*FISHERMEN'S ASSOCIATIONS ACT 1971

This Act shall come into force on such date as the Minister may by notification in the Gazette appoint, such date not being earlier than that on which the notification is published.

The Minister may by order suspend the operation of this Act in part or parts of Malaysia.

Interpretation

Any two or more Area Fishermen’s Associations registered in accordance with this Act may, with the approval of the Registrar confederate into one State Fishermen’s Association.

Any two or more State Fishermen’s Associations registered in accordance with this Act may, with the approval of the Registrar, confederate into a National Fishermen’s Association.

Prohibition

to manage and operate financial aid scheme to provide credit and capital resources to members;

to promote member education and training including circulation of information on matters of interest to members;

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to organize exhibition, fairs and displays;

to organize fishing operation or aquaculture; the assembling, storage, processing, distribution and disposal of members’ products;

to provide health centres, nurseries, thrift institutions, insurance, mutual aid and other welfare programmes;

to assist in investigations and the collection of statistics of the fishing industry;

to provide buoys and other navigation aids and fishing harbour facilities;

to mediate in disputes involving a member or members arising in the fishing industry;

to organize the participation of members in any programmes for the conservation of fishery resources;

to operate and provide transportation facilities to enhance fish marketing activities and related activities;

to provide marketing, storage, drying, warehousing and other facilities; and

to facilitate capital formation and investment among members through the establishment of companies or equity participation in trading and business ventures.

Notwithstanding the powers conferred by subsection (1), a

Fishermen’s Association shall not establish any company or participate in the equity of any trading or business ventures without the prior written approval of the Registrar, and the Registrar may, in giving such approval, impose any condition he deems fit.

Without prejudice to the powers conferred upon the Registrar in subsection (2), the Registrar may, by order in writing, limit, impose conditions on or regulate the powers of any Fishermen’s

Association to ensure efficiency in, and to avoid duplication of, the functions of such Fishermen’s Association.

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Any person who is dissatisfied with any order of the Registrar under subsection (2) or (3) may appeal to the Minister within thirty days of such order and the Minister may confirm, vary or revoke such order; and the decision of the Minister shall be final and shall not be called in question in any Court.

All appointments under this section shall be published in the

Gazette.

The Director General of the Lembaga Kemajuan Ikan

Malaysia shall be the Registrar.

The Registrar may in writing delegate to any person, including any officer in the public service in the States of Sabah and

Sarawak, any of his powers under this Act except his powers to suspend or dissolve any Fishermen’s Association.

Register

there has been a meeting at which there have been present 50 or more persons described in paragraph 11(1)(a);

at the meeting aforesaid there shall have been presented a written statement showing the objects of the Area

Fishermen’s Association and copy of the constitution or rules for the management of such Association; and

provisions in the constitution or the rules of such

Association include those provisions prescribed in the rules made under this Act.

A certificate of registration signed by the Registrar shall be conclusive evidence that the Association therein mentioned is duly registered under this Act, unless it is proved that the registration of the Association has been cancelled.

An appointment made under subsection (1) shall be for such period or on such conditions as the Minister may determine.

A person appointed under this section shall be under the general directions of the Registrar.

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Duties of Supervising Officers

advise Area Fishermen’s Associations and State

Fishermen’s Associations in the State on the activities of such associations;

co-ordinate any scheme or schemes carried out by Area

Fishermen’s Associations in the State; and

inspect and supervise the activities of Area Fishermen’s

Associations and State Fishermen’s Association in the

State.

A Fishermen’s Associations Supervising Officer appointed in respect of a Region shall have overall supervision of all Area and

State Fishermen’s Associations in that Region.

any person who is engaged in catching, harvesting or the culture of aquatic organisms for a minimum period of one hundred and twenty days in a year;

any person who is a fish processor, handler or dealer;

any person who derives sixty per cent or more of his total income from the fishery industry.

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Any person who conducts research on or is engaged in the development and improvement of the fishing industry, shall be eligible for associate membership.

