Malaysia legislation

Section 3

of RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT AUTHORITY ACT 1972

Section 3

(2)

The Authority shall be a body corporate and shall have perpetual succession and a common seal, and may sue and be sued in its name.

(3)

The objectives of the Authority are—

(a)

to promote the replanting and new planting of rubber plants in the smallholder sector;

(b)

to develop and promote the rubber industry among the smallholder sector;

(c)

to regulate the rubber industry in the smallholder sector except research on rubber; and

(d)

to develop national objectives, policies and priorities for the orderly development and administration of the smallholder sector.

(4)

The provisions of the First Schedule shall apply to the

Authority.

Functions of the Authority 3a.  The functions of the Authority are—

(a)

to implement policies and developmental programmes to ensure the growth and viability of the rubber industry in the smallholder sector;

(b)

to plan, co-ordinate, implement and monitor all the

Schemes prepared and approved under the provisions of Part VI;

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(c)

to plan, co-ordinate, implement and monitor all research innovations in the smallholder sector;

(d)

to promote, control and monitor measures towards attaining high quality rubber;

(e)

to provide technical, advisory, consultancy and related services to the smallholder sector;

(f)

to provide and supply high-yielding planting materials, agriculture input and other materials or input necessary for carrying out the replanting and new planting in the smallholder sector;

(g)

to promote the efficient marketing and handling of rubber in the smallholder sector of the rubber industry;

(h)

to engage in the trading of rubber in the smallholder sector of the rubber industry;

(i)

to plan and implement any developmental upstream or downstream activities in respect of the rubber industry and activities connected therewith for the smallholders;

(j)

to plan and implement training and educational programmes for the benefit of smallholders;

(k)

to gather, manage and disseminate the necessary statistics or information and maintain records of all matters relating to the smallholder sector;

(l)

to liaise and co-ordinate with the relevant State Governments and other bodies including being members of associations within and outside Malaysia in the interest of the smallholder sector of the rubber industry;

(m)

to co-operate and liaise with other national agencies responsible for research, extension of research and knowledge, provision of agricultural credits, processing and marketing of rubber;

(n)

to plan and implement any other activities which may further uplift the social and economic well-being of the smallholders;

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(o)

to ensure that the smallholder sector is modernized to improve the social and economic well-being of the smallholders; and

(p)

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 Authority 3b.  (1)  The Authority may, in order to carry out its functions—

(a)

enter into contracts;

(b)

acquire, purchase, take, hold and enjoy movable or immovable property of every description;

(c)

convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with any movable or immovable property or any interest therein vested in the Authority;

(d)

undertake and co-ordinate activities relating to the replanting and new planting of rubber plants, production, tapping, processing, storage, transportation and marketing of rubber and services related to it in the smallholder sector of the rubber industry;

(e)

carry out replanting and new planting in the smallholder sector with modern high-yielding planting materials in a comprehensive and systematic manner;

(f)

repay cess for the purpose of replanting rubber plants or planting other crops as may be approved by the Authority;

(g)

provide financial or other assistance to the smallholders and their related activities;

(h)

impose fees or any other charges as it deems fit for the use of any facility, or technical, advisory and consultancy services or any other service provided by the Authority;

(i)

collect and receive any moneys related to its trading activities;

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Development Authority 13

(j)

enter into such negotiations and agreements or arrangements as it deems fit for the discharge of its functions;

(k)

award certificates of proficiency in respect of training and accredited programmes;

(l)

undertake and co-ordinate such activities as it deems necessary for the purpose of protecting and furthering the interests of the smallholder sector;

(m)

carry out all activities, particularly activities which are commercial in nature, the carrying on of which appears to it to be requisite, advantageous or convenient for or in connection with the performance of its functions;

(n)

regulate the smallholder sector of the rubber industry, except research on rubber, including the implementation and enforcement of any regulations made under this Act;

and

(o)

take part in such activities as the Minister may determine from time to time relating to the improvement and development of the smallholder sector.

(2)

The Authority may, in discharging any of its functions, in appropriate cases, carry out commercial activities for gain or profit through companies which may, from time to time, be established under the Companies Act 1965 [Act 125] and such companies shall only be established after approval by the Minister with the concurrence of the Minister of Finance.

(3)

The Minister may make regulations prescribing any activity or interest or prescribing terms and conditions of any activity or interest of any member, officer or servant of the Authority in relation to any company established under subsection (2) or to any other company, enterprise or undertaking.

(4)

Any omission or neglect to comply with, and any act done or attempted to be done contrary to, the provisions of such regulations is an offence under this Act and the offender shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

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Membership of the Authority