The Board and its objectives
(1) A body corporate by the name of Malaysian Pepper Board is established.
(2) The Board shall have perpetual succession and a common seal, and may sue and be sued in its name.
(3) The objectives of the Board are—
(a) to promote the planting of pepper;
(b) to develop and promote the pepper industry;
(c) to promote the research on pepper, pepper products and the pepper industry;
(d) to develop national objectives, policies and priorities for the orderly development and administration of the pepper industry of Malaysia; and
(e) to regulate the pepper industry except the planting of and research on pepper.
(4) The provisions of the First Schedule shall apply to the Board.
Functions of the Board
The functions of the Board shall be—
(a) to implement policies and developmental programmes to ensure the growth and viability of the pepper industry of Malaysia;
(b) to engage in the trading of pepper, pepper products and to expand to other spices;
(c) to promote or conduct research and development relating to the pepper industry and to commercialize research findings for the benefit of the pepper industry;
(d) to promote, control and monitor measures towards attaining high quality pepper, pepper products and other spices;
(e) to provide technical, advisory, consultancy and related services including training to the pepper industry;
(f) to gather, manage and disseminate information and maintain records of all relevant matters relating to the pepper industry;
(g) to liaise and coordinate with the relevant State Governments and other bodies including being members of associations within and outside Malaysia in the interest of the pepper industry; and
(h) to do such other things as it deems fit to enable it to perform its functions effectively or which are incidental to the performance of its functions.
Powers of the Board
(1) Subject to and for the purpose of this Act, the powers of the Board shall include power—
(a) to enter into contracts;
(b) to acquire, purchase, take, hold and enjoy movable or immovable property of every description;
(c) to convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with any movable or immovable property or any interest therein vested in the Board;
(d) to undertake and co-ordinate activities relating to research and development into the planting, production, harvesting, extraction, processing, storage, transportation, use, consumption and marketing of pepper and pepper products including pepper wastes and services related thereto;
(e) to impose fees or any other charges it deems fit for the use of any facility relating to research, investigation, testing, advisory services or any other service provided by the Board;
(f) to collect and receive any moneys related to its trading activities and the use of its facilities and in consideration of other services rendered by the Board;
(g) to enter into such negotiations and agreements or arrangements as it deems fit for the discharge of its functions;
(h) to acquire, hold, dispose of or grant rights in connection with the results of any research conducted by or for the Board or in connection with the results of any research undertaken by any person or organization;
(i) to provide, with the approval of the Minister, financial or other assistance to the pepper farmers and their related activities;
(j) to commission any person or body to carry out research or development, or both;
(k) to award certificates of proficiency in respect of training and accredited programmes;
(l) to undertake and co-ordinate such activities as it deems necessary for the purpose of protecting and furthering the interests of the pepper industry of Malaysia;
(m) to regulate the pepper industry, except the planting of and research on pepper, including the implementation and enforcement of any regulation made under this Act;
(n) to grant licences, certificates, permits and approvals under this Act in respect of the pepper industry;
(o) to prescribe the standards or grades of pepper and pepper products; and
(p) to do all things expedient or necessary for or incidental to the performance of its functions under this Act.
(2) The Board may, in discharging any of its functions, in appropriate cases carry out commercial activities for gain or profit through companies which may, from time to time, be established under the Companies Act 1965 [Act 125] and such companies shall only be established after approval by the Minister with the concurrence of the Minister of Finance.
(3) The Minister may make regulations prescribing any activity or interest or prescribing the terms and conditions of any activity or interest of any member, officer or servant of the Board in relation to any company established under subsection (2) or to any other company, enterprise or undertaking.
(4) Any omission or neglect to comply with, and any act done or attempted to be done contrary to, the provisions of such regulations is an offence under this Act and the offender shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Membership of the Board
The Board shall consist of the following members who shall be appointed by the Minister:
(a) a Chairman;
(b) a representative of the Ministry charged with the responsibility for the pepper industry, to be nominated by the Secretary General of the Ministry;
(c) a representative of the Treasury, to be nominated by the Secretary General of the Ministry of Finance;
(d) a representative of the Ministry charged with the responsibility for agriculture, to be nominated by the Secretary General of the Ministry;
(e) a representative of the Economic Planning Unit (EPU) of the Prime Minister’s Department to be nominated by the Director General of EPU;
(f) two representatives of the State Government of Sarawak;
(g) a representative of another State Government other than Sarawak;
(h) three representatives of the pepper industry of whom at least two shall be from Sarawak;
(i) two persons who, in the Minister’s opinion, are able to contribute to the development of the pepper industry; and
(j) the Director General.
Tenure of office
A member of the Board appointed by the Minister shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years on such conditions as may be specified in his instrument of appointment and is eligible for reappointment.
Alternate members
(1) The Minister may appoint a person to be an alternate member in respect of each member appointed under paragraphs 6(b) to (i) to attend, in place of that member, meetings of the Board that that member is for any reason unable to attend.
(2) When attending meetings of the Board an alternate member shall for all purposes be deemed to be a member of the Board.
