INDUSTRIAL CO-ORDINATION ACT 1975

This Act shall come into force on such date as the Minister may by notification in the Gazette appoint.

Interpretation

Any person who fails to comply with subsection (1) is guilty of an offence and is liable on conviction to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding six months and to a further fine not exceeding one thousand ringgit for every day during which such default continues.

Licensing officer to be appointed by Prime Minister

One application may be made for one or more products manufactured in one or more places of manufacturing activity but a separate licence shall be issued for each place of manufacturing activity.

The licensing officer shall, in deciding whether an application for a licence should be approved or refused, consider whether the issue of a licence is consistent with national economic and social objectives and would promote the orderly development of manufacturing activities in Malaysia.

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The licensing officer in issuing a licence, may, in furtherance of the aforesaid objectives impose such conditions as he may think fit and such conditions may be varied on the application of the manufacturer or on the licensing officer’s own motion after consultation with the manufacturer in respect of whom the conditions in the licence are to be varied.

Every licence issued shall be in the prescribed form and shall be subject to such fee as may be prescribed.

Existing manufacturers

has not complied with any condition imposed in the licence;

is no longer engaged in the manufacturing activity in respect of which the licence is issued; or

has made a false statement in his application for the licence.

Before exercising his power to revoke a licence the licensing officer may call upon the manufacturer to show within such period as may be prescribed due cause why his licence should not be revoked.

The licensing officer may withhold or suspend the revocation of a licence if he is satisfied that the act or omission on the part of the manufacturer under subsection (1) was due to some cause beyond his control and there is a reasonable prospect of such act or omission being remedied within such period as the licensing officer may direct.

Transfer of licence

Without prejudice to subsection (1) the licensing officer may in the event of the death, incapacity, bankruptcy, or, in the case of a company, liquidation of the holder of a licence, or where a receiver or manager is appointed in relation to the business of the holder of a licence, or where for any reason the licensing officer is satisfied it would be unjust not to do so authorize the transfer of the licence.

An application for the transfer of a licence shall be made in writing to the licensing officer.

Variation

A manufacturer may suspend or discontinue the manufacture of a product that is specified in a licence after notifying the licensing officer in writing of his intention to do so.

An application for an approval under subsection (1) shall be made in writing to the licensing officer.

Compliance with other laws

In exercising any of the powers under this section the authorized officer shall on demand produce to the person against whom he is acting under this Act or any rule made thereunder the authority issued to him by the Minister.

Wherever it appears to any Magistrate upon written information on oath and after any enquiry which he may think necessary that there is reasonable cause to believe that in any building or place

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there is manufactured, concealed, deposited or kept any product, manufacturing equipment or other thing in respect of which an offence against this Act or any rule made thereunder has been committed, he may issue a warrant authorizing any authorized officer named therein by day or night and with or without assistance to enter such building or place and there search for and seize any product, manufacturing equipment or other thing in respect of which any such offence is suspected to have been committed and may also seize any book or document which may reasonably be believed to contain information as to any offence so suspected of having been committed.

Wherever it appears to any authorized officer that there is a reasonable cause to believe that in any building or place there is manufactured, concealed, deposited or kept any product, manufacturing equipment or other thing in respect of which an offence against this Act or any rule made thereunder has been committed and if he has reasonable grounds for believing that by reason of the delay in obtaining a search warrant, such product, manufacturing equipment or other thing is likely to be removed, such officer may exercise in or upon or in respect of such building or place all the powers mentioned in subsection (3) as if he were authorized to do so by a warrant issued under that subsection.

Every authorized officer who is exercising his power under subsection (4) shall, before exercising such power, obtain the written approval of the Minister.

Any person who obstructs or impedes any authorized officer in the lawful exercise of any of his powers under this Act or under any rule made thereunder is guilty of an offence and is liable to a fine of five hundred ringgit or to imprisonment for a term not exceeding six months or to both.

Returns or other information to be furnished on being required so to do by notice in writing

Any manufacturer who—

The Council shall consist of the following members to be appointed by the Minister by name:

The Minister may revoke the appointment of a member of the Council who is appointed under this section or an alternate member thereof who is appointed under subsection 11B(1) without assigning any reason therefor and where he so does the revocation shall be final and shall not be questioned in any court.

Appointment of alternate member of Council

When attending a meeting of the Council or in the absence of the member in respect of whom he is appointed to be an alternate, an alternate member shall for all purposes be deemed to be a member of the Council.

An alternate member shall, unless he sooner resigns his office or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate is deemed to have vacated his office or otherwise ceases to be a member of the Council pursuant to the provisions of this Act but this shall be without prejudice to such alternate member being appointed as a member or reappointed as an alternate member.

Schedule to apply to Council and members

provide for the procedure for application and issue of replacement and duplicate licences in case of loss, damage or destruction;

prescribe the procedure for appeals under this Act and the fees payable therefor; and

prescribe anything required by this Act to be prescribed.

Person aggrieved may appeal to Minister whose decision shall be final

being an applicant for the issue of a licence is aggrieved by a refusal to issue such licence;

being the holder of a licence is aggrieved by—

the imposition of any condition in his licence;

is aggrieved by a refusal to approve the transfer of a licence, may, within forty-five days from the date on which the decision of the licensing officer was communicated to him, appeal to the

Minister in the prescribed manner.

The Minister may after hearing the appeal make such order as he deems fit and that order shall be final and shall not be questioned in any court.

Continuation of licence pending appeal

Notwithstanding subsection (1), the licensing officer may in the meantime exercise any of the powers conferred upon him by this Act in relation to the licence on any ground not covered by the appeal.

Revocation to be published

In the event that the Minister makes an order for a revocation of a licence the Minister shall by notification in the Gazette publish such revocation.

Failure to comply with or give effect to order made under section 13 to be an offence 15A.

Any person who fails to comply with or give effect to an order made under subsection 13(2) commits an offence and is liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both and where the person continues to commit the offence after the first commission thereof, he is also liable to a further fine not exceeding two hundred ringgit for every day during which he so continues to commit the offence.

Saving of existing licence

Where the licensing officer intends to compound an offence, he shall give notice in writing of his intention so to do to such person and the notice shall also specify—

If such person agrees to have the offence compounded, he shall admit the commission of the offence and shall pay the specified sum of money by the specified date whereupon the licensing officer shall make an order that the offence is compounded and the order shall, mutatis mutandis, also contain the particulars specified in paragraphs (2)(a), (b) and (c).

An order made under this section compounding an offence shall be final and shall not be subject to any appeal.

Person in respect of whom offence compounded not to be liable to prosecution in respect of that offence

An order made under subsection 17(3) shall, on its production before any court, be treated as proof of the commission of the offence that is compounded and of the other matters set out therein.

Liability of certain persons for offences committed by company, partnership or body of persons

Nothing in this section shall be construed as exempting a company, partnership or body of persons from any liability for an offence under this Act or any rule made thereunder or under any other written law.

For the purposes of this section the expressions “company”

and “partnership” shall respectively have the meanings assigned to those expressions in the written laws relating to companies and to partnerships.

Service of returns or other information, notice, certificate, decision and order

Such returns or other information or notice, certificate, decision or order which is sent by registered post shall be deemed to have been served on the person (including a partnership) to whom it is addressed on the day succeeding the day on which the returns or other information or notice, certificate, decision or order would have been received in the ordinary course of post if it is addressed—