427 - *PINEAPPLE INDUSTRY ACT 1957

LAWS OF MALAYSIA _____________ ONLINE VERSION OF UPDATED TEXT OF REPRINT _____________ Act 427 PINEAPPLE INDUSTRY ACT 1957 As at 1 February 2013 2 PINEAPPLES INDUSTRY ACT 1957 First enacted ... ... ... ... … ... 1957 (Ord. No. 13 of 1957) Revised ... ... … ... ... ... ... 1990 (Act 427 w.e.f. 31 March 1990) PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2001 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 427 PINEAPPLE INDUSTRY ACT 1957 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Establishment of Board 4. Chairman 5. Procedure of Board 6. Liability of members 7. Establishment of the Fund and other functions of the Board 8. Imposition and collection of cess 8A. Power to borrow 8B. Power to invest 9. Power of the Board to require information 10. Appointment of officers and servants 10A. Duties of the chief executive officer 10B. Regulations governing the conduct and discipline of officers and servants 11. Registration 12. Refusal to register 13. Assignment and transfer of certificates 14. Offences 15. Powers of search 16. Making of cans 17. Offences and liability for acts of agents or servants 4 Laws of Malaysia ACT 427 Section 18. Jurisdiction 19. Recognition of association 20. Formation of an inspectorate 21. Powers of inspectors 22. Appointment of committees 22A. Public servants 23. Cancellation 24. Tribunal of Appeal 25. Powers to make regulations 26. Repeal 5 LAWS OF MALAYSIA Act 427 PINEAPPLE INDUSTRY ACT 1957 An Act relating to the regulation and improvement of the pineapple industry and other matters incidental thereto. [26 December 1957, L.N. (NS) 117/1957] Short title 1. (1) This Act may be cited as the Pineapple Industry Act 1957. (2) (Omitted). Interpretation 2. (1) In this Act, unless the context otherwise requires— “Board” means the Malaysian Pineapple Industry Board established under section 3; “can” includes any hermetically sealed bottle or container made of glass, metal, plastic, paper or any other material; “canned pineapple” means pineapple whole, cut, crushed, or in pulp or juice form (whether or not mixed with other fruit), which has been preheated, cooked, preserved, dehydrated, quick frozen or otherwise processed either before or after being placed in a can; “canner” means a person who prepares pineapple or labels canned pineapple; 6 Laws of Malaysia ACT 427 “cannery” means any structure or building used wholly or in part to prepare pineapple or to label canned pineapple; “can-supplier” means a manufacturer or importer of cans used or intended to be used for the canning of pineapple; “chief executive officer” means the chief executive officer of the Board appointed under subsection 10(1) and includes any person appointed to act as chief executive officer under section 10; “exporter” means any person who exports canned pineapple from Malaysia; “Fund” means the Pineapple Industry Fund established under section 7; “grower” means any person owning or using land for planting pineapple intended primarily for sale to canneries who is not at the same time the owner of any cannery in the *States of Peninsular Malaysia and includes his duly authorized agent; “inspector” means an inspector appointed under section 20 and includes the Chief Inspector; “marketing society” means any co-operative pineapple marketing society registered as such under the **Co-operative Societies Act 1948 [Act 287]; “pineapple” means any fruit of the plant ananas; “prepare pineapple” means to render pineapple into canned pineapple; *NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular Malaysia” —see the Interpretation (Amendment) Act l997 [Act A996], subsection 5(2). **NOTE—The Co-operative Societies Act 1948 [Act 287] has since been repealed by the Co-operative Societies Act 1993 [Act 502]–see section 95 of Act 502. Pineapple Industry 7 “registered canner”, “registered cannery”, “registered can-supplier”, “registered marketing society”, “registered exporter”, “registered grower”, “registered transporter”, “registered vendor” means any pineapple canner, cannery, can-supplier, marketing society, exporter, grower, transporter or vendor, as the case may be, registered under this Act; “representative association” means a representative association specified under section 19; “transporter” means any person who transports pineapple of growers or vendors, and includes his duly authorized agent, but does not include a grower who transports his own pineapple; “Tribunal” means the Tribunal of Appeal established under section 24; “vendor” means any person who sells pineapple to canneries, but does not include a grower who sells his own pineapple. Establishment of Board 3. (1) For the purposes of this Act there is hereby established a Board which shall be a body corporate by the name of “The Malaysian Pineapple Industry Board” and which shall have perpetual succession and a common seal, and may sue and be sued in its corporate name. The Board shall have an office in Malaysia. (2) The Board shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; (b) a representative of the Ministry responsible for the pineapple industry; (c) a representative of the Ministry of Trade and Industry; 8 Laws of Malaysia ACT 427 (d) a representative of the Treasury; (e) a