No person shall be a member of more than one Area

Fishermen’s Association.

No rights of membership shall be exercised by any member until he has made such payments to the Area Fishermen’s

Association in respect of his membership as provided in the constitution or rules of such association.

A person shall cease to be a member of an Area Fishermen’s

Association in any of the following circumstances, that is to say:

When any question arises as to residence of a person for the purpose of determining his eligibility under subsection (1), it shall be decided by the Registrar whose decision shall be final.

(Deleted by Act A1294).

Register to be prima facie evidence

For the purpose of conducting the business operations of each of such associations, there shall be a General Manager and other officers and servants of such association to be appointed in accordance with the constitution or rules of such association.

The responsibilities and duties of the General Manager, the officers and the Board of Directors aforesaid shall be in accordance with the constitution or rules of such association.

The Directors shall hold office, may resign and may be removed from office in accordance with the constitution or rules of such association.

The office of a Director shall be deemed to be vacated in any of the following cases:

subscriptions of members; and

moneys acquired, accrued or derived by virtue of the powers of such association conferred by this Act or any regulations made thereunder or the constitution or rules of such association.

Power to borrow money, etc.

At each annual general meeting, every Fishermen’s

Association shall determine the maximum limit of indebtedness which it may incur, subject to the Registrar’s permission pursuant to subsection (1), at any time in the coming financial year.

Investment of funds

in any bank approved by the Registrar from time to time;

in any of the securities of the Federal Government or of the Government of any State;

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in securities issued in the Federation with the approval of the Treasury by any public authority established under

Federal or State law;

with the approval of the Registrar, in the share capital or securities of any registered body or company;

with the approval of the Registrar, in the purchase of lands or buildings or in the construction of buildings; or

in any other mode approved by the Registrar.

Reserve Fund

At the meeting of each Area Fishermen’s Association aforesaid a special resolution shall be proposed for the confederation and that an application shall be made to the Registrar for the purpose.

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Registration of State Fishermen’s Association

that the special resolution in favour of the proposed confederation has been duly passed by each Area

Fishermen’s Association corresponding in all material particulars with the resolution or resolutions passed by the other Area Fishermen’s Associations;

that the scheme of confederation contained in the resolution aforesaid in the case of each Area Fishermen’s

Association corresponds in all material particulars to the resolution or resolutions of the other Area Fishermen’s

Associations; and

that the provisions of the constitution or rules of the proposed State Fishermen’s Association are not contrary to this Act or rules made thereunder, he shall register or cause to be registered the State Fishermen’s Association according to the rules made under this Act.

Procedure for confederation of State Fishermen’s Associations

shall be a body corporate with perpetual succession and a common seal and shall have the power to enter into contracts to institute and defend actions, suits and legal proceedings and to do all things necessary for the purpose of achieving the objects mentioned in section 5;

and

may acquire by lease, purchase, donation, gift, demise, bequest or otherwise any movable or immovable property for any of the objects of such association and for such purposes may sell or lease or otherwise deal with any such property.

Settlement of disputes

among members, past members and persons claiming through members, past members and deceased members; or

A claim by an Area Fishermen’s Association for any debt or demand due to it from a member, past member or the nominee, heir or legal representative of a deceased member, shall be deemed to be a dispute touching the business of such association.

The Registrar may, on receipt of a reference under subsection (1)—

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An appeal against the decision of the Registrar or the arbitrator or arbitrators under subsection (2) shall lie to the Minister and shall be made within two months from the date of the decision.

A decision of the Minister in an appeal under subsection (3)

shall be final and shall not be called in question in any court.

Any decision of the Registrar or the arbitrator or arbitrators under subsection (2) or, if there be an appeal therefrom, the decision as confirmed or varied by the Minister, shall be enforced in the same manner as if the decision had been a judgment of a Sessions Court.

Fishermen’s Association arising between an Area Fishermen’s

Association and the State Fishermen’s Association or between a State

Fishermen’s Association and the National Fishermen’s Association, shall be referred to the Registrar for decision.

