Repeal and dissolution
The Pepper Marketing Board Regulations 1971 [P.U. (A) 447/1971], the Pepper Marketing Scheme 1971 [P.U. (B) 426/1971] (the “repealed Regulations”) are repealed and the Pepper Marketing Board (the “dissolved Board”) is dissolved.
Transfer of powers, etc.
The powers, rights, privileges, liabilities, obligations and duties that before the appointed day were those of the dissolved Board shall devolve as from that day on the Board.
Transfer of property
(1) All lands that before the appointed day were vested in, or reserved under any written law relating to land for the purposes of the dissolved Board shall on that day vest in or be deemed to be reserved for the purposes of the Board. (2) All property and assets other than land that before the appointed day were vested in the dissolved Board or in any person on behalf of the dissolved Board, as the case may be, shall on that day vest in the Board.
Existing contracts
All deeds, bonds, agreements, instruments and working arrangements subsisting before the appointed day and affecting any of the property transferred under section 77 shall have full force and effect against or in favour of the Board and shall be enforceable as fully and effectually as if, instead of the dissolved Board or any person acting on behalf of the dissolved Board, the Board had been named therein or been a party thereto.
Transfer of moneys in funds
All moneys standing in or due to be paid to the funds of the dissolved Board established under the repealed Regulations shall on the appointed day be transferred to and be deemed to be part of the Fund established under section 23 of this Act.
Membership of dissolved Board
(1) Notwithstanding anything to the contrary, the members of the dissolved Board and the members of any committee appointed under the repealed Regulations who held office before the appointed day shall cease to hold office on that day. (2) Nothing in subsection (1) shall affect the accountability of the outgoing members of the dissolved Board and as soon as practicable after the appointed day, the dissolved Board shall prepare and submit to the Minister a report including the financial statements required under the respective repealed Regulations, but the report shall be limited to the period from 1 January of the relevant year to the day before the appointed day. (3) Notwithstanding section 75, the dissolved Board shall continue in existence for the purposes of subsection (2).
Continuance of officers and servants
The persons who on the appointed day are employed as officers and servants of the dissolved Board under the repealed Regulations shall continue to be officers and servants of the Board under this Act as if those persons had been appointed under subsection 20(1) of this Act on the same terms and conditions for a term expiring on the day on which their appointments under the repealed Regulations would expire.
Savings for licences and registers
(1) Notwithstanding the repeal and dissolution under section 75 or any provision of this Act to the contrary, every person who, before the appointed day, held a valid licence issued to him under the repealed Regulations shall be deemed to be licensed under this Act until the expiry date of the licence and subject to the terms and conditions attached thereto. (2) Every licence by virtue of which a person is deemed under subsection (1) to be licensed under this Act shall be deemed to have been issued under this Act; and the Board may alter the terms and conditions attached to the licence for the purpose of bringing them into conformity with the policy of the Board regarding the imposition of conditions on licensing under this Act. (3) The provisions of this Act relating to the cancellation of licences shall apply to all persons deemed under subsection (1) to be licensed under this Act. (4) If a person deemed to be licensed under this Act under subsection (1) desires to be licensed under this Act after the expiration of the period for which he is deemed to be licensed under this Act, he may apply to the Board for a licence in accordance with the regulations made under this Act, notwithstanding anything to the contrary, and his application shall be made and treated as a fresh application and not as an application for renewal of licence. (5) All registers kept and maintained under the repealed Regulations shall be deemed to be registers kept and maintained under this Act and shall be deemed to form part thereof.
Continuance of pending applications, etc.
(1) All applications, approvals or decisions, on appeal or otherwise, pending before the dissolved Board under the repealed Regulations shall on the appointed day be dealt with by the Board under this Act. (2) All applications, approvals or decisions, on appeal or otherwise, pending before the Minister under the repealed Regulations shall on the appointed day be dealt with by the Minister under this Act. (3) All instruments, certificates or documents lodged with the dissolved Board under the repealed Regulations before the appointed day shall on the appointed day be lodged with the Board.
Continuance of civil and criminal proceedings
(1) Neither the repeal under section 75 nor anything contained in this Act shall affect any person’s liability to be prosecuted or punished for offences committed under the repealed Regulations before the appointed day, or any proceedings brought before that day in respect of such offences. (2) Any proceedings, whether civil or criminal, or cause of action pending or existing before the appointed day by or against the dissolved Board or any person acting on behalf of the dissolved Board may be continued or instituted by or against the Board as it might have been by or against the dissolved Board or such person if this Act had not been enacted. (3) Any appeal brought or any leave to appeal applied for on or after the appointed day against a decision given before that day in any legal proceedings to which the dissolved Board was a party may be brought by or against the Board.
Reference in law or document to dissolved Board
A reference in any law or document in force before the appointed day to the dissolved Board shall be construed as a reference to the Board.
Continuance of use of name
(1) Notwithstanding sections 75 and 85, the Board may continue to use the name “Pepper Marketing Board” for the purpose of maintaining goodwill or for any purpose the Board deems fit. (2) No other person may use the name “Pepper Marketing Board” except with the prior written approval of the Board. (3) A person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.