representative of such other Ministry as the Minister may determine after consulting the Minister of that Ministry; (f) two persons to represent the interests of registered canners nominated by the representative association of the canning sector of the pineapple industry; (g) two persons to represent the interests of growers; and (h) the State Director of Agriculture, Johore. (3) (a) The Minister may, in respect of each member of the Board other than the Chairman, appoint an alternate member who may attend any meeting of the Board which the member is, for any reason, unable to attend. (b) When attending a meeting of the Board, an alternate member shall, for all purposes, be deemed to be a member of the Board. (4) (Deleted by Act A693). (5) Every member of the Board, other than the person appointed under paragraph (2)(h), shall, unless his appointment is sooner revoked or he sooner resigns, hold office for such period as the Minister may specify in his letter of appointment or, if no such period is specified, for a period of two years from the date of his appointment, and shall be eligible for reappointment. (5A) Every alternate member shall, unless he sooner resigns or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Board. (6) Any member of the Board who without reasonable cause absents himself from two consecutive ordinary or special meetings of Pineapple Industry 9 the Board and any member who has been found or declared to be of unsound mind or has become bankrupt or made an arrangement with his creditors or has been sentenced to imprisonment shall be deemed to have vacated his office and his appointors shall be informed accordingly. (7) If any vacancy occurs by death, resignation, absence, insanity, bankruptcy, imprisonment or otherwise the appointor may appoint a person to fill any such vacancy and any person so appointed shall hold office so long only as the person in whose place he is appointed would have held office. (8) The appointment of every member and alternate member of the Board shall be published in the Gazette. Chairman 4. (1) The Chairman of the Board shall be employed upon such conditions and terms of service, and shall receive such salary travelling allowances and subsistence allowances as may be prescribed by regulations made under section 25, and such salary and allowances shall be paid out of the Fund. (2) During the absence of the Chairman from any cause the members of the Board shall elect an acting chairman who, during the absence of the Chairman, shall have and exercise all the powers of the Chairman. Procedure of Board 5. (1) At any meeting of the Board four members present shall form a quorum for the transaction of business. (2) The powers of the Board shall not be affected by any vacancy in the membership thereof. 10 Laws of Malaysia ACT 427 (3) A decision of the majority of the members of the Board present and voting at a meeting of the Board shall be deemed to be a decision of the Board. (4) The Chairman shall have a vote as a member and in the event of an equality of votes he shall have and exercise a casting vote. (5) At the request of any member the vote on any matter before the Board shall be taken by ballot. Liability of members 6. No member of the Board shall incur any personal liability for any loss or damage caused by any act or omission in the administration of the affairs of the Board unless such loss or damage is occasioned by an intentionally wrongful act or omission on his part. Establishment of the Fund and other functions of the Board 7. (1) The Board shall establish and administer a fund to be called “the Pineapple Industry Fund” and may acquire and hold property, movable or immovable, and may transfer or otherwise deal with the same, and may enter into contracts and do all the things necessary for or incidental to the purposes of this Act. (2) (a) There shall be paid into the Fund— (i) the proceeds of any such cess as is referred to in section 8; (ii) all moneys belonging to the Board; (iii) such moneys as may be provided from time to time by Parliament to be applied for such purpose or purposes as may be specified by Parliament; (iv) all moneys, including registration fees, collected under rules and regulations made under this Act; Pineapple Industry 11 (v) all moneys borrowed by the Board under section 8A; (vi) all moneys earned or arising from any investment under section 8B or from any property acquired by or vested in the Board; and (vii) all other moneys that may in any manner become payable to or vested in the Board in respect of any matter incidental to its functions. (b) The Fund may be applied for any purpose within the objects of this Act in such manner as shall be determined by the Board and for lending to its employees for the purpose of purchasing or building dwelling-houses or purchasing conveyances on such terms and conditions as may be prescribed by regulations made under section 25. (3) The functions of the Board shall include— (a) the financing of agronomic and processing research programmes for the industry; (b) the negotiation of agreements on prices and grades of pineapples for sale to canneries; (c) the regulation of the production, grading and marketing of pineapple for sale to canneries and of canned