LEMBAGA KEMAJUAN IKAN MALAYSIA ACT 1971

This Act shall apply throughout Malaysia.

This Act shall come into force on such date as the Minister may by notification in the Gazette appoint, and different dates may be appointed for different States or parts of Malaysia.

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Interpretation

The First Schedule to this Act shall have effect with respect to the Lembaga.

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

The Minister shall when appointing the persons mentioned in paragraph (3)(h) give consideration to the need for the various interests and regions in Malaysia to be represented.

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A temporary Chairman or member may be appointed during the temporary incapacity of the Chairman or member (whether by reason of illness or absence from Malaysia or for any other reason), and such temporary Chairman or member shall be appointed in like manner as the Chairman or member is appointed under this section.

A member of the Lembaga shall, unless he sooner resigns or his appointment is revoked, hold office for such term as may be specified in the instrument appointing him, and shall be eligible for reappointment.

The Minister may give to the Lembaga directions of a general nature, not inconsistent with the provisions of this Act, as to the exercise of the functions and powers of the

Lembaga.

Functions of the Lembaga

to promote and develop efficient and effective management of fisheries enterprises and marketing of fish;

to provide and supervise credit facilities for fish production and to ensure that these facilities are put to maximum use;

to engage in fisheries enterprises and for that purpose to engage in boat-building and in the production of fishing supplies and equipment;

to promote, stimulate, facilitate, and undertake economic and social developments of Fishermen’s

Associations;

to register, control and supervise Fishermen’s Associations and to provide for matters related thereto; and

to control and coordinate the performance of the aforesaid activities.

Lembaga Kemajuan Ikan Malaysia 9

The Lembaga shall have power to do all things reasonably necessary for or incidental to the discharge of its functions under subsection (1) and in particular, but without prejudice to the generality of the foregoing—

Notwithstanding paragraph (2)(a), the licence for importers and exporters of fish 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].

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

In addition to and not in derogation of its powers under subsection (3) the Lembaga may, with the approval of the Minister and the concurrence of the Minister of Finance, apply to register as a company under the Companies Act 1965 a corporation which has been established under paragraph (3)(a) and where the Lembaga so does—

The Lembaga may appoint such officers and servants as it may consider necessary for the efficient conduct of the affairs of the Lembaga.

The officers and servants of the Lembaga shall hold office for such period, receive such salaries and allowances and be subject to such conditions of service as may be determined by the Lembaga with the approval of the Minister.

The Director General shall have the powers of an authorized officer under this Act.

The Fund

into which shall be paid—

such sums as may be provided from time to time by Parliament;

all other sums or properties whether movable or immovable which may in any manner become payable to or vested in the Lembaga;

out of which shall be defrayed—

all expenditure (including capital expenditure)

incurred by the Lembaga in carrying out its functions and powers; and

Subparagraph (1)(a)(v) shall not apply where any corporation which has been established under paragraph 4(3)(a) is registered as a company pursuant to subsection 4(4).

Before the beginning of June of each year the Lembaga shall submit to the Minister an estimate of the expenses (including those for development projects) for the following year in such form and with such particulars as the Minister may require; and the Minister shall before the beginning of November of that year notify the Lembaga of the amount authorized for expenses generally or of the amounts authorized for each description of expenditure.

The Lembaga may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included in the supplementary estimate.

Borrowing

The accounts of the Lembaga shall be audited by the

Auditor General or other auditors appointed by the Lembaga with the approval of the Minister.

After the end of each financial year, and as soon as the accounts of the Lembaga have been audited, the Lembaga shall cause a copy of the statement of accounts in such manner as the

Minister may require to be transmitted to the Minister, together with a copy of any observations made by the Auditor General or other auditors appointed under subsection (2) on any statement or on the accounts of the Lembaga.

The Minister shall cause a copy of every such statement and observations to be laid before each House of Parliament.

Annual Report

an enterprise in which the Lembaga has entered or proposes to enter into equity participation pursuant to paragraph 4(2)(k);

a corporation or company established, promoted, expanded or registered pursuant to subsections 4(3) and 4(4); or

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a company or an undertaking with which the Lembaga or an enterprise, a corporation or company mentioned in paragraph (a) or (b) proposes to make a contract or has made a subsisting contract.

Notwithstanding subsection (1) and subject to subsection

, such person may be appointed as a member of the Lembaga under paragraph 3(3)(h) but in so appointing him the Minister may impose any conditions or restrictions the Minister may deem fit.

