The Authority
A body corporate by the name “Kemubu Agricultural Development Authority” is established with perpetual succession and a common seal and may sue and be sued in its name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with any movable and immovable property or any interest therein vested in the Authority upon such terms as it deems fit.
Functions of the Authority
(1) The functions of the Authority shall be—
(a) to promote, stimulate, facilitate and undertake economic and social development in the Kawasan Kemubu; and
(b) to plan and undertake within the Kawasan Kemubu such agricultural development as may be assigned to it by the State.
(2) The Authority shall have power to do all things expedient or reasonably necessary or incidental to the discharge of its functions, and in particular, but without prejudice to the generality of the foregoing—
(a) to carry on all activities the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the discharge of its said functions, including the manufacturing, assembling, processing, packing, grading and marketing of products, research and training;
(b) to co-operate with or act as agent or managing agent of or otherwise act in association with or on behalf of the Government of the Federation or of the State, any public authority, any company, any corporation, any body or any person;
(c) to promote and co-ordinate the carrying on of such activities by the Government of the Federation or of the State, public authorities, any company, corporation, or other body or person;
(d) to establish or expand, or promote the establishment or expansion of companies, corporation or other bodies to carry on any such activities either under the control or partial control of the Authority or independently;
(e) to give assistance to any public authority, company, corporation or other body or person appearing to the Authority to have facilities for the carrying on of any such activities, including financial assistance by the taking up of share or loan capital or by loan or otherwise;
(f) to purchase, underwrite or otherwise acquire any stock and shares in any public or private company, and to dispose of the same on such terms and conditions as the Authority may determine;
(g) to require departments, and governmental and nongovernmental agencies engaged in carrying out or intending to carry out development in the Kawasan Kemubu to submit report regarding their activities or proposed activities containing such particulars and information as may be specified by the Authority;
(h) to appoint agents or establish such other bodies as it may deem fit for the purposes of carrying out its functions;
(i) to impose fees or any other charges it deems fit for giving effect to any of its powers or functions;
(j) to receive, in consideration of the services rendered by it, such commission or payment as may be agreed upon;
(k) to regulate development in the Kawasan Kemubu; and
(l) to do such other things as it deems fit for the effective carrying out of its functions and powers.
Membership of the Authority
(1) The Authority shall consist of the following members:
(a) a Chairman;
(b) a Deputy Chairman;
(c) the Director General of Drainage and Irrigation or his representative;
(d) a representative of the Federal Agricultural Marketing Authority established under the Federal Agricultural Marketing Authority Act 1965 [Act 141];
(e) a representative of the Bank Pertanian Malaysia established under the Bank Pertanian Malaysia Act 1969 [Act 9];
(f) a representative of the Lembaga Padi dan Beras Negara established under the Lembaga Padi dan Beras Negara Act 1971* [Act 47];
(g) three representatives of the State; and
(h) not more than three other members.
(2) The Chairman shall be appointed by the Yang di-Pertuan Agong and the other members of the Authority shall be appointed by the Minister.
(3) The provisions of the First Schedule shall apply to the members of the Authority.
*NOTE—The Lembaga Padi dan Beras Negara Act 1971 [Act 47] is repealed and the Lembaga established under the said Act is dissolved—see section 32 of the Control of Padi and Rice Act 1994 [Act 522].
Public Authorities Protection
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Authority or against any member, officer, servant or agent of the Authority in respect of any act, neglect or default done or committed by him in such capacity.
Public servants
All members, officers and servants of the Authority, while discharging their duties in such capacity, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Power of Minister to give directions
(1) The Authority shall be responsible to the Minister, and the Minister may, from time to time, give directions not inconsistent with the provisions of this Act and the Authority shall, as soon as possible, give effect to all such directions.
(2) Without prejudice to the generality of subsection (1), and subject to consultation with the Authority, the power of the Minister to give directions shall extend to the giving to it of directions—
(a) as to the disposal of capital assets; and
(b) as to the application of proceeds of such disposals, notwithstanding that the directions may be of a specific character:
Provided that no such direction shall, so long as any sum borrowed by the Authority in accordance with the provisions of this Act remains outstanding, be given except with the concurrence of the Minister of Finance.
The Kawasan Kemubu
(1) For the purposes of this Act, the Minister may, after consultation with the Government of the State, from time to time, determine by notification in the Gazette the area within which the
Authority shall perform its functions under this Act and such area shall be known as the “Kawasan Kemubu”.
(2) Notwithstanding any other written law, it shall be the responsibility of the Authority to exercise the functions provided by this Act in the Kawasan Kemubu.
Additional functions of the Authority
In addition to the duties imposed upon and powers vested in the Authority by this Act, the Authority may undertake such other functions, exercise such other powers and administer and expend such other moneys for such purposes as the Government of the Federation or of the State or any statutory authority, may assign or give to it and in so doing the Authority shall be deemed to be fulfilling the purposes of this Act and the provisions of this Act shall apply to the Authority in respect of such functions and the administration and expending of such moneys:
Provided always that the accounts of such moneys shall be kept separate and apart from those of the Fund.
Returns, reports, accounts and information
(1) The Authority shall furnish the Minister and such other person, body of persons or 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 from time to time require or direct.
(2) Without prejudice to the generality of the provisions of subsection (1), the Authority 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 the Government of the State or any other public authority, a report dealing with the activities of the Authority during the preceding financial year and in such form and containing such information relating to the proceedings and policy of the Authority as the Minister may from time to time specify.
(3) The Minister shall cause a copy of every such report to be laid before the Dewan Rakyat.
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).
