Authorization of officer to exercise powers under this Part
(1) The Director General may authorize in writing any public officer to exercise the powers under this Part. (2) In exercising any of the powers under this Part the officer shall on demand produce to the person against whom he is acting under this Act or any regulation made thereunder the authority issued to him by the Director General.
Power to obtain information
(1) An authorized officer may by writing under his hand or by notification in the Gazette require any person or class or description of persons or all persons— (a) to furnish him or such other person as may be specified in the requisition with full and accurate periodical or other returns or information in respect of padi or rice, showing all or any of the following particulars: (i) the quantity thereof in his or their possession or under his or their control; (ii) the cost thereof or expense incurred in respect thereof; (iii) the price charged or received by him or them therefor; (iv) any other information which the authorized officer may deem necessary to request in respect thereof; (b) to produce for inspection any book or document relating to any padi or rice in his or their possession or under his or their control; (c) to register his or their names and addresses and other particulars and in the manner as the authorized officer may specify; and (d) to maintain the records and to make the returns containing the particulars as the authorized officer may specify relating to the acquisition, disposal, deposit, withdrawal, production, treatment, distribution, use and consumption of any padi or rice. (2) Where a person to whom a requisition has been made under subsection (1) fails to comply with it within the time as may be specified in the requisition or, if no time is specified, fails to comply with it within a reasonable time, he shall be guilty of an offence under this Act. (3) Where any information is required to be furnished in pursuance of subsection (1), an authorized officer may ask any person any question either orally or in writing or may require any person to produce any book or document which the authorized officer may consider necessary for the purpose of obtaining the information, and any person who refuses to answer or knowingly gives a false answer to such question or refuses to produce such book or document, shall be guilty of an offence under this Act.
Power to enter premises
(1) An authorized officer or a police officer— (a) for the purpose of testing the accuracy of a record kept or return made or information given to an authorized officer under section 7; or (b) for the purpose of obtaining information, may— (aa) enter at any reasonable time any land, house, building or other place belonging to or in the occupation of any person; and (bb) carry out such inspection and examination (including the inspection and examination of books) as he may consider necessary. (2) Where, as a result of any inspection and examination made under subsection (1), there is any discrepancy between the quantity or quality of any padi or rice found and any record or return required to be kept or made or any information given in respect of the padi or rice, the person required to keep the record or to make the return or to give the information shall be guilty of an offence under this Act.
Power of investigation
(1) An authorized officer shall have the power to investigate the commission of an offence under this Act or any regulation made thereunder. (2) An authorized officer may, in relation to an investigation in respect of an offence committed under this Act or any regulation made thereunder, exercise the special powers in relation to police investigation except that the power to arrest without warrant given by the Criminal Procedure Code [Act 593] in a seizable offence may not be exercised by him. (3) Upon completion of his investigation, the authorized officer shall immediately give all information relating to the commission of the offence to an officer in charge of a police station and a police officer may, by warrant, arrest any person who may have committed an offence under this Act or any regulation made thereunder.
Power to require attendance of person acquainted with case
(1) An authorized officer making an investigation under section 9 may by order in writing require the attendance before himself of any person who appears to the authorized officer to be acquainted with the circumstances of the case, and the person shall attend as so required. (2) If the person fails to attend as so required, the authorized officer may report the failure to a Magistrate who shall issue a summons to secure the attendance of the person as required by the order aforaesaid.
Examination of person acquainted with case
(1) An authorized officer making an investigation under section 9 may obtain information from any person supposed to be acquainted with the facts and circumstances of the case. (2) The person shall be legally bound to answer all questions relating to the case put to him by the authorized officer: Provided that the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture. (3) A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer to questions. (4) The authorized officer obtaining information from a person shall first inform that person of the provisions of subsections (2) and (3). (5) A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.
Prosecution
(1) No prosecution shall be instituted in respect of any offence under this Act or any regulation made thereunder without the sanction in writing of the Public Prosecutor. (2) Prosecutions in respect of offences under this Act or any regulation made thereunder may be conducted by any officer authorized in writing by the Director General.