Prior to his being appointed as a member or being employed as an officer or a servant of the Lembaga, every person shall disclose fully—

Subject to subsection 10b(1), a member who is appointed or an officer or a servant who is employed contrary to subsection (1), or who on being appointed or employed further acquires any such interest, shall have his appointment revoked forthwith by the Minister or his employment terminated by the

Lembaga without notice, as the case may be.

Any person, member, officer or servant who contravenes this section, section 10b or a condition or restriction imposed under this section or section 10b commits an offence and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding twenty-five thousand ringgit or to both.

For the purposes of this section and section 10b, the having or acquiring of any such interest as is mentioned in subsection (1) by his spouse or any of his children shall be deemed to give the person, member, officer or servant concerned an indirect interest.

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Disclosure of existing interest 10b. (1) Every member, officer or servant having any interest as is mentioned in subsection 10a(1) shall, within six months of the coming into force of this section, disclose fully to the Lembaga the fact of the interest and the nature hereof and such disclosure shall be recorded in the minutes of the Lembaga and the member shall at no time take part in any proceedings of the Lembaga relating to the undertaking, enterprise, company, corporation or contract in which he has the interest and the officer or servant shall cease to exercise all powers and duties in relation thereto, but the member, officer or servant may otherwise continue to be—

Where the member having such interest is the Chairman, he shall vacate the chair and another member shall be elected to preside during the proceedings relating to the undertaking, enterprise, company, corporation or contract in which he has the interest.

Any member, officer or servant who contravenes this section commits an offence and shall be liable on conviction to the punishment provided in subsection 10a(5).

Surcharge 10c. (1) If it appears to the Lembaga that any person who is or was in the employment of the Lembaga—

The Chairman shall cause the Director General to be notified of any surcharge made under subsection (1) and the Director

General shall thereupon notify the person surcharged.

The Lembaga may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Chairman shall at once cause the Director General to be notified of such withdrawal.

The amount of any surcharge made under subsection (1)

and not withdrawn under subsection (3) shall be a debt due to the

Lembaga from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the Lembaga and may also be recovered by deduction—

In exercising any of the powers under this Part the 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.

Enforcement at entry points, quarantine stations and quarantine premises 11a. (1) Notwithstanding section 11, the enforcement in relation to fish at the entry points, quarantine stations and quarantine premises shall be carried out by an enforcement officer appointed under the Malaysian Quarantine and Inspection Services Act 2011

in accordance with the powers under that Act.

For the purposes of subsection (1), “entry point”, “quarantine station” and “quarantine premises” have the same meanings as assigned to these expressions in the Malaysian Quarantine and

Inspection Services Act 2011.

Power to enter premises

arrest without warrant any person whom he has reason to believe to have committed an offence under this

Act or under any rule made thereunder, if such person refuses to furnish his name and address or furnishes an address outside Malaysia or there are reasonable grounds for believing that he had furnished a false name or address or that he is likely to abscond:

Provided that when any person has been arrested as aforesaid he shall be thereafter dealt with as provided by the law relating to criminal procedure for the time being in force; and

seize anything which he considers it necessary to seize in relation to the evidence necessary to establish the commission of any such offence.

Any authorized officer and any police officer not below the rank of Inspector may in relation to any investigation in respect of any offence under this Act or any rule made thereunder without order of the Public Prosecutor exercise the special powers in relation to police investigations given by the law relating to criminal procedure in any seizable offence.

Any prosecution in respect of an offence under this Act or under any rule made thereunder may be conducted by an authorized officer.

Power to stop and search

The person in control or in charge of any conveyance examined under the provisions of this section shall on request by the authorized officer or police officer open all parts of the conveyance for examination by such officer and take all measures necessary to enable such examination as such officer considers necessary to be made.

Power to take possession

Where under this section possession has been taken of any fish, the Director General—

Where under this section possession has been taken of any vehicle, vessel or other article, the Director General—

Any body corporate which commits an offence under, or fails to comply with, any of the provisions of this Act or of any rule made thereunder shall be liable on conviction to a fine not exceeding twenty-five thousand ringgit and, for a second or subsequent offence, to a fine not exceeding fifty thousand ringgit.