pineapple; (d) administration of quality control and health regulations; (e) administration of a cess fund and making recommendations regarding the rate of cess; (f) collection of statistics and maintenance of statistical records of the industry; (g) the granting of financial assistance, whether by way of subsidy or otherwise, to the industry as a whole or any section of it; 12 Laws of Malaysia ACT 427 (h) any other matters affecting the industry. (4) The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply in respect of the Board. (5) The accounts of the Board shall be subject to audit by an auditor approved by the Minister. (6) The common seal of the Board may by resolution of the Board be affixed to any instrument in the presence of the Chairman and two other members of the Board, who shall all sign their names to such instrument. (7) Four ordinary meetings of the Board shall be held each year. All other meetings shall be special meetings and may be called at any time by the Chairman or acting Chairman and shall be called at the request of any member. Imposition and collection cess 8. (1) The Minister after consultation with the Board may for the purposes of this Act make orders for the imposition, collection, variation or cancellation of a cess or cesses on the exportation of canned pineapple. (2) Any order imposing a cess made under the Pineapple Industry Ordinance 1951 [Ord. 36 of 1951], and in force on the date of the coming into operation of this section shall be deemed to be an order made under the preceding subsection. Power to borrow 8A. The Board may, with the approval of the Minister and the concurrence of the Minister of Finance, borrow moneys for the purpose of carrying out its functions. Pineapple Industry 13 Power to invest 8B. The Board may, with the approval of the Minister and the concurrence of the Minister of Finance, from time to time, invest the Fund or any part thereof, not being immediately required for meeting its obligations or carrying out its functions— (a) in any investment or securities authorized for the investment of trust funds by any written law for the time being in force; or (b) in such other investment or securities as the Board thinks fit. Power of the Board to require information 9. The Board may require any person to submit such information as may, in its opinion, be necessary before any distribution is made from the Fund under this Act; and any person making application for assistance from the Fund who wilfully or without reasonable excuse fails to give such information to the Board or who gives any information which he knows or has reason to believe to be false in any material particular shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand ringgit or to both. Appointment of officers and servants 10. (1) The Board may appoint a chief executive officer who may be designated by any name and such other officers and servants as it considers necessary for the purpose of discharging its functions under this Act. (2) The appointment of the chief executive officer shall be with the approval of the Minister. 14 Laws of Malaysia ACT 427 (3) If the chief executive officer is for any reason unable to exercise the powers and perform the duties of his office, the Board may appoint any other person to act as chief executive officer: Provided that the consent of the Minister shall be obtained where the deputation exceeds or is likely to exceed a continuous period of three months. (4) The appointment of the chief executive officer shall be published in the Gazette. (5) The Board shall obtain the approval of the Treasury and the Public Services Department before establishing or modifying any scheme of service for the chief executive officer and its other officers and servants, including the terms and conditions of service, the salaries, allowances and other remuneration payable, and facilities for loans for the purchase of conveyances. Duties of the chief executive officer 10A. (1) The chief executive officer shall— (a) be responsible for putting into execution the policy decisions of the Board and for the general administration of its affairs; (b) exercise supervision and control over all officers and servants of the Board; and (c) perform such other duties and undertake such other responsibilities as the Board may from time to time determine or as the Chairman may from time to time direct. (2) The chief executive officer shall be present at every meeting of the Board unless he is excused from doing so by the Chairman. Pineapple Industry 15 (3) The chief executive officer shall have no right to vote at meetings of the Board. Regulations governing the conduct and discipline of officers and servants 10B. Subject to any other written law, the Board may, with the approval of the Minister, make regulations governing the conduct and discipline of its officers and servants including provisions for surcharge. Registration 11. The Board shall— (a) cause to be kept a register of growers, canners, canneries, exporters, can suppliers, marketing societies, transporters and vendors in such manner as the Board may prescribe; (b) furnish each grower, canner, exporter, can supplier, marketing society, transporter or vendor, as the case may be, on due registration, a certificate of registration in the form prescribed; (c) issue a separate certificate of registration in respect of each cannery in which a registered canner is permitted to prepare pineapple. Refusal to register 12. The Board may refuse to effect any registration— (a) if it is of the opinion that the applicant will be unable to comply with or to fulfil any of the standards or conditions prescribed; (b) if the application is made by or on behalf of a person whose registration has been cancelled under section 23. 