Section 3 — FEDERAL AGRICULTURAL MARKETING AUTHORITY ACT 1965

(a)

to co-ordinate the activities in respect of the marketing of agricultural produce, of the various persons or bodies of persons (whether incorporate or unincorporate and whether in the public services or otherwise) which are or might be concerned with any aspect of the marketing of agricultural produce;

(b)

to consider, and to promote where necessary and desirable, ways and means by which existing markets and methods of marketing of agricultural produce might be improved, and to seek and promote new markets and outlets for agricultural produce;

(c)

to collaborate with persons or bodies of persons (whether incorporate or unincorporate and whether in the public services or otherwise) to promote efficient and effective marketing of agricultural produce;

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(d)

to promote and develop efficient and effective management of agricultural enterprises dealing in or processing agricultural produce;

(e)

to provide and supervise credit facilities for agricultural marketing and to ensure that these facilities are put to maximum use;

(f)

to engage in agricultural enterprises dealing in or processing agricultural produce; and

(g)

to deal with any other matter relating to the marketing of agricultural produce.

(2)

The Authority shall have power to do all things reasonably necessary for or incidental to the discharge of its functions, and in particular, but without prejudice to the generality of the foregoing it shall have power to—

(a)

regulate the marketing of any agricultural produce, including by the licensing of wholesalers, retailers, processors, importers and exporters;

(b)

prohibit, regulate or control the movement of any agricultural produce;

(c)

prescribe the grading, packaging, labelling and sealing of any agricultural produce and to issue certificates in respect thereof;

(d)

construct, establish, equip, maintain, let, lease, control, manage or operate markets or market premises for purposes of facilitating and regulating the purchase and sale of any agricultural produce;

(e)

deal in agricultural industry equipments;

(f)

require persons engaged in the marketing of any agricultural produce to register and to give in such manner as the

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Authority may specify such information with respect to such produce as the Authority may deem necessary;

(g)

cause to be carried out research and investigations relating to the marketing of any agricultural produce in particular with respect to its costs of production;

(h)

appoint agents for the purpose of carrying out its functions;

(i)

impose fees or any other charges it deems fit for giving effect to any of its powers or functions;

(j)

provide technical, advisory or consultancy services, or any other services to any person, corporation or party, and to receive in consideration of the services rendered by it such commission or payment as may be agreed upon;

(k)

carry out all the activities which appear to it to be requisite, advantageous or convenient for or in connection with the discharge of its functions, including transporting, packing, processing, grading, collecting, storing, assembling, importing, exporting, the sale by auction and other marketing methods generally of any agricultural produce, and to manage such activities;

(l)

with the approval of the Minister and the concurrence of the

Minister of Finance, enter into equity participation in any enterprise where such participation appears to it to be requisite, advantageous or convenient for or in connection with the discharge of its functions;

(m)

exercise all functions and powers and perform all duties which under or by virtue of any other written law may be vested or delegated to it;

(n)

acquire, purchase, establish, construct, equip, maintain, let, lease, control, manage or operate a warehouse for the storage and inspection of any agricultural produce in any public quay, wharf or street, adjacent to any airport or sea port or any waterway connected to that sea port; and

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(o)

prescribe the manner in which credit facilities are provided, including administrative fees payable, the period of credit, the method of repayment and the type of securities to be provided.

(2A)

Notwithstanding paragraph (2)(a), the licence for importers and exporters of agricultural produce shall be issued by the Director

General of Quarantine and Inspection and in accordance with the

Malaysian Quarantine and Inspection Services Act 2011 [Act 728].

(2B)

Notwithstanding paragraph (2)(c), the issuance of certificates for the purpose of importation shall be issued by the Director General of Quarantine and Inspection and in accordance with the Malaysian

Quarantine and Inspection Services Act 2011.

(3)

The Authority may, with the approval of the Minister and the concurrence of the Minister of Finance, from time to time—

(a)

establish corporations under this subsection; and

(b)

incorporate or promote the incorporation or expansion of companies under the *Companies Act 1965 [Act 125], by such names as the Authority may think fit, to carry out and have the charge, conduct and management of any project, scheme or enterprise planned or undertaken by the Authority in the discharge of its functions and where the Authority so does, the provisions of—

(i)

the Second Schedule except paragraph 4A; and

(ii)

the *Companies Act 1965, shall apply respectively to such corporations and companies.

(3A)

In addition to and not in derogation of its powers under subsection (3) the Authority may, with the approval of the Minister and the concurrence of the Minister of Finance, apply to register

*NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016

[Act 777] which comes into operation on 31 January 2017 –see subsection 620(1) of Act 777.

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as a company under the *Companies Act 1965 a corporation which has been established under subparagraph (3)(a) and where the

Authority so does—

(a)

the provisions of subparagraphs (1) and (2) only of paragraph 4A of the Second Schedule; and

(b)

on the corporation being so registered, the provisions of subparagraphs (3) and (4) only of paragraph 4A of the Second

Schedule and the *Companies Act 1965, shall accordingly apply to that corporation.

(4)

The Minister may give to the Authority directions of a general nature, not inconsistent with this Act, as to the exercise of the functions of the Authority.

Appeal from the decision of the Authority