Where a person charged with an offence under any of the provisions of this Act or of any rule made thereunder is a body corporate every person who, at the time of the commission of such offence is a director or officer of such body corporate may be charged jointly in the same proceedings with such body corporate, and where the body corporate is convicted of the offence charged, every such director or officer shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission.

Any person who would have been liable under any of the provisions of this Act or of any rule made thereunder to any penalty for anything done or omitted if such thing had been done or omitted by him personally, shall be liable to the same penalty if such thing has been done or omitted by his partner, agent or servant, unless he proves that he took reasonable precautions to prevent the doing or omission of such thing.

Burden of proof

In any prosecution in respect of an offence under this Act or under any rule made thereunder, the production by the person conducting the prosecution of an original invoice or a duplicate invoice proved to have been found in the possession of the seller, shall, where the person conducting the prosecution so requests, be admitted as prima facie evidence of a sale by the seller and of

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all the facts stated in such original invoice or duplicate invoice and notwithstanding the provisions of any law to the contrary for the time being in force, the burden of proving that such sale did not take place or that any fact stated in the original invoice or duplicate invoice is not what it is stated to be, shall lie upon the accused.

Power of Court to confiscate

in whole or in part of the proceeds of sale of any fish sold under section 15, in respect of which the offence has been committed and which has been seized by, or has otherwise come into the possession of the Director

General or any authorized officer or police officer;

of any vehicle, vessel or other article the property of the accused by means of which such offence has been committed or which was intended to be used for the commission of an offence under this Act or under any rule made thereunder.

Jurisdiction

regulate the control and management of any assistance

(whether financial or otherwise) which may be afforded to fishing enterprises;

prescribe such fees or charges as may be necessary for the purposes of this Act;

with the approval of the Minister of Finance provide for the establishment and management of a contributory provident fund for officers and servants of the Lembaga, or for the payment of pensions, allowances or gratuities to the said officers and servants on retirement or otherwise ceasing to hold office as such officers and servants;

prescribe anything required by this Act to be prescribed;

and

prescribe that any act or omission in contravention of the provisions of any such rules shall be an offence.

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Power to make disciplinary regulations 23a. (1) The Lembaga may, with the approval of the Minister, make such disciplinary regulations as it deems necessary or expedient to provide for the discipline of the officers and servants of the Lembaga.

The disciplinary regulations made by the Lembaga under this section may include provisions for the interdiction with reduction in salary or in other remuneration, or provisions for the suspension without salary or other remuneration, of an officer or servant of the Lembaga during the pendency of disciplinary proceedings.

The disciplinary regulations made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Lembaga may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank.

The disciplinary regulations made under this section shall, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for the person against whom disciplinary proceedings are taken to make representations against the disciplinary charge laid against him before a decision is arrived at by the Disciplinary

Committee except in the following cases:

The disciplinary regulations made under this section shall provide for procedure for the hearing of an appeal against the decision of the Disciplinary Committee.

For the purpose of this section, “officer” includes the

Director General.

Termination in the public interest 23b. (1) Where the Lembaga finds or where representations are made to the Lembaga that it is desirable that the service of an officer or a servant be terminated in the public interest, the

Lembaga may call for a full report from the superior officer of the officer or servant against whom the representations are made which shall contain particulars relating to the work and conduct of the officer or servant.

If, after considering the report received under subsection (1), the Lembaga is satisfied that having regard to the conditions of service, the usefulness of the officer or servant, the work and conduct of the officer or servant and all other circumstances of the case, it is desirable in the public interest so to do, the Lembaga may terminate the service of the officer or servant with effect from such date as the Lembaga shall specify.

It shall be lawful for the appropriate Disciplinary Committee to recommend to the Lembaga that the service of an officer or a servant be terminated in the public interest notwithstanding that disciplinary proceedings have not been carried out under this Act and the Lembaga may so terminate the service of the officer or servant.

Notwithstanding anything in this Act and any other law to the contrary, in terminating the service of an officer or servant in the public interest under this section, the officer or a servant may not be given any opportunity of being heard and an officer or a servant whose service has been terminated in the public interest under this section shall not be regarded as having been dismissed, regardless of whether the termination of service of the officer or servant involved an element of punishment or was connected with conduct in relation to his office which the Lembaga regards as unsatisfactory or blameworthy.

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Secrecy and penalty

Any person knowingly contravening the provisions of subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year.