16 Laws of Malaysia ACT 427 Assignment and transfer of certificates 13. Certificates of registration furnished under section 11 shall not be assigned or transferred. Offences 14. (1) No person shall prepare pineapple or label any canned pineapple except in a registered cannery. (2) No person other than a registered can-supplier shall make, re-form or import any cans for the canning of pineapple. (3) No person other than a registered exporter shall export canned pineapple. (4) Without the written approval of the Board, no registered canner shall accept pineapples from any person other than a registered grower or a registered vendor. (4A) No registered grower shall sell pineapple except to a registered vendor or a registered canner. (4B) No registered vendor shall buy pineapple except from a registered grower. (5) Any person who acts in contravention of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit. Powers of search 15. If a Sessions Court Judge or Magistrate is satisfied by information on oath or affirmation that there is reasonable cause to suspect that any place within his jurisdiction, whether a building or not, other than at a registered cannery, is being used to prepare pineapple or label canned pineapple he may grant a search warrant authorizing any police officer at any time or times within one month Pineapple Industry 17 from the date thereof to enter, with such assistance as may be required, and if need be by force, such place and every part thereof and examine the same and search for therein and seize and remove therefrom and take before a Sessions Court Judge or Magistrate any plant, machinery or implements used or intended to be used or which there is reasonable ground to suppose is in the place for the purpose of unlawfully preparing pineapple or labelling canned pineapple. Marking of cans 16. (1) Every registered canner shall register with the Board such mark or marks as may be approved by the Board for his use as the distinguishing mark or marks for the products of each or all of the registered canneries in respect of which he has been issued with a certificate. (2) No such mark shall be registered for use by more than one registered canner. (3) The Board may cancel the registration of the mark or marks of a registered canner if the certificate of registration of such registered canner has been cancelled in accordance with section 23. (4) After registration of a mark or marks under subsection (1) the registered canner shall cause such mark or marks to be embossed or indelibly stamped in such manner as may be prescribed on each can containing canned pineapple prepared in each registered cannery for which the mark or marks were approved and also on the package in which such cans are contained. (5) No person shall export any can containing canned pineapple or any package containing such cans unless— (a) it has been marked in accordance with subsection (4); and (b) a certificate in such form as the Board may prescribe that it has been so marked has been lodged with the appropriate customs authority. 18 Laws of Malaysia ACT 427 (6) Any person who acts in contravention of subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand ringgit. Offences and liability for acts of agents or servants 17. (1) Where any offence against this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other officer of the body corporate, such director, manager, secretary or other officer, as well as the body corporate, shall be deemed to be guilty of that offence, and shall be liable to be punished in accordance with this Act. (2) Whenever any agent or servant in the course of his employment does or omits to do an act, the doing of which or omission to do which by his principal or employer would be an offence against this Act, such agent or servant shall be deemed to be guilty of that offence, and his principal or employer and any person who at the time of the act or omission was in charge of the business in respect of which the act or omission occurred shall also be guilty of that offence unless such principal or employer or other person, as the case may be, proves to the satisfaction of the court that he took all reasonable means and precautions to prevent such act or omission. Jurisdiction 18. A Sessions Court and the Court of a First Class Magistrate shall have jurisdiction to hear and determine all prosecutions for offences against sections 9, 14, 16, 19 and 21 and a Sessions Court shall notwithstanding anything to the contrary in any written law, have jurisdiction to impose the full penalty or punishment provided by or under this Act. Pineapple Industry 19 Recognition of association 19. (1) The Board may by notification in the Gazette specify one association each to represent the