Regulation of pepper industry
(1) The pepper industry, except the planting of and research on pepper, shall be regulated in accordance with the regulations made under this Act. (2) The regulations under subsection (1) shall be made after consultation with the relevant States’ Government.
Appointment of analysts
(1) For the purposes of this Act, the Minister may appoint analysts to examine and test any pepper or pepper product and to certify its condition, type, method of processing, quality, standard and grade. (2) In any prosecution for an offence under this Act, a certificate of analysis signed by an analyst shall be sufficient evidence of the facts stated in the certificate.
Proportional examination or testing of seized pepper
(1) Where it is necessary to examine or test any pepper or pepper product seized under this Act, it shall be sufficient to examine or test only a sample not exceeding ten per centum in volume or weight of the pepper or pepper product or of each different type or description of the pepper or pepper product or, if the pepper or pepper product is packed in different packages, of the contents of each package. (2) The court shall presume that the rest of the type, description or package of the pepper or pepper product conforms in condition, type, method of processing, quality, standard, grade or otherwise to the sample of the pepper or pepper product examined or tested.
Cost of holding seized pepper, etc.
Where any pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act is held in the custody of the Board or the Government pending completion of any proceedings in respect of an offence under this Act, the cost of holding it in custody shall, in the event of any person being found guilty of an offence, be a debt due to the Board or the Government, as the case may be, by such person and shall be recoverable accordingly.
No costs or damages arising from seizure to be recoverable
No person shall, in any proceedings before any court in respect of the seizure of any pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.
Additional powers
(1) An authorized officer shall, for the purposes of the execution of this Act, have power to do all or any of the following acts: (a) to require the production of records, accounts, computerized data and documents and to inspect, examine and copy any of them; (b) to require the production of any identification document from any person in relation to any case or offence under this Act; (c) to make such enquiry as may be necessary to ascertain whether the provisions of this Act have been complied with. (2) A person who fails to comply with a request made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Offence to assault or obstruct authorized officer
A person who— (a) assaults, obstructs, impedes or interferes with any authorized officer in the performance of his functions under this Act; (b) rescues or endeavours to rescue any pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized under this Act; or (c) before or after any seizure causes the disappearance of, or damages or destroys any pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article in order to prevent the seizure thereof or the securing of the pepper, pepper product, conveyance, machinery, contrivance, equipment, book, record, document or other article, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Duty to maintain secrecy
(1) Except for the purposes of this Act, no person who has access to any record, book, register, correspondence, information, document or other material obtained under this Act shall disclose such record, book, register, correspondence, information, document or other material to any other person. (2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
False information
A person who makes, orally or in writing, signs or furnishes any declaration, return, certificate or other document or information required under this Act which is untrue, inaccurate or misleading in any particular commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Offence committed by body corporate
(1) Where a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management— (a) may be charged severally or jointly in the same proceedings with the body corporate; and (b) where the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves— (i) that the offence was committed without his knowledge, consent or connivance; and (ii) that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence. (2) Where any person would be liable under this Act to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed— (a) by his employee in the course of his employment; (b) by the agent when acting on his behalf; or (c) by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.
Abetments and attempts punishable as offences
(1) A person who abets the commission of or who attempts to commit any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence. (2) A person who does any act preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence: Provided that any term of imprisonment imposed shall not exceed one-half of the maximum term provided for the offence.
Compounding of offences
(1) The Director General may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act and prescribed to be a compoundable offence by regulations made under this Act by making a written offer to such person to compound the offence upon payment to the Board of such amount not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in the offer. (2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted. (3) If the amount specified in the offer under subsection (1) is not paid within the time specified in the offer or within such extended period as the Director General may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made. (4) Where an offence has been compounded under subsection (1), no prosecution shall thereafter be instituted in respect of such offence against the person to whom the offer to compound was made and any pepper or pepper product or the proceeds of sale thereof, or any conveyance, machinery, contrivance, equipment, book, record, document or other article seized in connection with the offence may be released or forfeited by the Director General, subject to such terms and conditions as the Director General thinks fit to impose in accordance with the conditions of the compound.
