MUDA AGRICULTURAL DEVELOPMENT AUTHORITY ACT 1972

The functions of the Authority shall be—

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—

to receive, in consideration of the services rendered by it, such commission or payment as may be agreed upon;

to regulate development in the Kawasan Muda; and

to do such other things as it deems fit for the effective carrying out of its functions and powers.

Membership of the Authority

The Authority shall consist of the following members:

The Chairman shall be appointed by the Yang di-Pertuan

Agong and the other members of the Authority shall be appointed by the Minister.

The provisions of the First Schedule to this Act shall apply to the members of the Authority.

*NOTE—Lembaga Padi dan Beras Negara Act 1971 [Act 47] has been repealed by

Control of Padi and Rice Act 1994 [Act 522].

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.

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—

For the purposes of this Act, the Minister may, after consultation with the Government of the States of Kedah and

Perlis, from time to time, determine by notification in the Gazette the area or areas within which the Authority shall perform its 070e.fm Page 11 Friday, March 31, 2006 4:27 PM

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functions under this Act and such area or areas shall be known as the “Kawasan Muda”.

Notwithstanding any other written law, it shall be the responsibility of the Authority to exercise the functions provided by this Act in the Kawasan Muda.

Additional functions of the Authority

Without prejudice to the generality 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

States of Kedah and Perlis 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.

The Minister shall cause a copy of every such report to be laid before the Dewan Rakyat.

All officers and servants of the Authority shall be under the general control of the Chairman.

The Chairman shall perform such other or further duties as the Minister may from time to time determine.

Deputy Chairman to be General Manager

The Deputy Chairman shall be responsible to the

Chairman.

Subject to the directions of the Chairman, the Deputy

Chairman shall have administrative control of the officers and servants of the Authority.

The Deputy Chairman shall perform such other or further duties as the Authority or the Minister may from time to time determine or as the Chairman may from time to time direct.

Temporary members of the Authority

No person shall be eligible for employment as an officer or servant of the Authority who has, directly or indirectly, by himself or his partner, any share or interest in any contract or proposed contract with, for or on behalf of the Authority.

Any officer or servant of the Authority who has or acquires any such share or interest shall be liable in the discretion of the Authority to summary dismissal without notice.

Discipline of officers and servants

The disciplinary authority in respect of every officer and servant of the Authority other than the Deputy Chairman shall be the Disciplinary Committee of the Authority established under subsection (1).

The disciplinary authority in respect of the Deputy

Chairman shall be the Disciplinary Committee which shall consist of the Secretary General of the Ministry of Agriculture and Agro-based Industry as chairman and two members to be elected by and from the members of the Authority.

The Deputy Chairman shall not be a member of the

Disciplinary Committee in any proceedings before it in which he is the complainant; his place shall be taken by a member to be elected by and from the members of the Authority.

In the exercise of its disciplinary functions, the

Disciplinary Committee shall have the power to impose such disciplinary punishment as may be provided for under any regulations that may be made under section 32A.

The Disciplinary Committee may, subject to subsection

, delegate any of its disciplinary functions, powers or duties to any committee of officers or servants of the Authority, in respect of any particular officer or servant of the Authority or in respect of any class or category of officers or servants of the Authority, and the committee delegated with such functions, powers or duties shall carry out, exercise or discharge them under the direction and control of the Disciplinary Committee which shall have the power to review, rescind or vary any decision or finding of such committee.

No delegation shall be made under subsection (6) so as to enable an officer or servant of the Authority to be a member of a committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank.

A decision of the Disciplinary Committee established under subsection (1) shall be appealable to the Disciplinary

Appeal Board established under section 15B.

A decision of the Disciplinary Committee established under subsection (3) shall be appealable to the Minister.

The Disciplinary Appeal Board or the Minister, as the case may be, may confirm, reverse or vary the decision of the

Disciplinary Committee.

A decision of the Disciplinary Appeal Board or the

Minister under subsection (10) shall be final and conclusive.

Establishment of Disciplinary Appeal Board

the Chairman of the Authority, who shall be the chairman of the Disciplinary Appeal Board and shall have a casting vote; and

three members of the Authority, not being members of the Disciplinary Committee whose decision is the 070e.fm Page 15 Friday, March 31, 2006 4:27 PM

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subject matter of the appeal, to be appointed by the chairman of the Disciplinary Appeal Board with the approval of the Authority for the purpose of the appeal.

When the Disciplinary Appeal Board considers an appeal made under section 15A, a member of the Disciplinary Committee against whose decision the appeal is made who is also a member of the Authority shall not be present or in any way participate in any proceedings relating to the appeal.