Public servants

Where any person is exempted from liability by reason only of the provisions of this section, the Lembaga is liable to the extent that it would be if such person were a servant or agent of the Lembaga.

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First Schedule

[Section 3]

There shall be paid to members of the Lembaga or to such of those members as the Minister may determine, after consultation with the Minister of Finance, such salaries, remuneration or allowances as the Lembaga may determine.

Any committee appointed under subparagraph (1) may appoint one or more subcommittees; any subcommittee so appointed shall include not less than one member of the committee appointing it, and there may be appointed to such subcommittee such other persons as the committee appointing it may think fit.

Any committee or subcommittee so appointed shall conform to any instructions from time to time given to it by the Lembaga, and the Lembaga may at any time discontinue or alter the constitution of any committee or subcommittee so appointed.

There may be paid to members of any committee or subcommittee such remuneration or allowances as the Lembaga may from time to time determine with the approval of the Minister.

The Lembaga, a committee or a subcommittee may, respectively, invite any person who, in its opinion, is possessed of special knowledge of advantage to it, to attend any meeting of the Lembaga, committee or subcommittee and the person so invited shall not be entitled to vote at any such meeting.

Any minutes of any meeting of any committee or subcommittee shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every such meeting shall be deemed to have been duly convened and held and all members of the committee or subcommittee present at such meeting shall be deemed to have been duly qualified to act.

The disciplinary authority in respect of every officer and servant of the

Lembaga other than the Director General shall be the Disciplinary Committee of the Lembaga established under subparagraph (1).

The disciplinary authority in respect of the Director General shall be the Disciplinary Committee which shall consist of the Secretary General of the Ministry of Agriculture and Agro-Based Industry as chairman and two members to be elected by and from the members of the Lembaga.

The Director General shall not be a member of the Disciplinary

Committee in any proceedings before it in which he is the complainant; his place shall be taken by a member to be elected by and from the members of the Lembaga.

In the exercise of its disciplinary functions, the Disciplinary Committee shall have the power to impose such disciplinary punishment as may be provided for under any regulations that may be made under section 23a.

The Disciplinary Committee may, subject to subparagraph (7), delegate any of its disciplinary functions, powers or duties to any committee of officers or servants of the Lembaga, in respect of any particular officer or servant of the Lembaga or in respect of any class or category of officers or servants of the Lembaga, and the committee delegated with such functions, powers or duties shall carry out, exercise or discharge them under the direction and control of the Disciplinary Committee which shall have the power to review, rescind or vary any decision or finding of such committee.

No delegation shall be made under subparagraph (6) so as to enable an officer or servant of the Lembaga to be a member of a committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank.

A decision of the Disciplinary Committee established under subparagraph (1) shall be appealable to the Disciplinary Appeal Board established under paragraph 3a.

A decision of the Disciplinary Committee established under subparagraph (3) shall be appealable to the Minister.

The Disciplinary Appeal Board or the Minister, as the case may be, may confirm, reverse or vary the decision of the Disciplinary Committee.

A decision of the Disciplinary Appeal Board or the Minister under subparagraph (10) shall be final and conclusive.

the Chairman, who shall be the chairman of the Disciplinary Appeal

Board and shall have a casting vote; and

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three members of the Lembaga, not being members of the

Disciplinary Committee whose decision is the subject matter of the appeal, to be appointed by the chairman of the Disciplinary Appeal

Board with the approval of the Lembaga for the purpose of the appeal.

When the Disciplinary Appeal Board considers an appeal made under paragraph 3, a member of the Disciplinary Committee against whose decision the appeal is made who is also a member of the Lembaga shall not present or in any way participate in any proceedings relating to the appeal.

At all meetings of the Lembaga the Chairman, or in his absence, the temporary Chairman, or in the absence of both the Chairman and the temporary Chairman, such member as the members present may elect, shall preside.

If on any question to be determined by the Lembaga there is an equality of votes, the Chairman or the temporary Chairman shall have a casting vote.

Subject to subparagraphs (1), (2) and (3), the Lembaga shall determine its own procedure.

The common seal of the Lembaga shall be authenticated by either the

Chairman or such other person as may be authorized by the Lembaga or by any officer authorized by either of them in writing; and all deeds, documents and other instruments purporting to be sealed with the said seal, authenticated as aforesaid shall, until the contrary is proved, be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required under seal may, in like manner, be executed on behalf of the Lembaga by any officer or servant of the Lembaga generally or specially authorized by the Lembaga in that behalf.