Institution and conduct of prosecution
(1) No prosecution for or in relation to any offence under this Act shall be instituted without the written consent of the Public Prosecutor. (2) Any officer of the Board authorized in writing by the Public Prosecutor may conduct the prosecution for any offence under this Act.
Jurisdiction to try offences
Notwithstanding any written law to the contrary, a Court of a Magistrate of the First Class shall have jurisdiction to try any offence under this Act and to impose the full punishment for any such offence.
Protection against suit and legal proceedings
No action shall lie or prosecution shall be brought, instituted or maintained in any court against— (a) the Director General, Deputy Directors General, or any other officer duly appointed under this Act; and (b) any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Director General, a Deputy Director General or any other officer duly appointed under this Act, if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it and for carrying into effect the provisions of this Act.
Rewards
The Director General may order such rewards as he thinks fit to be paid to any person for services rendered in connection with the detection of any offence under this Act, or in connection with any seizures made under this Act.
Protection of informers
(1) Except as provided in subsections (2) and (3), no witness in any civil or criminal proceeding shall be obliged or permitted to disclose the name or address of an informer or the substance of the information received from him or to state any matter, which might lead to his discovery. (2) If any book, record, account, document or computerized data which is in evidence or liable to inspection in any civil or criminal proceeding contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such entries to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery. (3) If on the trial for any offence under this Act the court after full enquiry into the case believes 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 in any other proceeding the court is of the opinion that justice cannot be fully done between the parties in that proceeding 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.
Power to exempt
(1) The Minister may by order published in the Gazette exempt any person or class of persons or any activity in the pepper industry or any pepper or pepper product or other thing from all or any of the provisions of this Act. (2) The Minister may impose any terms and conditions as he thinks fit on any exemption under subsection (1).
Amendment of Schedules
The Minister may, after consultation with the Board, amend the First Schedule and Second Schedule by order published in the Gazette.
Regulations
(1) The Minister may make regulations for all or any of the following purposes: (a) prescribing the manner of applying for licences, certificates, permits and approvals under this Act, the particulars to be supplied by an applicant, the manner of licensing and certification, the fees payable therefor, the conditions to be imposed and the form of licences, certificates, permits and approvals; (b) prescribing the standards of processing and methods of preserving, grading or packaging pepper and pepper product; (c) prescribing the standards or grades of pepper and pepper product and making provision for giving effect to such standards and grades, including provisions for or relating to labelling; (d) prescribing the procedure to be followed by traders in trading pepper and pepper product; (e) providing for the maintenance of proper standards of conduct in the carrying out of the pepper trade and pepper industry and for dealing with infringements thereof; (f) prescribing the practices to be observed or avoided in the pepper industry, except the planting of and research on pepper; (g) prescribing the procedure to be followed for the administration of the Fund; (h) prescribing the offences which may be compounded; (i) prescribing the records and documents to be kept and the returns to be submitted; (j) prescribing the forms for the purposes of this Act; (k) prescribing the fees and charges payable under this Act and the manner for collecting and disbursing such fees; (l) providing for the regulation of all or any of the activities of the Board and generally the performance of the functions and the exercise of the powers of the Board under this Act; (m) providing for such other matters as are contemplated by, or necessary for giving full effect to, the provisions of this Act and for their due administration. (2) Regulations made under subsection (1) may prescribe any act in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding two hundred and fifty thousand ringgit or imprisonment for a term not exceeding three years or both for such offence.
Power of Minister to make regulations on marketing
The Minister may make regulations to regulate, manage, control and develop the market and to improve the marketing of pepper and pepper products.
Validation of acts done in anticipation of the enactment of this Act
(1) Subject to subsection (2), all acts and things done by any person in preparation for or in anticipation of the enactment of this Act and any expenditure incurred in relation thereto shall be deemed to have been authorized under this Act, provided that the acts and things done are not inconsistent with the general intention and purposes of this Act; and all rights and obligations acquired or incurred as a result of the doing of those acts or things including any expenditure incurred in relation thereto shall be deemed to be the rights and obligations of the Board. (2) Subsection (1) does not extend to authorizing the appointment of members, officers or servants of the Board except in so far as to authorize the temporary appointment of such persons until the proper appointments are made under this Act.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 November 2012 (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).