Seizure of padi or rice or any thing connected to an offence
(1) In every case where information is given on oath to a Magistrate that there is reasonable cause for suspecting that there is in any land, house, building or other place any padi, rice, receptacle, package, conveyance, vessel, book or document or other article which has been used to commit or is intended to be used to commit an offence under this Act or any regulation made thereunder, he shall issue a warrant under his hand by virtue of which an authorized officer or a police officer named or referred to in the warrant may enter the land, house or building at any reasonable time by day or night, and search for and seize or seal any such padi, rice, receptable, package, conveyance, vessel, book or document or other article. (2) If the authorized officer or police officer is satisfied upon information received that he has reasonable grounds for believing that by reason of delay in obtaining a search warrant, any padi, rice, receptable, package, conveyance, vessel, book or document or other article used to commit or intended to be used to commit an offence under this Act or any regulation made thereunder is likely to be removed or destroyed, he may enter such land, house or building without a warrant and seize or seal any such padi, rice, receptacle, package, conveyance, vessel, book or document or other article found therein. (3) It shall be an offence for a person without lawful authority to break, tamper with or damage the seal or remove any such padi, rice, receptacle, package, conveyance, vessel, book or document or other article or to attempt so to do. (4) All padi and rice in respect of which there has been, or there is reasonable cause to suspect that there has been, committed an offence against this Act or any regulation made thereunder or a breach of any of the provisions of this Act or any regulation made thereunder, or of any restriction or condition subject to or upon which a licence or permit has been granted, together with any receptacle, package, conveyance, vessel or other article, in which the same may have been found or which have been used in connection with the offence or breach, and any book or document which may reasonably be believed to have a bearing on the case, may be seized by the authorized officer or police officer in any place either on land or in territorial waters. (5) All the padi and rice and the receptacles, packages, conveyances, vessels, books or documents or other articles shall, as soon as is convenient, be delivered into the care of an authorized officer whose duty is to receive the same. (6) An authorized officer or a police officer who makes a seizure under this Act or any regulation made thereunder shall prepare a list of the things seized and the grounds for the seizure and, forthwith, or as soon as is practicable, deliver a copy signed by him to the offender or owner, or his agents or servants present in the premises and if the premises are unoccupied, such officer shall, wherever possible, post a list of the things seized on the premises. (7) In this section, “territorial waters” means the territorial waters of Malaysia determined in accordance with the Emergency (Essential Powers) Ordinance, No. 7 1969 [P.U. (A) 307A/1969].
Power to stop and search conveyance
(1) Where an authorized officer or a police officer has reasonable suspicion that a conveyance is carrying padi or rice in contravention of any provision of this Act or any regulation made thereunder, it shall be lawful for the officer to stop and examine the conveyance for the purpose of ascertaining whether any padi or rice is contained therein or is being moved or transported contrary to such provision and the person in control or in charge of the conveyance shall if required to do so by the officer, stop the conveyance and allow the officer to examine the same. (2) The person in control or in charge of a conveyance examined under the provision of subsection (1) shall on request by the authorized officer or police officer open all parts of the conveyance for examination by the officer and take all measures necessary to enable the examination as the officer considers necessary to be made.
Things seized in respect of which there is no prosecution
(1) Subject to section 16, if there is no prosecution with regard to any padi or rice seized under this Act or any regulation made thereunder, the padi or rice together with any receptacle, package, conveyance, vessel or other article, in which the padi or rice may have been found, or any book or document connected therewith shall be taken and deemed to be forfeited at the expiration of thirty days from the date of the publication of a notice in accordance with the provisions of subsection (2) by the Director General or an authorized officer unless a claim thereto is made before the expiration of the thirty days in the manner hereinafter set out. (2) The notice mentioned in subsection (1) shall contain a description of the padi, rice, receptacle, package, conveyance, vessel, book or document or other article seized and shall require a person who has a claim thereto to give written notice of his claim, personally or by his agent authorized in writing before the expiration of thirty days from the date of publication of the notice. (3) The notice shall be published— (a) by posting it in a conspicuous place— (i) on the Land Office, in the district in which the padi, rice, receptacle, package, conveyance, vessel, book or document or other article was seized; and (ii) on the office of the authorized officer in the State in which the padi, rice, receptacle, package, conveyance, vessel, book or document or other article was seized; and (b) where the Director General is of the opinion that publication in a newspaper is necessary, in such newspapers circulating in the State, in which the padi, rice, receptacle, package, conveyance, vessel, book or document or other article was seized, as the Director General thinks fit. (4) A person asserting that he is the owner of any padi, rice, receptacle, package, conveyance, vessel, book or document or other article