Prevention of anomalies
(1) The Minister may, after consultation with the Board, whenever it appears to him necessary or expedient to do so, whether for the purpose of removing difficulties, preventing anomalies or in consequence of the enactment of this Act, by order published in the Gazette make such modifications to any provisions in any existing laws as he thinks fit. (2) The Minister shall not exercise the powers conferred by subsection (1) after the expiration of two years from the appointed day. First Schedule [Subsection 3(4)] Meetings 1. (1) The Board shall meet at least once in every three months at such time and place as may be appointed by the Chairman. (2) At least fourteen days notice in writing shall be given to the members. (3) The Chairman shall preside at a meeting of the Board. (4) The quorum of the Board shall be seven. (5) Every member of the Board present shall be entitled to one vote. (6) If on a question to be determined by the Board there is an equality of votes, the Chairman shall have a casting vote. Allowance 2. Members of the Board shall be paid such allowances as the Minister may determine. Board may invite others to meetings 3. (1) The Board may invite any person to attend a meeting or deliberation of the Board for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting or deliberation. (2) A person invited under subparagraph (1) may be paid such fee as the Board may determine. Common seal 4. (1) The Board shall have a common seal which shall bear such device as the Board shall approve and such seal may be broken, changed, altered or made anew as the Board deems fit. (2) Until a seal is provided by the Board, a stamp bearing the words “Malaysian Pepper Board” or “Lembaga Lada Malaysia” may be used and shall be deemed to be the common seal of the Board. (3) The common seal shall be kept in the custody of the Director General or such other person as may be authorized by the Board, and shall be authenticated by the Director General or such authorized person 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 to be under seal may in like manner be executed by the Board; and any such document or instrument may be executed on behalf of the Board by any officer or servant of the Board generally or specially authorized by the Board in that behalf. (4) The common seal of the Board shall be officially and judicially noticed. Disclosure of interest 5. A member of the Board having, directly or indirectly, by himself or his partner, any interest in any company or undertaking with which the Board proposes to make any contract or having any interest in any such contract or in any matter under discussion by the Board shall disclose to the Board the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the Board and, unless specifically authorized thereto by the Chairman, such member shall take no part in any deliberation or decision of the Board relating to the contract or matter. Minutes 6. (1) The Board shall cause minutes of all its meetings to be maintained and kept in a proper form. (2) Minutes made of meetings of the Board shall, if duly signed, be admissible in evidence in all legal proceedings without further proof. (3) Every meeting of the Board in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act. Validity of acts and proceedings 7. No act done or proceeding taken under this Act shall be questioned on the ground of— (a) a vacancy in the membership of, or a defect in the constitution of, the Board; (b) the contravention by any member of the Board of the provisions of paragraph 5; or (c) an omission, a defect or an irregularity not affecting the merit of the case. Procedure 8. Subject to this Act, the Board shall determine its own procedure. Member of Board to devote time to business of Board 9. Every member of the Board shall devote such time to the business of the Board as may be necessary to discharge his duties effectively. Appointment to be published 10. The appointment of every member and alternate member of the Board shall be published in the Gazette. Second Schedule [Subsection 33(2)] Power of Board to make regulations in respect of corporation 1. The Board shall, on or before the date on which any corporation is established under section 33, make regulations in respect of such corporation defining— (a) the purposes and objects for which the 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 Board and the Board’s rights of control over such corporation. Limitation on power to establish corporation 2. Nothing in paragraph 1 shall be deemed to authorize the Board to make regulations for any purpose or object more extensive in scope than the purposes or objects for which the Board has been constituted or to confer on any corporation any right, duty, power or function which is not within the rights, duties, powers or functions of the Board under this Act. Effect of regulations 3. Subject to the provisions of this Act and of any regulations made under section 72, 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. Amendment of regulations 4. The Board may at any time amend, revoke or add to any regulations made under paragraph 1 in respect of any corporation. Register of corporations 5. The Board shall keep a register in the prescribed form of all corporations established by it under section 33 and such register, together with copies of all regulations made under paragraphs 1 and 4, shall be open to public inspection at such place or places and at such time as it may prescribe. Winding up 6. (1) The Board may, with the approval of the Minister, by order published in the Gazette, direct that any corporation established by it be wound up and dissolved. (2) Upon the dissolution of any corporation under this paragraph, the assets of the corporation after discharging all its liabilities shall be transferred to and shall vest in the Board. (3) The winding up of a corporation under this paragraph shall be conducted in such manner as the Board may prescribe. Corporations to be bodies corporate 7. Every corporation established under section 33 shall be a body corporate by such name as the Board shall give to it and shall have perpetual succession and a common seal and may sue and be sued in such name and, for the purpose of carrying into effect the project, scheme or enterprise for which it has been established, 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 Board in each case. Common seal 8. (1) Every corporation shall have a common seal which shall bear such device as the corporation, with the approval of the Board, may approve and such seal may be broken, changed, altered or made anew as the corporation, with the approval of the Board, deems fit. (2) Until a seal is provided by the corporation, a stamp bearing the name of the corporation may be used and shall be deemed to be the common seal of the corporation. (3) The common seal shall be kept in the custody of such person as may be authorized by the corporation, and shall be authenticated by such person; 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 to be under seal may in like manner be executed by the corporation; and 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. (2) The common seal of every corporation shall be officially and judicially noticed. laws of MALAYSIA
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).