Appeal from the decision of the Lembaga
Where pursuant to the provisions of this Act or of any rule made thereunder a licence is required for processing or marketing of any fish, any person aggrieved by the refusal of the Lembaga to issue or renew, or by revocation by the Lembaga of, such licence, or by imposition of conditions on such licence, may within thirty days of the decision being made known to him in writing appeal to the Minister, whose decision shall be final.
Rules
The Lembaga may with the approval of the Minister make rules generally for the carrying out of the provisions of this Act, and in particular but without prejudice to the generality of the foregoing, such rules may— (a) regulate the control and management of any assistance (whether financial or otherwise) which may be afforded to fishing enterprises; (b) prescribe such fees or charges as may be necessary for the purposes of this Act; (c) with the approval of the Minister of Finance provide for the establishment and management of a contributory provident fund for officers and servants of the Lembaga, or for the payment of pensions, allowances or gratuities to the said officers and servants on retirement or otherwise ceasing to hold office as such officers and servants; (d) prescribe anything required by this Act to be prescribed; and (e) prescribe that any act or omission in contravention of the provisions of any such rules shall be an offence.
Power to make disciplinary regulations
(1) The Lembaga may, with the approval of the Minister, make such disciplinary regulations as it deems necessary or expedient to provide for the discipline of the officers and servants of the Lembaga. (2) The disciplinary regulations made by the Lembaga under this section may include provisions for the interdiction with reduction in salary or in other remuneration, or provisions for the suspension without salary or other remuneration, of an officer or servant of the Lembaga during the pendency of disciplinary proceedings. (3) The disciplinary regulations made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Lembaga may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank. (4) The disciplinary regulations made under this section shall, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for the person against whom disciplinary proceedings are taken to make representations against the disciplinary charge laid against him before a decision is arrived at by the Disciplinary Committee except in the following cases: (a) where an officer or servant of the Lembaga is dismissed or reduced in rank on the ground of conduct in respect of which a criminal charge has been proved against him; (b) where the Lembaga, on the recommendations of the Minister charged with the responsibility for home affairs, is satisfied that in the interest of the security of Malaysia or any part thereof it is not expedient to carry out the requirements of this subsection; or (c) where there has been made against an officer or a servant of the Lembaga any order of detention, supervision, restricted residence, banishment or deportation, or where there has been imposed on an officer or a servant of the Lembaga any form of restriction or supervision by bond or otherwise, under any law relating to the security of Malaysia or any part thereof, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls. (5) The disciplinary regulations made under this section shall provide for procedure for the hearing of an appeal against the decision of the Disciplinary Committee. (6) For the purpose of this section, “officer” includes the Director General.
Termination in the public interest
(1) Where the Lembaga finds or where representations are made to the Lembaga that it is desirable that the service of an officer or a servant be terminated in the public interest, the Lembaga may call for a full report from the superior officer of the officer or servant against whom the representations are made which shall contain particulars relating to the work and conduct of the officer or servant. (2) If, after considering the report received under subsection (1), the Lembaga is satisfied that having regard to the conditions of service, the usefulness of the officer or servant, the work and conduct of the officer or servant and all other circumstances of the case, it is desirable in the public interest so to do, the Lembaga may terminate the service of the officer or servant with effect from such date as the Lembaga shall specify. (3) It shall be lawful for the appropriate Disciplinary Committee to recommend to the Lembaga that the service of an officer or a servant be terminated in the public interest notwithstanding that disciplinary proceedings have not been carried out under this Act and the Lembaga may so terminate the service of the officer or servant. (4) Notwithstanding anything in this Act and any other law to the contrary, in terminating the service of an officer or servant in the public interest under this section, the officer or a servant may not be given any opportunity of being heard and an officer or a servant whose service has been terminated in the public interest under this section shall not be regarded as having been dismissed, regardless of whether the termination of service of the officer or servant involved an element of punishment or was connected with conduct in relation to his office which the Lembaga regards as unsatisfactory or blameworthy.
Secrecy and penalty
(1) Except for the purposes of this Act or of any criminal proceedings under this Act, no member, officer or servant 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 ringgit or to imprisonment for a term not exceeding one year.
