The Board and its objectives
(1) A body corporate by the name of “National Kenaf and Tobacco Board” is established.
(2) The Board shall have perpetual succession and a common seal, and may sue and be sued in its name.
(3) Subject to and for the purpose of this Act, the Board may, upon such terms as the Board deems fit—
(a) enter into contracts and joint venture agreement whether commercial or trading in nature;
(b) acquire, purchase, take, hold and enjoy movable or immovable property of every description; and
(c) convey, assign, surrender, yield up, charge, mortgage, demise, lease, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Board.
(4) The objectives of the Board are—
(a) to promote and develop the kenaf industry;
(b) to establish national objectives, policies and priorities for the orderly development and administration of the kenaf industry;
(c) to regulate, control and co-ordinate all activities relating to the tobacco industry; and
(d) to promote and develop other economic activities for persons involved in kenaf industry and tobacco industry.
(5) The provisions of the 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 viability of the kenaf industry;
(b) to plan, conduct, promote, co-ordinate, implement and monitor all research and development activities relating to the planting, production, harvesting, extraction, processing, storage, transportation, use and marketing of kenaf and kenaf products;
(c) to register, co-ordinate and promote all activities relating to the planting, processing, research, movement, storage, grading, marketing, export and import of kenaf and kenaf products, including to regulate the minimum prices in relation to specified qualities or grades at which kenaf may be sold other than for export;
(d) to implement policies to regulate the tobacco industry;
(e) to plan, conduct, co-ordinate, implement and monitor all research and development activities relating to the planting, production, harvesting, extraction, processing, storage, transportation, use and marketing of tobacco and tobacco products;
(f) to regulate, register and co-ordinate all activities relating to the planting, processing, research, movement, storage, grading, marketing, export and import of tobacco and tobacco products, including to regulate the minimum prices in relation to specified qualities or grades at which tobacco may be sold other than for export;
(g) to conduct research and development in any other areas where the results of the research and development are intended to achieve the objectives of the Board;
(h) to promote, control and monitor measures towards attaining a high quality for kenaf, kenaf products or tobacco;
(i) to plan and implement training programmes and human resource development in line with the needs of the kenaf industry and tobacco industry;
(j) to consider, promote and take measures to prevent the occurrence and spread of diseases affecting kenaf and tobacco;
(k) to provide technical, advisory, consultancy and related services to the kenaf industry and tobacco industry;
(l) to gather, manage and disseminate information and maintain records of all relevant matters relating to the kenaf industry and tobacco industry;
(m) to be the resource and information centre of the kenaf industry and tobacco industry;
(n) to publish or sponsor the publication of journals, periodicals, booklets and other publications and to collect, collate and disseminate information relating to kenaf and tobacco and other economic activities;
(o) to engage in the trading of kenaf, kenaf products, tobacco or tobacco products;
(p) to consider, promote and take measures to develop economic activities for persons involved in the kenaf industry or tobacco industry;
(q) to liaise and co-ordinate with the relevant State Governments and other bodies in carrying out such activities relating to the kenaf industry or tobacco industry as it deems necessary including being members of associations within and outside Malaysia in the interest of the kenaf industry and tobacco industry; and
(r) 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
The powers of the Board shall include powers—
(a) to undertake activities relating to research and development on the planting, production, harvesting, extraction, processing and marketing of—
(i) kenaf, kenaf products and tobacco;
(ii) other usage of kenaf, kenaf products and tobacco,
and services related thereto and to commission any person or body to carry out such research and development;
(b) to enter into such negotiations and agreements or arrangements with any person or body as it deems fit for the discharge of its functions;
(c) 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;
(d) to co-ordinate such activities as it deems necessary for the purpose of protecting and furthering the interests of the kenaf industry and tobacco industry;
(e) to regulate the kenaf industry and tobacco industry, including the implementation and enforcement of any regulations made under this Act;
(f) to grant licences, approvals, certificates and permits under this Act in respect of the kenaf industry and tobacco industry;
(g) to prescribe the standards or grades of kenaf, tobacco, kenaf products and tobacco products;
(h) to promote economically viable alternatives for persons involved in the kenaf industry or tobacco industry;
(i) to provide financial or other assistance, with the approval of the Minister, to persons involved in the kenaf industry or tobacco industry;
(j) to impose fees or any other charges as it deems fit for the use of any facility relating to research, testing, advisory or any other services provided by the Board;
(k) 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;
(l) to award certificates of proficiency in respect of training and accredited programmes;
(m) to make contribution to bodies or organizations of which the Board is a member or to such organizations related to the kenaf industry and tobacco industry as the Minister may determine; and
(n) to do all things expedient or necessary for or incidental to the performance of its functions under this Act.