The High Court shall hear and determine the question of law so referred.

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Power to inspect

to inspect the accounts and property of any Fishermen’s

Association; and

to hold an inquiry into the workings of the business and financial conditions of such association.

Power to suspend and dissolve

As soon as the order under subsection (1) has been made the

Registrar shall cause an inquiry to be made in respect of such association in respect of which the order was made or any aspect of the business of such association.

After the inquiry under subsection (2) has been made the

Registrar may revoke the order of suspension or order that such association be dissolved as he thinks expedient.

Subject to any appeal made under section 21, the order for the dissolution of an Area or State Fishermen’s Association shall take effect on the expiry of the period of three months after the date of publication of the order.

An Area or State Fishermen’s Association affected by an order under this section shall be dissolved in accordance with the rules made under this Act.

Appeal

to summon any officer or past officer or agent or servant or member of the Fishermen’s Association who he has reason to believe can give material information in regard to any transaction of the Fishermen’s Association or the management of its affairs;

to require the production, at such place and within such period as may be specified by him, of any book or document relating to the affairs of the Fishermen’s

Association or any cash or security belonging to the

Fishermen’s Association by the officer or past officer or agent or servant or member in possession of such book, document, cash or securities.

Where in the course of the winding-up of a Fishermen’s

Association or consequent upon an audit under section 25 or consequent upon an inquiry or inspection under section 19 it appears that any person who has taken part in the organization or management of the Fishermen’s Association or any officer or past officer or agent or servant or member of the Fishermen’s Association has misapplied or retained or become liable or accountable for any money or property of the Fishermen’s Association or has been guilty of misfeasance or breach of trust in relation to the Fishermen’s

Association, the Registrar, on his own motion or upon the application of a liquidator, creditor or contributory, may examine into the conduct of such person and may make an order requiring him to repay or restore the money or property or any part thereof together with interest at such rate as the Registrar thinks just or requiring him to contribute such sum as the Registrar thinks just to the assets of the

Fishermen’s Association by way of compensation in regard to the misapplication, retention, dishonesty or breach of trust; and such order shall be enforced in the same manner as if the order had been a judgment of a Court.

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Rules

Without prejudice to the generality of subsection (1) rules made under this section may provide for any of the following matters:

Without prejudice to the generality of subsection (1)

regulations made under this section may provide for any of the following matters:

The Minister may, by general or special order, exempt any

Fishermen’s Association from any other provisions of this Act, or may direct that such provisions shall apply to such association with effect from such date or with such modifications as may be specified in the order.

Power to exempt from duty or tax

the duty or tax which under any law for the time being in force may be payable in respect of the profits of such association or of the dividends or other payments received by the members of such association on account of profits;

(Deleted by Act 478).

Prohibition of the use of the word “Fishermen’s Association”

Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable to a fine not exceeding one hundred ringgit, and, in the case of a continuing offence, to a further fine of five ringgit for each day during which the offence continues.

Trade Union laws and Companies Act not to apply

neglects or refuses to do any act or refuses or fails to furnish any information required for the purposes of this

Act or any rules made thereunder;

gives false information or makes any false statement on any matter required under this Act or any rules made thereunder to be given or made;

fails to obey any requisition or lawful written order issued under this Act or any rules made thereunder; and

violates or fails to comply with any other requirements of the Act or any rules made thereunder, shall be guilty of an offence under this Act and shall be liable to a fine not exceeding one thousand ringgit and, in the case of a continuing offence, to a further fine of fifty ringgit for each day during which the offence continues.

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Proof of entries in the books of Fishermen’s Association

No officer of any Fishermen’s Association shall, in any legal proceedings to which the Fishermen’s Association is not a party, be compelled to produce any of the association’s books, the contents of which can be proved under subsection (1), or to appear as a witness to prove any matters, transactions or accounts therein recorded, unless the Court for special reasons so directs.

Amendment

*33. The Farmers’ Association Act 1967 [Act 22 of 1967] is hereby amended—