Public servants
All members, officers and servants of the Lembaga and any authorized officer shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Protection against legal proceedings
(1) No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the Lembaga or against the officer 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. (2) Where any person is exempted from liability by reason only of the provisions of this section, the Lembaga is liable to the extent that it would be if such person were a servant or agent of the Lembaga. First Schedule [Section 3] 1. (1) A member of the Lembaga (other than the Chairman) shall be deemed to have vacated his office if he fails to attend three consecutive meetings of the Lembaga without the permission in writing of the Chairman. (2) There shall be paid to members of the Lembaga or to such of those members as the Minister may determine, after consultation with the Minister of Finance, such salaries, remuneration or allowances as the Lembaga may determine. 2. (1) The Lembaga may appoint committees for any purpose arising out of or connected with any of its powers, duties and functions under this Act; any committee so appointed shall include not less than one member of the Lembaga, and there may be appointed to such committee such other persons as the Lembaga may think fit. (2) Any committee appointed under subparagraph (1) may appoint one or more subcommittees; any subcommittee so appointed shall include not less than one member of the committee appointing it, and there may be appointed to such subcommittee such other persons as the committee appointing it may think fit. (3) Any committee or subcommittee so appointed shall conform to any instructions from time to time given to it by the Lembaga, and the Lembaga may at any time discontinue or alter the constitution of any committee or subcommittee so appointed. (4) There may be paid to members of any committee or subcommittee such remuneration or allowances as the Lembaga may from time to time determine with the approval of the Minister. (5) The Lembaga, a committee or a subcommittee may, respectively, invite any person who, in its opinion, is possessed of special knowledge of advantage to it, to attend any meeting of the Lembaga, committee or subcommittee and the person so invited shall not be entitled to vote at any such meeting. (6) Any minutes of any meeting of any committee or subcommittee shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every such meeting shall be deemed to have been duly convened and held and all members of the committee or subcommittee present at such meeting shall be deemed to have been duly qualified to act. 3. (1) There shall be a Disciplinary Committee of the Lembaga which shall consist of two members to be elected by and from the members of the Lembaga, one of whom shall be elected chairman, and the Director General appointed under subsection 3(3). (2) The disciplinary authority in respect of every officer and servant of the Lembaga other than the Director General shall be the Disciplinary Committee of the Lembaga established under subparagraph (1). (3) The disciplinary authority in respect of the Director General shall be the Disciplinary Committee which shall consist of the Secretary General of the Ministry of Agriculture and Agro-Based Industry as chairman and two members to be elected by and from the members of the Lembaga. (4) The Director General shall not be a member of the Disciplinary Committee in any proceedings before it in which he is the complainant; his place shall be taken by a member to be elected by and from the members of the Lembaga. (5) In the exercise of its disciplinary functions, the Disciplinary Committee shall have the power to impose such disciplinary punishment as may be provided for under any regulations that may be made under section 23a. (6) The Disciplinary Committee may, subject to subparagraph (7), delegate any of its disciplinary functions, powers or duties to any committee of officers or servants of the Lembaga, in respect of any particular officer or servant of the Lembaga or in respect of any class or category of officers or servants of the Lembaga, and the committee delegated with such functions, powers or duties shall carry out, exercise or discharge them under the direction and control of the Disciplinary Committee which shall have the power to review, rescind or vary any decision or finding of such committee. (7) No delegation shall be made under subparagraph (6) so as to enable an officer or servant of the Lembaga to be a member of a committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank. (8) A decision of the Disciplinary Committee established under subparagraph (1) shall be appealable to the Disciplinary Appeal Board established under paragraph 3a. (9) A decision of the Disciplinary Committee established under subparagraph (3) shall be appealable to the Minister. (10) The Disciplinary Appeal Board or the Minister, as the case may be, may confirm, reverse or vary the decision of the Disciplinary Committee. (11) A decision of the Disciplinary Appeal Board or the Minister under subparagraph (10) shall be final and conclusive. 3a. (1) There shall be a Disciplinary Appeal Board of the Lembaga which shall consist of the following members: (a) the Chairman, who shall be the chairman of the Disciplinary Appeal Board and shall have a casting vote; and (b) three members of the Lembaga, not being members of the Disciplinary Committee whose decision is the subject matter of the appeal, to be appointed by the chairman of the Disciplinary Appeal Board with the approval of the Lembaga for the purpose of the appeal. (2) When the Disciplinary Appeal Board considers an appeal made under paragraph 3, a member of the Disciplinary Committee against whose decision the appeal is made who is also a member of the Lembaga shall not present or in any way participate in any proceedings relating to the appeal. 4. (1) The quorum for meetings of the Lembaga shall be four. (2) At all meetings of the Lembaga the Chairman, or in his absence, the temporary Chairman, or in the absence of both the Chairman and the temporary Chairman, such member as the members present may elect, shall preside. (3) If on any question to be determined by the Lembaga there is an equality of votes, the Chairman or the temporary Chairman shall have a casting vote. (4) Subject to subparagraphs (1), (2) and (3), the Lembaga shall determine its own procedure. 