Establishment of Council
s 4
(1) A body corporate by the name of “Malaysian Food Analysts Council” is established. (2) The Council shall have perpetual succession and a common seal and may sue and be sued in its name.
Food Analysts Act 2011 Part II — THE MALAYSIAN FOOD ANALYSTS COUNCIL
Functions and powers of the Council
s 5
(1) The Council shall have the following functions: (a) to perform the duties and functions and exercise the powers provided in this Act; (b) to determine and regulate the professional conduct and ethics of food analysts and to issue any code of ethics for food analysts; (c) to determine the scale of fees to be charged by registered food analysts for services rendered; (d) to hear and determine disputes relating to the professional conduct or ethics of registered food analysts and to establish committees or appoint arbitrators to hear and determine such disputes; (e) to conduct examinations in association with the Malaysian Institute of Food Technology for admission to the food analysis profession; (f) to hold or cause to be held professional development programmes for registered food analysts to further enhance their knowledge in the latest developments relating to the practise of food analysis; (g) to issue guidelines to specify the procedures and test methods of food analysis; and (h) to do such other things as it considers fit to enable it to perform its functions effectively or that are incidental to the performance of its functions. (2) The Council shall have all such powers as may be necessary for, or in connection with, or reasonably incidental to, the performance of its functions under subsection (1). (3) The Council shall not borrow or raise money in any manner without the prior approval of the Minister and the Minister of Finance.
Common seal
s 6
(1) The Council shall have a common seal that shall bear a device approved by the Council. (2) The common seal may be broken, changed, altered and made anew as the Council considers fit. (3) Until a seal is provided by the Council, a stamp bearing the words “Malaysian Food Analysts Council” may be used and shall be deemed to be its common seal. (4) The common seal shall be kept in the custody of the Chairman or a member of the Council. (5) The common seal shall be affixed in the presence of any two designated members of the Council and such members shall sign every deed, document or other instrument to which the common seal is affixed. (6) All deeds, documents or other instruments purporting to be sealed with the common seal and authenticated as specified in subsection (5) shall, until the contrary is proved, be deemed to have been validly executed. (7) The common seal of the Council shall be officially and judicially noticed.
Membership of the Council
s 7
(1) The Council shall consist of the following members: (a) the Director General who shall be the Chairman; (b) the Senior Director of Food Safety and Quality Division, Ministry of Health Malaysia who shall be the Deputy Chairman; (c) two registered food analysts from the private sector appointed by the Minister, one of whom shall be a member of the Malaysian Institute of Food Technology; (d) two registered food analysts recommended by the Malaysian Institute of Food Technology from among its members and appointed by the Minister; (e) two food scientists employed by a higher educational institution offering a degree in food science or food technology or food science and technology, to be appointed by the Minister; and (f) three representatives from a government food-related agency appointed by the Minister. (2) The Chairman shall, with the approval of the Minister, appoint an officer of the Ministry of Health to be the Secretary of the Council. (3) If the Chairman is unable to exercise his functions under this Act due to illness, absence from Malaysia or any other cause, his functions shall be exercised by the Deputy Chairman. (4) The Chairman may delegate to the Deputy Chairman any of his powers, and when so delegated such power shall be exercised by the Deputy Chairman under the control of and subject to such directions and restrictions as may be specified by the Chairman.
Tenure of office
s 8
(1) A member who is appointed or elected under paragraph 7(1)(c) to (f) shall hold office for a term not exceeding three years. (2) A member who is appointed or elected under paragraph 7(1)(c) to (f) is eligible for reappointment but such member shall not hold office for more than two consecutive terms. (3) If the office of a member becomes vacant before the expiration of his term of office, the person appointed to fill the vacancy shall hold office for the remainder of the term of office of the member whose office has become vacant.
Allowances
s 9
All members of the Council shall be paid such allowances at such rates as the Minister may determine.
Vacation of office
s 10
The office of a member of the Council is deemed to have been vacated if— (a) he dies; (b) his appointment is terminated; (c) he becomes a bankrupt; (d) he is of unsound mind; (e) there has been proved against him, or he has been convicted on, 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; (f) his resignation is accepted by the Minister; (g) he is absent without leave of the Council for three consecutive meetings of the Council; or (h) in the case of an appointed member under paragraph 7(1) (c) or (d), he ceases to be a registered food analyst.
Meetings of the Council
s 11
(1) A meeting of the Council shall be convened by the Chairman by notice in writing to the other members and the meeting shall be held at the time and place specified in the notice. (2) The Council shall meet at least once in four months.
Procedure at meetings
s 12
(1) The Chairman shall preside at all meetings of the Council. (2) If the Chairman is absent from any meeting of the Council, the Deputy Chairman shall preside. (3) The Chairman or the Deputy Chairman, when he is presiding at a meeting, shall have a casting vote. (4) Seven members shall form the quorum of a meeting of the Council. (5) All questions before a meeting of the Council shall be decided by a simple majority of the members present and voting. (6) The Council may determine its own procedure.
Committees
s 13
(1) The Council may establish committees to assist it in carrying out its functions under this Act. (2) The Council may appoint any person to be a member of any committee established under subsection (1). (3) The committee established under this section may elect any of its members to be chairman and may regulate its own procedure and, in carrying out its functions under this subsection, such committee shall be subject to and act in accordance with any direction given to the committee by the Council. (4) The Council may at any time revoke the appointment of any member of a committee.
Public Authorities Protection Act 1948
s 14
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Council or against any member or agent of the Council in respect of any act, neglect or default done or omitted by him in such capacity.
Public servant
s 15
Every member of the Council, while discharging his duties as such member, shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
Back to Food Analysts Act 2011 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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).
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