canning, can-supplying, fruit marketing and exporting branches of the pineapple industry as the notification which refers to it remains in force be deemed to be a representative association for the purposes of this Act and of any regulations made thereunder: Provided that no association shall be specified as a representative association as aforesaid or, having been so specified, continue to be a representative association unless— (a) its rules have been approved by the Board; (b) its rules— (i) contain nothing that can be construed as preventing the admission as a member of any person whom the association is intended to represent; (ii) contain nothing prejudicial to the general interests of the industry; (iii) provide that any person who applies for admission as a member and undertakes to comply with the rules of such association, shall be admitted as a member thereof. (2) Any association specified by notification in the Gazette as being representative of the canning branch of the pineapple industry under the Pineapple Industry Ordinance, 1951 [No. 36 of 1956], shall be deemed to be a representative association of the canning branch of the pineapple industry under this Act. (3) Any association deemed to be a representative association under this section which subsequently makes any alteration in the articles, in the rules, or in the conditions affecting membership of the association, shall within fourteen days lodge with the Board a written copy of the alteration; and failure to comply with this subsection shall 20 Laws of Malaysia ACT 427 be an offence against this Act punishable on conviction with a fine not exceeding five hundred ringgit. Formation of an inspectorate 20. The Board may appoint a Chief Inspector and such other inspectors as may be necessary for carrying into effect this Act or the regulations made thereunder who shall have and exercise such powers and duties as are provided under section 21. Power of inspectors 21. (1) Any inspector, who may be accompanied by any person or persons he deems necessary, may enter any registered cannery, any premises of a registered vendor or a registered transporter or any place where he has reason to believe pineapple is being planted and may search thereat and seize, sample or photograph any article in such premises or place as may be reasonably necessary as evidence in connection with any contravention of this Act or any regulations made thereunder. (2) Any inspector may require any registered canner to open any package and may remove from any registered cannery any can containing, purporting or suspected to contain canned pineapple and shall not be liable for any expenses incurred in the opening or reclosing of cases or packages for examination or for any injury, loss, damage or delay caused thereby. (3) The inspector shall acknowledge in writing receipt of all samples taken by him for examination and the Board shall, if requested to do so, pay for such samples at the market price as notified by the representative association of the canning branch of the pineapple industry: Provided that this subsection shall not apply to such routine samples as an inspector may be entitled to take without payment under regulations made under this Act. Pineapple Industry 21 (4) Every person duly registered under this Act shall, on request by the Chief Inspector, produce for inspection at such time and place as he may specify such books and other documents as are required to be maintained by him for the purposes of this Act and the regulations made thereunder. (5) Any inspector entering any premises or place in exercise of the powers conferred by this Act shall produce for the inspection of the person in charge of such premises or place, or, in his absence, to such person’ s agent, his authority for such entry. Any such authority shall have affixed thereto a photograph of the inspector to whom it is issued. (6) Any person who wilfully impedes or obstructs any inspector in the exercise of the powers conferred on him by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand ringgit. Appointment of committes 22. The Board may appoint such committees for the carrying out of such of the objects of this Act as it may deem necessary and may delegate any of its powers to any such committee. Public servants 22A. All members, officers and servants of the Board shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Cancellation of registration 23. (1) If it appears to the Board that any person duly registered under this Act otherwise than as a grower has contravened or failed to comply with any provision of this Act or any regulation made thereunder, the Board may call upon such person in the manner 22 Laws of Malaysia ACT 427 prescribed, to show cause why the registration and the certificate or certificates issued pursuant thereto should not be cancelled. (2) Any person called upon to show cause under subsection (1)— (a) shall be supplied by the Board with the particulars, in writing, of the contravention or non-compliance complained of; and (b) may, if he so desires, be present or represented by any person authorized by him in writing at the hearing by the Board. (3) If after such hearing the Board is of the opinion that the person called upon to show cause has contravened