5. (1) The Lembaga shall have a common seal and such seal may from time to time be broken, changed, altered or made anew as the Lembaga deems fit: Provided that until a seal is provided under this paragraph, a stamp bearing the inscription “LEMBAGA KEMAJUAN IKAN MALAYSIA” may be used as a common seal. (2) The common seal of the Lembaga shall be authenticated by either the Chairman or such other person as may be authorized by the Lembaga or by any officer authorized by either of them in writing; and all deeds, documents and other instruments purporting to be sealed with the said seal, authenticated as aforesaid shall, until the contrary is proved, be deemed to have been validly executed: Provided that any document or instrument which if executed by a person not being a body corporate would not be required under seal may, in like manner, be executed on behalf of the Lembaga by any officer or servant of the Lembaga generally or specially authorized by the Lembaga in that behalf. Second Schedule [Section 4] 1. The Lembaga shall, on or before the date on which any corporation is established under section 4, make regulations in respect of such corporation defining— (a) the purposes and objects for which such corporation is established; (b) the rights, powers, duties and functions of such corporation; (c) the system of management thereof; and (d) the relations between such corporation and the Lembaga and its rights of control over such corporation. 2. Subject to the provisions of this Act, any regulations made under paragraph 1 shall be binding on the corporation in respect of which they were made and shall have effect for all purposes as if they had been enacted in this Act. 3. The Lembaga may at any time amend, revoke, or add to, any regulations made under paragraph 1 in respect of any corporation. 4. (1) The Lembaga may direct that any corporation established by it shall be wound up and dissolved. (2) Upon the dissolution of any corporation under this paragraph assets of the corporation after payment of all liabilities shall be transferred to and vested in the Lembaga. (3) The winding-up of a corporation under this paragraph shall be conducted in such manner as the Lembaga may prescribe. 4a. (1) Notwithstanding the provisions of paragraph 4, the Lembaga pursuant to subsection 4(4) may apply to register as a company under the Companies Act 1965 a corporation which has been established under paragraph 4(3)(a) without first winding-up and dissolving such corporation. (2) In so applying to register a corporation as a company, the Lembaga shall comply with the Companies Act 1965, and the provisions of this Act shall not be construed to derogate from the powers of the Registrar of Companies under that Act. (3) Upon its registration as a company under the Companies Act 1965, the corporation shall be deemed to be dissolved, and— (a) all powers, rights, privileges, duties, liabilities or obligations that immediately before registration were those of the corporation shall devolve on the company; (b) all assets and movable and immovable property that immediately before registration were vested in the corporation or any person acting on behalf of the corporation shall, notwithstanding subparagraph 4(2), vest in the company without any conveyance, assignment or transfer whatsoever and the company shall, in respect of all immovable property, apply to the proper registering authority for an entry to be made to that effect; (c) all deeds, bonds, agreements, instruments and working arrangements subsisting immediately before registration in favour of or against the corporation shall be in full force and effect in favour of or against the company and enforceable as fully and effectually as if, instead of the corporation or any person acting on behalf of the corporation, the company had been named therein or been a party thereto; and (d) any proceedings, whether civil or criminal, or cause of action pending or existing immediately before registration by or against the corporation or any person acting on behalf of the corporation may be continued or instituted by or against the company as it might have been by or against the corporation. (4) If any difficulty or anomaly arises in connection with the transitional provisions contained in this paragraph the Minister may, after consultation with the Minister charged with responsibility for companies, by order make such modifications as appear to him to be necessary for removing, resolving or preventing such difficulty or anomaly but he shall not exercise the powers conferred by this subparagraph after the expiration of two years of a corporation being registered as a company pursuant to subsection 4(4). 5. Every corporation established under section 4 shall be a body corporate by such name as the Lembaga shall give to such corporation and shall have perpetual succession and a common seal and may sue and be sued in such name, and may enter into contracts and may hold and deal in or with any immovable or movable property and may do all other matters and things incidental or appertaining to a body corporate not inconsistent with the provisions of this Act and subject to such restrictions or limitations as may be prescribed by the Lembaga in each case. 6. (1) Every such corporation shall have a common seal, which shall bear such device as the corporation, with the approval of Lembaga, may approve, and such seal may from time to time be broken, changed, altered and made anew by the corporation, with the approval of the Lembaga as the corporation shall think fit. (2) Until a seal is provided by the corporation under this paragraph a stamp bearing the name of the corporation may be used as a seal. (3) The common seal, or the stamp referred to in subparagraph (2) shall be in the custody of such person as the corporation shall direct and shall be authenticated by such person; and all deeds, documents and other instruments purporting to be sealed with the seal, authenticated as aforesaid, shall until the contrary is proved, be deemed to have been validly executed: Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation; or any such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf. LAWS OF MALAYSIA
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 February 2013 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
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).