Rubber Industry Replanting Fund Ordinance Cap 170 Vol Vii

, 7 (1), (4), 8 (1), (2), 10 (1)

11 (2) (b), 12 (2)

10 (1) (h), 12 (3)

7 (2), (3), 10 (1)( a)

7 (2), (3), 10 (1) (a)

7 (2), 13 (1)

7 (2)

10-09-1957

11-10-1958

29-04-1961

16-09-1963

23-08-1968

01-01-1975

01-01-1975

29-08-1975

04-05-1978 9/2012

Hevea Brasiliensis (para rubber);

Manihot Glaziovii (Ceara rubber);

Castilloa Elastica;

Ficus Elastica (Rambong);

any plant which the Yang di-Pertua Negeri‡ may by notification in the Gazette declare to be a rubber plant for the purposes of this Ordinance.

all moneys collected under section 7;

all moneys raised under section 8;

all interest on investments; and

such other receipts as the Yang di-Pertua Negeri may direct to be part of the

Fund.

Object of the Fund

The object of the Fund shall be to finance in the manner set out in section 10 the

‡ Throughout the Ordinance “Yang di-Pertua Negeri” substituted for “Yang di-Pertua Negara” by virtue of

Enactment No. 17 of 1976.

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cost of replanting or new planting of rubber plants or the planting of other crops in substitution for rubber plants as approved by the Board.

Notwithstanding subsection (1), the Board may utilise the moneys of the Fund, -

For the avoidance of doubt it is hereby declared that for the purposes of this

Ordinance –

pending the division of the Fund under the provisions of subsection (1) of section 11 invest the moneys of the Fund;

notwithstanding anything contained in the Rubber Industry Board Enactment 1981 [No. 25 of 1981] employ wholly or partly for the purposes of this Ordinance any member of the staff of the Board employed under the Rubber Industry

Board Enactment 1981 [No. 25 of 1981] and appoint such other officers and

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employ such other persons as it may think necessary for the administration of the Fund, and every such member, officer and person while so employed shall be deemed to be public servant within the meaning of the Penal Code [F.M.S.

Cap. 45.]; and

do all such things as the Board considers necessary or expedient for furthering the interests of the Fund or carrying out the object thereof.

Power of the Yang di-Pertua Negeri to make orders imposing a cess or cesses on rubber

The Yang di-Pertua Negeri on the recommendation of the Board may, for the purposes of this Ordinance, make orders† providing for the imposition and collection of a cess or cesses on rubber exported from Sabah.

The cess imposed under the provisions of subsection (1) or, if more than one cess is imposed, such several cesses may be expressed either as a percentage or percentages of the price of the rubber on the day it is exported as declared under and for the purposes of the Customs Act, 1967 [Act 235.] or as a fixed amount per kilogramme weight of such rubber:

Provided that any such imposed cess or cesses may not amount together to more than five percentum of such price, subject always to the further provision that when any cess has been imposed, howsoever expressed, the amount to be paid shall not be less than 4.4 sen per kilogramme.

Unless otherwise prescribed in such orders, such cess or cesses shall be collected in the same manner as a duty imposed under the Customs Act, 1967 [Act 235.] and the provisions of that Act shall apply to the collection of such cess or cesses.

Every order made under subsection (1) shall be laid on the table of the

Legislative Assembly at the next meeting after the publication of such order in the Gazette.

All moneys collected under an order made under subsection (1) shall be paid

† See G.N.S. 50/1962.

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into the Fund within sixty days from the end of the month to which such collection relates.

An order made under this section may prescribe different amounts, rates and manner of collection for different types or grades of rubber.

The amount of any cess imposed under this section shall be a debt due to the

Board from the person on whom the cess is imposed and may be sued for and recovered in any court at the suit of the Board.

The institution of proceedings under this section shall not relieve any person from liability for the payment of any cess for which he is or may be liable or from liability to make any return which he is required by this Ordinance to make.

A person who fails or refuses to pay any cess imposed under this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten times the amount of cess due or to imprisonment for a term not exceeding three years or to both.

Power of the yang di-Pertua Negeri to make orders authorising loans

The Yang di-Pertua Negeri on the recommendation of the Board may, for the purposes of this Ordinance, make orders authorising the Board, subject to such conditions as may be specified in any such order to raise loans of such moneys as may be so specified.

