meet at least once in three months and may meet at any time when called by the Chairman 5. (1) The quorum of the Lembaga shall be five.
(2) At all meetings of the Lembaga the Chairman, or in his absence, the Deputy Chairman or in the absence of both the Chairman and the Deputy Chairman, such member as the members present may elect, shall preside. 11/74
AA647 AALH7 [Schedule]
3) If on any question to be determined by the Lembaga qualiy of val ena ve a Casimg oor the Deputy Chairman or t decar suo ils ov s urpargriphs (1, (2) and (3), the Lor . The Lembaga may request any person (not being a i embaga) to attend any meeting or deliberation of the the purpose of advising it on any matter under discuss person so attending shall have no right to vote at the sa deliberation. 7. The Lembaga may with the approval of the Minis make rules for the establishment and management of provident fund for the officers and servants appointed b or for the payment of pensions, allowances or gratuit officers and servants on retirement or otherwise officers and servants. PART "I •stlv. KUALA LUMPUR DI-CHETAK OLEH PENCHETAK KEKAJAAN DAN DI-TERBITKAN DENGAN PERENTAH PADA 2HB SEPTEMBER, 1971 Harga: 50 sen /
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).