Termination in the public interest

If, after considering the report received under subsection

, the Authority is satisfied that, having regard to the conditions of service, the usefulness of the officer or servant, the work and conduct of the officer or servant and all the other circumstances of the case, it is desirable in the public interest so to do, the

Authority may terminate the service of the officer or servant with effect from such date as the Authority shall specify.

It shall be lawful for the appropriate Disciplinary

Committee to recommend to the Authority that the service of an officer or a servant be terminated in the public interest notwithstanding that disciplinary proceedings have not been carried out under this Act and the Authority may so terminate the service of the officer or servant.

Notwithstanding anything in this Act and any other law to the contrary, in terminating the service of an officer or a servant in the public interest under this section, the officer or servant may not be given any opportunity of being heard and an officer or a servant whose service has been terminated in the public interest under this section shall not be regarded as having been dismissed, regardless of whether the termination of service of the officer or servant involved an element of punishment or was connected with 070e.fm Page 16 Friday, March 31, 2006 4:27 PM

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conduct in relation to his office which the Authority regards as unsatisfactory or blameworthy.

Regulations governing conditions of service of officers and servants

The Fund shall consist of—

In this section the expression “loan funds” means such sums as may be made available from time to time to the

Government of the Federation by way of loan.

Balancing of revenue account

paying all expenses incurred under section 25;

granting loans under section 27;

paying any expenses lawfully incurred by the

Authority, including survey, legal and other fees and costs, and the remuneration of officers and servants appointed and employed by the Authority, including superannuation allowances, pensions or gratuities;

paying any other expenses, cost or expenditure properly incurred or accepted by the Authority in the execution of its duty or in the discharge of its functions under section 4;

purchasing or hiring plant, equipment, machinery, stores and any other materials and acquiring land and erecting buildings and carrying out any other works and undertakings in the execution of its duty or in the discharge of its functions under section 4;

repaying any moneys borrowed under this Act and the interest due thereon; and

generally, paying any expenses for carrying into effect the provisions of this Act.

Expenditure and preparation of Estimates

Before the beginning of September of each year the

Authority shall submit to the Minister an estimate of the expenses

(including those for development projects) for the following year in such form and containing such particulars as the Minister may direct; and the Minister shall before the beginning of that following year notify the Authority of the amount authorized for expenses generally or of the amounts authorized for each description of expenditure.

The Authority may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.

The Minister may direct the Authority to submit a copy of the estimate or supplementary estimate, to the Government of the

States of Kedah and Perlis or to any other person as may be specified in the direction.

Accounts and audit

The accounts of the Authority shall be audited annually by the Auditor General or other auditor appointed by the Authority with the approval of the Minister.

After the end of each financial year, and as soon as the accounts of the Authority have been audited, the Authority shall cause a copy of the statement of accounts to be transmitted to the 070e.fm Page 19 Friday, March 31, 2006 4:27 PM

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Minister or, on being directed so to do by the Minister, to the

Government of the States of Kedah and Perlis or any other person, together with a copy of any observations made by the

Auditor General or other auditor appointed under subsection (2)

on any statement or on the accounts of the Authority.

The Minister shall cause a copy of every such statement and observations to be laid before the Dewan Rakyat.

Surcharge

has failed to collect any moneys owing to the

Authority for the collection of which he is responsible;

is or was responsible for any payment from the Fund of moneys which ought not to have been made or for any payment of moneys which is not duly vouched;

is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the

Authority;

being or having been an accounting officer, fails or has failed to keep proper accounts or records;

has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Authority, the Authority shall serve on him a written notice calling on him to show cause why he should not be surcharged, and if a satisfactory explanation is not, within fourteen days from the date of service of the notice as aforesaid, furnished to the Authority with regard to the failure to collect, payment which ought not to have been made, payment not duly vouched, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Authority may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or 070e.fm Page 20 Friday, March 31, 2006 4:27 PM

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loss or the value of the property destroyed, as the case may be, and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment, the

Authority may surcharge against the said person such sum as the

Authority may think fit.

The Chairman shall cause the Deputy Chairman to be notified of any surcharge made under subsection (1) and the

Deputy Chairman shall thereupon notify the person surcharged.

The Authority may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Chairman shall at once cause the Deputy Chairman to be notified of such withdrawal.