seized under this Act or any regulation made thereunder (who is referred to in this section as “the claimant”) and that the same is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the authorized officer that he claims the same. (5) On receipt of the notice, the authorized officer shall refer the claim to the Director General who may direct that the padi, rice, receptacle, package, conveyance, vessel, book or document or other article be released to the claimant if he is satisfied that the claimant is the rightful owner thereof. (6) If the Director General is not satisfied that the claimant is the rightful owner of any padi, rice, receptacle, package, conveyance, vessel, book or document or other article seized under this Act or any regulation made thereunder he shall direct the authorized officer to refer the claim to a Magistrate of the First Class. (7) When a claim is referred to a Magistrate of the First Class under subsection (6) the Magistrate shall issue a summons requiring the claimant and the person from whom the padi, rice, receptacle, package, conveyance, vessel, book or document or other article was seized, if he is not the claimant, to appear before him, and upon their appearance or default in appearance, due service of the summons being proved, the Magistrate shall proceed to the examination of the matter and on proof that an offence under this Act or any regulation made thereunder has been committed and that the padi or rice was the subject matter of the offence, or that the receptacle, package, conveyance, vessel, book or document or other article was used in the commission of the offence, may order the same to be forfeited or shall in the absence of such proof, order its release to the person who in the opinion of the Magistrate is the rightful owner thereof. (8) In any proceedings under subsection (7) the burden shall be on the claimant and on the person from whom the padi, rice, receptacle, package, conveyance, vessel, book or document or other article was seized, if he is not the claimant, to prove that the padi or rice was not the subject matter of the offence or that the receptacle, package, conveyance, vessel, book or document or other article was not used in the commission of the offence. (9) If in the opinion of the Magistrate the claimant is not the rightful owner of the padi, rice, receptacle, package, conveyance, vessel, book or document or other article seized or where there is more than one claimant, none of the claimants is the rightful owner of the padi, rice, receptacle, package, conveyance, vessel, book or document or other article seized, he shall order the same to be forfeited.
Release or disposal of padi, rice, etc.
(1) Where any padi, rice, receptacle, package, conveyance, vessel, book or document or other article has been seized under this Act or any regulation made thereunder, an authorized officer or a police officer not below the rank of Inspector may— (a) release the receptacle, package, conveyance, vessel, book or document or other article to the owner thereof or to the person from whose possession, custody or control it was seized, or to such person as the authorized officer or police officer may consider entitled thereto, subject to such terms and conditions as the authorized officer or police officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the authorized officer or police officer that the receptacle, package, conveyance, vessel, book or document or other article shall be surrendered to the authorized officer or police officer on demand being made by the authorized officer or police officer and that the said terms and conditions, if any, shall be complied with; (b) release the padi, rice, receptacle, package, conveyance, vessel, book or document or other article to the owner thereof or to the person from whose possession, custody or control it was seized, or to such person as the authorized officer or police officer may consider entitled thereto, with liberty for the person to whom the same is so released to dispose of the same, subject to such terms and conditions as the authorized officer or police officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the authorized officer or police officer in an amount not less than an amount which in the opinion of the authorized officer or police officer represents— (i) the open market value of the padi, rice, receptacle, package, conveyance, vessel, book or document or other article on the date on which it is so released; (ii) the customs duty payable in respect thereof, if any; and (iii) the tax payable in respect thereof under any written law, if any, for the payment of the amount so secured to the Director General in the event of the Court making an order for the forfeiture of such amount under this Act; or (c) sell or destroy, as appropriate in the circumstances, the padi, rice, receptacle, package or other article, which, in the opinion of the authorized officer or police officer, is of a perishable nature or likely to speedily deteriorate in quality or value, and where it is so sold, the authorized officer or police officer shall hold the proceeds of sale to abide the result of any prosecution or claim. (2) Any person who— (a) fails to surrender on demand to an authorized officer or a police officer not below the rank of Inspector any receptacle, package, conveyance, vessel, book or document or other article released to him under paragraph (1)(a); or (b) fails to comply with or contravenes any of the terms or conditions imposed under paragraph (1)(a) or (b) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both. (3) The criminal liability of a person under subsection (2) shall be in addition to any other liability that the said person or any other person may incur under the terms and conditions relating to the release of any receptacle, package, conveyance, vessel, book or document or other article under paragraph (1)(a) or any padi, rice, receptacle, package, conveyance, vessel, book or document or other article under paragraph (1)(b).
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (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).