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Lembaga Padi dan Beras Negara Act 1971 Part V — Offences, penalties and proceedings

s 23–s 26 · 4 sections

s 23

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.

s 24

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.

s 25

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.

s 26

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

Back to Lembaga Padi dan Beras Negara Act 1971 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

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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).

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