Section 35

prescribe the forms to be used and the conditions to be complied with in the formation, establishment and registration of a

Farmers’

Organization, in the confederation of two or more Farmers’ Organizations

* NOTE—This section has come into force on 15-03-1974 - see Act A247.

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into a higher level Farmers’ Organization and the registration thereof and the procedure to be applied in respect of such matters;

prescribe the conditions to be complied with by persons applying for admission or admitted as members, and provide for the election and admission of members from time to time, and the payment to be made and interest to be acquired before exercising rights of membership;

require any agro-based co-operative society to join any

Farmers’ Organization and pursuant to such requirements may—

prescribe the maximum number of shares or portion of the capital of a registered Farmers’ Organization which may be held by a member or member-unit;

provide for the withdrawal and expulsion of members or suspension and dissolution of member-units and for the payments, if any, to be made to members or member units who withdraw, are expelled or dissolved and for the liabilities of past members and member-units;

provide for meetings of the members and member-units and for the procedure at such meetings and the powers to be exercised by such meetings;

regulate the admission of such co-operative society into any Farmers’ Organization;

provide for the establishment, composition, appointment, suspension and removal of the Board of Directors and other officers and servants of the Farmers’ Organization and for the procedure at meetings of the Board of

Directors and for the powers to be exercised and the duties to be performed by the Board of Directors and other officers and servants of the Farmers’ Organization;

prescribe the matters in respect of which a Farmers’

Organization may or shall make rules and for the procedure to be followed in making, altering and rescinding rules and the conditions to be satisfied prior to such making, alteration or rescission;

regulate the manner in which funds may be raised by means of shares or debentures or otherwise;

prescribe the conditions to be observed by a Farmers’

Organization applying for financial assistance from the

Farmers’ Organization Authority;

prescribe the payments to be made, the conditions to be complied with, and the forms of the bonds, instruments or other documents to be executed, by members or member-units applying for loans or cash credits, the period for which loans may be made or credits granted, and the maximum amount which may be lent and the maximum credit which may be allowed to individual members or member-units with or without the consent of the Registrar;

provide for the mode in which the value of a deceased member’s or dissolved member-unit’s interest shall be ascertained, and for the nomination of a person to whom such interest may be paid or transferred;

provide for the mode in which the value of the interest of a member who has become of unsound mind and incapable of managing himself or his affairs shall be

Farmers’ Organization 31

ascertained and for the nomination of any person to whom such interest may be paid or transferred;

provide for the formation and the maintenance of reserve funds, and the objects to which such funds may be applied, and for the investment of any funds under the control of any Farmers’ Organization;

prescribe the conditions under which profits may be distributed to the members and member-units of a

Farmers’ Organization and the maximum rate of dividend which may be paid by Farmers’ Organization;

prescribe the auditing and accounting system of a

Farmers’ Organization and for the periodical publication of a balance sheet showing the assets and liabilities of a

Farmers’ Organization;

prescribe the returns to be submitted by a Farmers’

Organization to the Registrar and the persons by whom and the form in which the same are to be made;

provide for the maintenance of a register of members and member-units, and a register of shares;

provide for the inspection of documents and registers at the Registrar’s office and the fees to be paid therefore and for the issue of copies of such documents or registers;

prescribe the manner in which any question as to the breach of any rule or contract relating to the disposal of produce to or through a Farmers’ Organization may be determined, and the manner in which the liquidated damages for any such breach may be ascertained or assessed;

prescribe the mode of appointing an arbitrator and the procedure to be followed in proceedings before the

Registrar or such arbitrator;

32 Laws of Malaysia ACT 109

prescribe the procedure to be followed upon suspension or dissolution of a member-unit or a Farmers’ Organization and provide for the appointment of a liquidator and the procedure to be followed by him;

prescribe the forms to be used, the fees to be paid, the procedure to be observed and all other matters connected with or incidental to the presentation, hearing and disposal of appeals under this Act or regulations.

Repeal