Membership of the Board
The Board shall consist of the following members:
(a) a Chairman who shall be appointed by the Minister;
(b) the Secretary General of the Ministry responsible for the kenaf industry and tobacco industry;
(c) the Secretary General of the Ministry responsible for agriculture;
(d) the Secretary General of the Treasury;
(e) the Secretary General of the Ministry of Rural and Regional Development;
(f) the Secretary General of the Ministry of International Trade and Industry;
(g) the Secretary General of the Ministry of Health;
(h) the Director General; and
(i) six other persons who shall be appointed by the Minister who, in the opinion of the Minister, have the experience and shown capacity and professionalism in matters relating to the development of the kenaf industry and tobacco industry, of whom there shall be—
(i) a representative of the tobacco manufacturers;
(ii) a representative of the licensed curer; and
(iii) a representative of the kenaf industry.
Tenure of office
(1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Board appointed under paragraph 6(a) or (i) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years.
(2) A member of the Board appointed under paragraph 6(a) or (i) shall be eligible for reappointment but no member shall hold the office for more than two terms either continuously or otherwise.
Alternate members
(1) The Minister may, in respect of each member appointed under paragraphs 6(b) to (g), appoint one person to be an alternate member to attend, in place of the member, meetings of the Board or of any committee set up by the Board if that member is for any reason unable to attend.
(2) When attending meetings of the Board or of any committee set up by 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) When the office of the Chairman is vacant or the Chairman is absent from duty in Malaysia or the Chairman is, for any other reason, unable to perform the duties of his office, the member appointed under paragraph 6(b) shall temporarily act as the Chairman, and if that member is for any reason unable to act under this subsection, the member appointed under paragraph 6(c) shall act as the Chairman.
(2) A member acting as the Chairman under subsection (1) shall be deemed to be the Chairman.
Revocation of appointment and resignation
(1) The appointment of any member appointed under paragraphs 6(a) and (i) may at any time be revoked by the Minister without assigning any reason for the revocation.
(2) A member may at any time resign his office by a written notice addressed to the Minister.
Vacation of office and filling of vacancy
(1) The office of a member appointed under paragraph 6(a) or (i) 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 a member appointed under paragraph 6(a) or (i) ceases to be a member of the Board, the Minister may appoint another person to fill the vacancy for the remainder of the term for which the vacating member was appointed in accordance with the provisions applying.
Protection against suit and legal proceedings
No action shall lie or prosecution shall be brought, instituted or maintained in any court against—
(a) the Board;
(b) any member of the Board, any member of a committee or any servant or agent of the Board; or
(c) any other person lawfully acting on behalf of the Board, the Director General, Deputy Director General, officer or servant of the Board,
in respect of any act or omission done or omitted by it or him in good faith in such capacity.
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 against any member, any member of a committee, or any officer, servant or agent of the Board, in respect of any act, neglect, default or omission done or committed by it or him in such capacity.
Public servant
Every member of the Board, or any member of a committee, or any officer, servant or agent of the Board, while discharging his duties under this Act 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 the Board directions of a general character consistent with the provisions of this Act relating to the performance of the functions and the exercise of the powers of 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 any public authority as may be specified 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) The returns, reports, accounts and information 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 subsection (2) and such conditions, limitations or restrictions as it deems fit to impose, delegate in writing any of its functions or powers, except the power to borrow money, grant loans, establish companies or make regulations, to—
(a) any member;
(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) Any person delegated with such function and powers shall be bound to observe and have regard to all conditions, limitations or restrictions imposed by the Board.
(3) 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.
(4) 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.
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 elect any of its members or any other person to be the chairman of a committee established under subsection (1).
(3) The Board may appoint any person to be a member of a committee.
(4) A committee 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.
(5) Meetings of a committee established under this section shall be held at such times and places as the chairman of the committee may determine.
(6) 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.
(7) Members of a committee or any person invited under subsection (6) to attend any meeting of a committee may be paid such allowances and other expenses as the Board may determine.
(8) 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.
(9) The appointment of any member of a committee may at any time be revoked by the Board without assigning any reason therefor.
(10) 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).
