Prohibition on concealment or destruction of padi or rice
s 17
A person who conceals or destroys any padi or rice in order to withhold the padi or rice from the market shall be guilty of an offence under this Act.
Control of Padi and Rice Act 1994 Part IV — Offences, penalties and proceedings
Offence of refusing to sell rice
s 18
(1) A person licensed under this Act to sell rice, or the servant or agent of any such person, who has in his possession a stock of rice and who— (a) falsely denies that he has rice in his possession; or (b) refuses, except with the permission of the Director General, to sell rice in reasonable quantities in the ordinary way of business, shall be guilty of an offence under this Act: Provided that it shall be a good defence to a charge under paragraph (b) that the accused had reasonable grounds for believing that the purchaser was unable or unwilling to make immediate payment of the price of the rice in cash. (2) The servant or agent of a person licensed under this Act to sell rice shall be deemed to have in his possession a stock of rice if any rice is being kept or stored in the premises where he is employed or in the premises where rice can be stored under the terms of the licence and if he sells the rice on behalf of his employer in the ordinary course of his employment.
Illegal condition
s 19
A person who, in selling padi or rice, imposes except with the permission of the Director General, a condition of sale other than a condition of sale— (a) requiring immediate payment for it; (b) prescribing the time within which payment must be made or delivery taken; (c) or requiring a deposit in respect of the sale of the padi or rice, shall be guilty of an offence under this Act.
Unlawful possession of padi or rice
s 20
A 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 any regulation made thereunder has been or is intended to be committed by him in relation to the padi or rice, shall be guilty of an offence under this Act unless he satisfies the Court that the offence has not been and was not intended to be committed by him.
Offence of obstruction
s 21
A person who obstructs or impedes the Director General, any authorized officer or police officer in the lawful exercise of any of his powers under this Act or any regulation made thereunder shall be guilty of an offence under this Act.
General penalty
s 22
(1) A person, other than a body corporate, but including a director or officer of a body corporate, who commits an offence under, or who fails to comply with, any of the provisions of this Act or any regulation made thereunder in respect of which no penalty is expressly provided for, shall, on conviction, be liable to a fine not exceeding fifteen thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding twenty-five thousand ringgit or to imprisonment for a term not exceeding five years or to both. (2) A body corporate which commits an offence under, or fails to comply with, any of the provisions of this Act or any regulation made thereunder shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit and, for a second or subsequent offence, to a fine not exceeding fifty thousand ringgit. (3) Where a person charged with an offence under any of the provisions of this Act or any regulation made thereunder is a body corporate, every person who, at the time of the commission of the offence is a director or officer of the body corporate may be charged jointly in the same proceedings with the body corporate, and where the body corporate is convicted of the offence 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) A person who would have been liable under any of the provisions of this Act or any regulation made thereunder to a penalty for anything done or omitted if the thing had been done or omitted by him personally, shall be liable to the same penalty if the thing has been done or omitted by his partner, agent or servant, unless he proves that he took reasonable precautions to prevent the doing or omission of the thing.
Burden of proof
s 23
(1) In a prosecution in respect of an offence under this Act or any regulation made thereunder upon a charge of doing an act which is unlawful, unless the person doing the act is entitled to do so by reason of his being the holder of a licence, permit or written permission, consent, authorization or exemption entitling him to do the act, it shall be sufficient for the prosecution to allege and prove his doing the act and the onus shall then be upon the accused to show that he was entitled to do such act. (2) In a prosecution in respect of an offence under this Act or 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 the facts stated in the original invoice or duplicate invoice and notwithstanding the provisions of any law to the contrary for the time being in force, the burden of proving that the 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.
Protection of informers from discovery
s 24
(1) Except as hereinafter provided, no witness in any civil or criminal proceedings whatsoever under this Act or any regulation made thereunder shall be obliged or permitted to disclose the name or address of an informer or the information received from him or to state any matter which might lead to his discovery. (2) If a book or document which is in evidence or is liable to inspection in any civil or criminal proceedings whatsoever contains any entry in which any informer is named or described or which might lead to his discovery, the Court shall cause all the entries to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery. (3) If in the trial for an offence under this Act or any regulation made thereunder the Court, after full enquiry into the case, is of the opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if justice cannot be fully done between the parties thereto without the discovery of the informer, the Court may require the production of the original complaint, if in writing, and permit enquiry, and require full disclosure concerning the informer.
Things seized in respect of which there is prosecution
s 25
(1) Where criminal proceedings are instituted against a person for an offence under this Act or any regulation made thereunder the Court may order the forfeiture in whole or in part of— (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 Director General or any authorized officer or police officer, or any receptacle, package, conveyance, vessel, book or document or other article by means of which the offence has been committed or which is intended to be used for the commission of an offence under this Act or any regulation made thereunder; or (b) the amount secured under paragraph 16(1)(a) where the receptacle, package, conveyance, vessel, book or document or other article released is not surrendered on demand being made, or the amount secured under paragraph 16(1)(b), or the amount realised by sale under paragraph 16(1)(c). (2) Where no order of forfeiture is made under subsection (1) the Court shall make such order as it thinks fit for the disposal of the padi, rice, receptacle, package, conveyance, vessel, book or document or other article specified in paragraph (1)(a), and the amount, if any, specified in paragraph (1)(b).
Effect of forfeiture
s 26
Any padi, rice, receptacle, package, conveyance, vessel, book or document or other article ordered or deemed to be forfeited under this Act, shall be delivered to an authorized officer and shall be disposed of in accordance with the directions of the Director General.
Jurisdiction of Court
s 27
Notwithstanding anything in the Subordinate Courts Act 1948 [Act 92], a Magistrate of the First Class in Peninsular Malaysia or in the State of Sabah or Sarawak, as the case may be, shall have jurisdiction to try any offence under this Act or any regulation made thereunder, and to award full punishment for the offence.
Protection of authorized person
s 28
No proceedings shall be instituted under this Act against a person duly authorized in that behalf by the Director General who has knowingly done or omitted to do any act which would, but for the provisions of this section, have been an offence: Provided that he has done or omitted to do the act with the intention of procuring evidence for the purpose of prosecuting the seller for an offence under this Act or any regulation made thereunder.
Back to Control of Padi and Rice Act 1994 — full text
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).
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