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Second Schedule

[Section 4]

the purposes and objects for which such corporation is established;

the rights, powers, duties and functions of such corporation;

the system of management thereof; and

the relations between such corporation and the Lembaga and its rights of control over such corporation.

Upon the dissolution of any corporation under this paragraph assets of the corporation after payment of all liabilities shall be transferred to and vested in the Lembaga.

The winding-up of a corporation under this paragraph shall be conducted in such manner as the Lembaga may prescribe.

In so applying to register a corporation as a company, the Lembaga shall comply with the Companies Act 1965, and the provisions of this Act shall not be construed to derogate from the powers of the Registrar of Companies under that Act.

Upon its registration as a company under the Companies Act 1965, the corporation shall be deemed to be dissolved, and—

If any difficulty or anomaly arises in connection with the transitional provisions contained in this paragraph the Minister may, after consultation with the Minister charged with responsibility for companies, by order make such modifications as appear to him to be necessary for removing, resolving or preventing such difficulty or anomaly but he shall not exercise the powers conferred by this subparagraph after the expiration of two years of a corporation being registered as a company pursuant to subsection 4(4).

Until a seal is provided by the corporation under this paragraph a stamp bearing the name of the corporation may be used as a seal.

The common seal, or the stamp referred to in subparagraph (2) shall be in the custody of such person as the corporation shall direct and shall be authenticated by such person; and all deeds, documents and other instruments purporting to be sealed with the seal, authenticated as aforesaid, shall until the contrary is proved, be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation; or any such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf.

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LIST OF AMENDMENTS

Amending law

Short Title

In force from

Lembaga Kemajuan Ikan

Malaysia (Amendment) Act 1973 01-07-1973

Fishermen’s Associations and the Lembaga Kemajuan Ikan

Malaysia (Amendment) Act 1974 16-08-1974

Lembaga Kemajuan Ikan

Malaysia (Amendment) Act 1977

s. 2, 3, 4 and 6:

Peninsular

Malaysia—

01-11-1971;

Sarawak—

01-07-1973;

s.5:

Peninsular

Malaysia

& Sarawak—

18-03-1977

Lembaga Kemajuan Ikan

Malaysia (Amendment) Act 1990 01-08-1990

Act A1051

Lembaga Kemajuan Ikan

Malaysia (Amendment) Act 1999 01-09-1999

Act A1416

Lembaga Kemajuan Ikan

Malaysia (Amendment) Act 2012 01-07-2012

Lembaga Kemajuan Ikan Malaysia 33

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LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

Act A376 01-07-1973 16-08-1974

Peninsular

Malaysia—

01-11-1971

Sarawak—

01-07-1973 3

Peninsular

Malaysia—

01-11-1971

Sarawak—

01-07-1973 4

Act A376 01-07-1973 16-08-1974

Peninsular

Malaysia—

01-11-1971

Sarawak—

01-07-1973 5

Act A1416

Act A376 01-07-2012 01-07-1973

Peninsular

Malaysia—

01-11-1971

Sarawak—

01-07-1973 6

Peninsular

Malaysia—

01-11-1971

Sarawak—

01-07-1973

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Section

Amending authority

In force from 10a

Peninsular

Malaysia and

Sarawak—

18-03-1977 10b

Peninsular

Malaysia and

Sarawak—

18-03-1977 10c

Act A764 01-08-1990 11

Act A201 01-07-1973 11A

Act A1416 01-07-2012 12

Act A201 01-07-1973 13

Act A201 01-07-1973 14

Act A201 01-07-1973 15

Peninsular

Malaysia—

01-11-1971

Sarawak—

01-07-1973 16

Peninsular

Malaysia—

01-11-1971

Sarawak—

01-07-1973 17

Act A201 01-07-1973 18

Act A201 01-07-1973 19

Peninsular

Malaysia—

01-11-1971

Sarawak—

01-07-1973

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Section

Amending authority

In force from 20

Act A201 01-07-1973 21

Peninsular

Malaysia—

01-11-1971

Sarawak—

01-07-1973 22

Act A201 01-07-1973 23

Act A201 01-07-1973 23a

Act A1051 01-08-1990 01-09-1999 23b

Act A1051 01-09-1999 24

Act A201 01-07-1973 25

Act A201 01-07-1973 26

Act A201 01-07-1973

First