The amount of any surcharge made under subsection (1)

and not withdrawn under subsection (3) shall be a debt due to the

Authority from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the

Authority and may also be recovered by deduction—

Without prejudice to the generality of subsection (1), the

Authority may delegate to the Chairman, Deputy Chairman, any of its other members or any person authority to sanction expenditure from the Fund or any other money under the control of the Authority up to such limit as the Authority shall in such case specify.

Power to borrow

The Authority may, from time to time, with the approval of the Minister of Finance, borrow money by the issue of bonds, debentures or debenture stock, or raise capital by the issue of shares or stock of such class and value and upon such terms as it may deem expedient, for all or any of the following purposes:

The provisions of the Second Schedule shall apply to the corporation established by the Authority under subsection (1).

Compulsory acquisition of land

The expenses and compensation in respect of any immovable property acquired under this section shall be paid by the Authority.

When any immovable property has been acquired under this section, the Authority shall extract the necessary documents of title in respect of such property and shall pay any rent to which such property may be subject.

Any person contravening subsection (1) shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or to both.

Power to make regulations

Without prejudice to subsection (1) regulations under that subsection may be made for—

Such regulations—

The disciplinary regulations made by the Authority under this section may include provisions for the interdiction with reduction in salary or in other remuneration, or provisions for the suspension without salary or other remuneration, of an officer or servant of the Authority during the pendency of disciplinary proceedings.

The disciplinary regulations made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Authority may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank.

The disciplinary regulations made under this section shall, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for the person against whom disciplinary 070e.fm Page 25 Friday, March 31, 2006 4:27 PM

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proceedings are taken to make representations against the disciplinary charge laid against him before a decision is arrived at by the Disciplinary Committee except in the following cases:

The disciplinary regulations made under this section shall provide for the procedure for the hearing of an appeal against the decision of the Disciplinary Committee.

For the purpose of this section, “officer” includes the

Deputy Chairman.

Repeal and revocation

A member of the Authority shall hold office for such term and subject to such conditions as may be specified in the instrument appointing him.

The appointment of any member may at any time be revoked by the appointing authority without assigning any reason therefor.

A member may at any time resign his office by letter addressed to the appointing authority.

A member shall devote such time to the business of the Authority as may be necessary to the dicharge of his duties.

Office deemed vacated 2.

The office of a member of the Authority shall be deemed to have been vacated—

Where any member ceases to be a member by reason of any of the provisions of this Act, a person shall be appointed in his place in accordance with the provisions applying.

Remuneration and allowances 3.

There shall be paid to members of the Authority or any other person such salaries, remuneration or allowances as the Authority may determine after consultation with the Minister.

The Authority shall meet at least once in every month.

The quorum of the Authority shall be four.

At all meetings of the Authority the Chairman, or in his absence, such member as the members present may elect, shall preside.

If on any question to be determined by the Authority there is an equality of votes, the Chairman or the member presiding shall have a casting vote in addition to his deliberative vote.

Subject to subparagraphs (1), (2), (3) and (4), the Authority shall determine its own procedure.

Authority may invite others to meetings 5.

The Authority may request any person (not being a member of the Authority) to attend any meeting or deliberation of the Authority for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the said meeting or deliberation.

Common seal 6.

The Authority shall have a common seal, which shall bear such device as the

Authority shall approve and such seal may from time to time be broken, changed, altered or made anew, as the Authority may think fit.

Until a seal is provided by the Authority a stamp bearing the description

“Muda Agricultural Development Authority” may be used and shall be deemed to be a common seal.

The common seal or the stamp referred to in subparagraph (2) shall be kept in the custody of the Chairman or such other person as may be authorized by the

Authority and shall be authenticated by either the Chairman 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 under seal may in like manner be executed by the Authority and any such document or instrument may be executed on behalf of the Authority by any officer or servant of the Authority generally or specially authorized by the Authority in that behalf.

The seal of the Authority shall be officially and judicially noticed.

Disclosure of interest 7.

A member of the Authority having, directly or indirectly, by himself or his partner, any interest in any company or undertaking with which the Authority 070e.fm Page 28 Friday, March 31, 2006 4:27 PM

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proposes to make any contract or having any interest in any such contract or in any matter under discussion by the Authority shall disclose to the Authority the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the Authority, and unless specifically authorized thereto by the Chairman, such member shall take no part in any deliberation or decision of the Authority relating to the contract.

Minutes 8.

The Authority shall cause minutes of all meetings of the Authority to be maintained and kept in a proper form.

Any minutes made of meetings of the Authority shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every meeting of the Authority 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 act and proceedings 9.

No act done or proceeding taken under this Act shall be questioned on the ground—