(3) An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Board.
Temporary exercise of functions of Chairman
(1) Where the Chairman is for any reason unable to perform the functions of the Chairman or during any period of vacancy in the office of the Chairman, the Minister may appoint any member of the Board other than the Director General to perform the functions of the Chairman.
(2) Until an appointment under subsection (1) is made or in default of such appointment or in the absence of the Chairman from any meeting of the Board, the member appointed under paragraph 6(b) shall perform the functions of the Chairman.
(3) A member appointed under subsection (1) or a member referred to in subsection (2), as the case may be, shall, during the period in which he is performing the functions of the Chairman under this section be deemed to be the Chairman.
(4) If at any meeting of the Board neither the Chairman nor the person exercising the functions of the Chairman is present, the members present shall elect one of their members to preside at the meeting.
Revocation of appointment and resignation
(1) The appointment of any member appointed by the Minister may at any time be revoked by the Minister without assigning any reason therefor.
(2) A member appointed by the Minister may at any time resign his office by a written notice addressed to the Minister.
Vacation of office
(1) The office of a member of the Board appointed by the Minister shall be vacated if—
(a) he dies;
(b) there has been proved against him, or he has been convicted of, a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or
(iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;
(c) he becomes a bankrupt;
(d) he is of unsound mind or is otherwise incapable of discharging his duties;
(e) he absents himself from three consecutive meetings of the Board without leave of the Chairman or, in the case of the Chairman, without leave of the Minister;
(f) his resignation is accepted by the Minister; or
(g) his appointment is revoked by the Minister.
(2) Where any member appointed by the Minister ceases to be a member by reason of any of the provisions of this Act, another person shall be appointed in his place in accordance with sections 6 and 7.
Protection from personal liability
No member of the Board or of any committee, and no officer, servant or agent of the Board, shall incur personal liability for any loss or damage caused by any act or omission in carrying out his powers or duties under this Act, unless such loss or damage is occasioned by an intentionally wrongful act or omission on his part.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Board or of any committee or against any member, officer, servant or agent of the Board in respect of any act, neglect or default done or committed by him in such capacity.
Public servant
Every member of the Board or any of its committees or any officer, servant or agent of the Board, while discharging his duties as such member, officer, servant or agent shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
Power of Minister to give directions
(1) The Board shall be responsible to the Minister.
(2) The Minister may give directions consistent with this Act to the Board.
(3) The Board shall give effect to all directions given under this section as soon as possible.
Returns, reports, accounts and information
(1) The Board shall furnish to the Minister, and such public authority as may be directed by the Minister, such returns, reports, accounts and information with respect to its property and activities as the Minister may require or direct.
(2) Without prejudice to the generality of subsection (1), the Board, shall as soon as practicable after the end of each financial year, cause to be made and transmitted to the Minister and, if so directed by the Minister, to any other public authority, a report dealing with the activities of the Board during the preceding financial year and the report shall be in such form and shall contain such information relating to the proceedings and policy of the Board as the Minister may specify.
Delegation of Board’s functions and powers
(1) The Board may, subject to such conditions, limitations or restrictions as it deems fit to impose, delegate any of its functions or powers, except the power to borrow money, grant loans, establish corporations or make regulations, to—
(a) any member of the Board;
(b) any committee established by the Board; or
(c) any officer or servant of the Board,
and any function or power so delegated may be performed or exercised by the member, officer or servant, as the case may be, in the name and on behalf of the Board.
(2) A delegation under this section shall not preclude the Board itself from performing or exercising at any time any of the functions or powers so delegated.
(3) Without prejudice to the generality of subsection (1) and the other provisions of this Act, the Board may delegate to the Director General—
(a) the power to grant loans and make advances to the officers and servants of the Board under section 21; and
(b) the authority to sanction expenditure from the Fund or any other moneys vested in or under the control of the Board up to such limit as the Board shall specify.
Board may establish committees
(1) The Board may establish such committees as it considers necessary or expedient to assist it in the performance of its functions under this Act.
(2) The Board may appoint any person to be a member of any committee established under subsection (1).
(3) A committee established under this section may elect any of its members to be chairman and may regulate its own procedure and, in the exercise of its powers under this subsection, such committee shall be subject to and act in accordance with any direction given to the committee by the Board.
(4) Meetings of a committee established under this section shall be held at such times and places as the chairman of the committee may, subject to subsection (3), determine.
(5) A committee may invite any person who is not a member of the committee to attend any meeting of the committee for the purpose of advising it on any matter under discussion but that person is not entitled to vote at the meeting.
(6) Members of a committee or any person invited under subsection (5) to attend any meeting of a committee may be paid such allowances and other expenses as the Board may determine.
(7) A member of a committee shall hold office for such term as may be specified in his instrument of appointment and is eligible for reappointment.
(8) The appointment of any member of a committee may at any time be revoked by the Board without assigning any reason therefor.
(9) A member of a committee may at any time resign his office by a written notice addressed to the Chairman of the Board.
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).