Every order made under subsection (1) shall be laid on the table of the

Legislative Assembly at the next meeting after the publication of such order in the Gazette.

All moneys borrowed under an order made under subsection (1) shall be paid into the Fund forthwith upon receipt.

Expenses of the Fund

The Board may make a scheme or schemes* for the utilisation of the moneys in the Fund for the object mentioned in section 5 in accordance with the following provisions: -

For the purposes of this section any land the title to which does not prohibit the planting of rubber shall be deemed to be set apart for the planting of rubber plants.

Any decision of the Board as to whether any person is or is not entitled under this Ordinance or under any scheme made under subsection (1) to be admitted to participate in such scheme or receive any payment thereunder shall be final, but nothing in this subsection shall be deemed to prevent the Board at a later date, on the application of any person affected, from reviewing and, if it considers fit, altering such decision.

Division of the Fund

The Board, after setting aside from the Fund a sum calculated to be sufficient to cover the costs, charges and expenses mentioned in section 9, shall from time to time as the

Board may by resolution decide but so that such division shall take place at least once in every calendar year, divide the moneys in the Fund into two parts to be known as “Account

A” and “Account B” respectively.

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The division mentioned in subsection (1) shall be made –

For the purposes of subsection (2) rubber produced on any land shall be deemed to have been produced by the owner of such land.

The Board shall then make Account A available to the Administrators mentioned in paragraph (b) of subsection (1) of section 10 and Account B available to the Administrators mentioned in paragraph (c) of subsection (1) of section 10 for the purposes of Account A

Schemes and Account B Schemes respectively, including the payment of all costs, charges and expenses arising from the implementation of such schemes.

The Board may from time to time transfer from Account A to Account B any sums credited to Account A under the provisions of subsection (2) in respect of rubber produced by the owners of land removed from participation in Account A Schemes in accordance with the provisions of paragraph (i) of subsection (1) of section 10.

Accounts of the Fund

The Board shall cause full and true accounts of the Fund to be kept which shall include separate accounts in respect of Account A and Account B and shall, as soon as possible after the thirty-first day of December of each year, issue a report of the Fund together with a balance sheet and an account of income and expenditure during the preceding year, calculated from the first day of January or from the date of the establishment of the Fund to the thirty-first day of December, and a list of the investments (if any) of the

Fund showing their cost price and value at such last mentioned date.

The annual balance sheet, account of income and expenditure and list of

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investments (if any) of the Fund shall, prior to the issue thereof, be audited by the Auditor-General or such auditor as the Yang di-Pertua Negeri may appoint.

The annual report of the Board and the Auditor's report shall be transmitted by the Board to the Chief Minister as soon as possible after the thirty-first day of December of each year and shall be laid on the table of the Legislative Assembly by the Chief Minister and published in the Gazette.

Power of the Board and Administrator to require information

The Board or any Administrator or any person acting on behalf of either may require any person to submit any information which, in the opinion of the Board or of an

Administrator, is necessary for the discharge of the duties of the Board or of such

Administrator (as the case may be) under this Ordinance; and any person who wilfully or without reasonable excuse refuses to give such information to the Board or to such

Administrator or person or who knowingly or negligently gives any information which is false in any material particular shall be guilty of an offence and shall be liable to a fine of twenty thousand ringgit.

Where an offence under subsection (1) has been committed by a body corporate, any person who at the time of the commission of such offence was a director, general manager, secretary or similar officer of the body corporate or was purporting to act in such capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

For the purpose of this Part, “enforcement officer” means any officer of the

Board or any public officer appointed by the Board as an enforcement officer under section 25D of the Rubber Industry Board Enactment 1981 [No. 25 of 1981] and shall have the same powers provided for in PART VA of the said Enactment.

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PART VA of the said Enactment shall have effect as if they have been made under this Ordinance.

For the purpose of export, rubber shall be presumed to be taken or caused to be taken out of Sabah if the rubber has been loaded on to a conveyance.

Where any rubber is found in the state it shall be presumed unless the contrary is proved that such rubber has been produced in Sabah.

Prosecution

The Minister may make regulations for all or any of the following purposes :