Malaysia legislation
Section 4
Section 4
(a)
to promote and develop efficient and effective management of fisheries enterprises and marketing of fish;
(b)
to provide and supervise credit facilities for fish production and to ensure that these facilities are put to maximum use;
(c)
to engage in fisheries enterprises and for that purpose to engage in boat-building and in the production of fishing supplies and equipment;
(d)
to promote, stimulate, facilitate, and undertake economic and social developments of Fishermen’s
Associations;
(e)
to register, control and supervise Fishermen’s Associations and to provide for matters related thereto; and
(f)
to control and coordinate the performance of the aforesaid activities.
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(2)
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—
(a)
to regulate the marketing of fish particularly through licensing of wholesalers, retailers, fish processors, importers and exporters;
(b)
to prescribe and regulate the packing, grading, weighing and storing of fish;
(c)
to establish, regulate and, if necessary, manage in respect of any area, a wholesale fish market at which all wholesale fish transactions in that area shall be carried out in accordance with the procedure determined by the
Lembaga;
(d)
to prescribe the method of, regulate the conduct of, admission and procedure to be followed at, the sale conducted at a wholesale fish market, and where an auction sale is held thereat, to prescribe the manner in which such sale may be conducted;
(e)
to regulate the processing of fish;
(f)
to prohibit, regulate or control the movement of fish;
(g)
to require persons engaged in the processing or marketing of fish to register and to give in such manner as the
Lembaga may specify such information as it may deem necessary;
(h)
to appoint agents for the purpose of carrying out its functions;
(i)
to impose fees or any other charges it deems fit for giving effect to any of its powers or functions;
(j)
to receive in consideration of the services rendered by it such commission or payment as may be agreed upon;
(k)
with the approval of the Minister and the concurrence of the Minister of Finance, to enter into equity participation where such participation appears to it to be requisite, advantageous or convenient for or in connection with the discharge of its functions;
Act 49
(l)
to 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 boat-building and fishing operations, the production of fishing supplies and equipment, transport, packing, processing, the sale of fishing supplies, equipment and provisions, grading, storing, the sale by auction and other marketing methods generally of fish, and to manage such activities;
(m)
to 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.
(2a)
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].
(3)
The Lembaga 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)
establish or promote the establishment or expansion of companies under the Companies Act 1965 [Act 125], by such names as the Lembaga may think fit, to carry out and have the charge, conduct and management or any project, scheme or enterprise planned or undertaken by the Lembaga in the discharge of its functions and where the Lembaga 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.
(4)
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—
(a)
subparagraphs 4a(1) and (2) only of the Second Schedule;
and
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(b)
on the corporation being so registered, subparagraphs 4a(3)
and (4) only of the Second Schedule and the Companies
Act 1965, shall accordingly apply to that corporation.
Officers and servants of the Lembaga