or failed to comply with any of the provisions of this Act or the regulations made thereunder, the Board may— (a) cancel his registration and any certificate or certificates issued pursuant thereto, and prohibit his re-registration for such period as the Board may determine; (b) impose a fine not exceeding ten thousand ringgit in the case of a registered canner, registered can supplier, registered exporter, registered transporter or registered vendor which fine may be recovered by the Board in the manner provided for the recovery of a civil debt and shall be paid into the Fund; (c) order such person to pay to the Board a sum not exceeding one thousand ringgit to cover the costs incurred by the Board as a result of the contravention or non-compliance with any of the provisions of this Act or of any regulations made thereunder which may be recovered by the Board in the manner provided for the recovery of a civil debt and shall be paid into the Fund. (4) Subject to this Act and any regulations made thereunder the Board may regulate its own procedure at any such hearing and shall not be bound by any law or rule of practice relating to the admissibility of evidence. Pineapple Industry 23 (5) The Board shall keep in writing a record of its proceedings and of all evidence received by it and the decisions of the executive committee shall be recorded in writing. Tribunal of Appeal 24. (1) There shall be established a Tribunal of Appeal which shall consist of a Chairman, who shall be a person qualified to be appointed a judge of the High Court, and two other persons, who shall not be members of the Board, all of whom shall be appointed by the Minister. (2) The Tribunal may make rules governing the fees payable and the procedure to be followed on appeal. Any such fees shall be payable to the Board. (3) Any person aggrieved by a decision of the Board given under section 12 or section 19 or subsection 23(3) may appeal to the Tribunal established under subsection (1). (4) Notice in writing of such appeal together with the grounds thereof shall be given to the Tribunal within fourteen days of the receipt by the person aggrieved of the decision of the Board. Every notice given to the Tribunal under this subsection shall be sent to such address in Malaysia as may be prescribed by the Tribunal of Appeal. (5) Execution of any decision of the Board given under subsection 23(3) shall be stayed pending the expiration of the period within which notice of appeal may be given or, if a notice of appeal is given, the decision on such appeal, as the case may be. (6) The appellant may, if he so desires, be present at the hearing of his appeal and may be heard, either in person or by a person authorized by him in that behalf. (7) Upon the hearing of an appeal from a decision under subsection 23(3), the Tribunal may allow the appeal or confirm or vary the decision of the Board within the limits specified in that 24 Laws of Malaysia ACT 427 subsection, and upon hearing an appeal from a decision of the Board, the Tribunal may confirm the decision of the Board or make such order as to registration or the specifying of an association as the case may require. Any decision of the Tribunal shall be final and conclusive and shall be enforceable in the same manner as a decision of the Board. Every such hearing shall be held in Malaysia. (8) The tribunal may regulate its own procedure at the hearing of any such appeal and shall not be bound by any law or rule of practice relating to the admissibility of evidence. (9) The Tribunal may at its discretion from time to time extend the period fixed for the giving of a notice of appeal. Power to make regulations 25. (1) The Board may, with the approval of the Minister, make regulations for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing, such regulations may— (a) prescribe the form and time of application, the particulars to be supplied and the fees to be paid for registration as a grower, canner, cannery, exporter, can-supplier, marketing society, transporter or vendor and the period for which such registration shall apply; (b) require all canners, exporters, can-suppliers, marketing societies, transporters and vendors applying for registration to be, before or after registration, members of such representative associations as the Board may deem suitable; (c) prescribe minimum requirements for the siting, lay-out, construction, plant, machinery and hygiene of a registered cannery and the water supply thereto; (d) prescribe the minimum extent and methods of pineapple cultivation by a registered canner or a registered grower, including the use, control and distribution of fertilizers Pineapple Industry 25 and other chemicals, the carrying out of replanting with high-yielding planting materials in a comprehensive and systematic manner, and the modernization of pineapple cultivation with a view to improving the economic wellbeing of registered growers; (da) regulate the conduct of all matters relating to the activities of registered transporters and registered vendors which concern the pineapple industry; (e) prescribe the medical personnel to be employed in registered canneries and the equipment and stores to be supplied; (f) prescribe the accommodation, washing, bathing, toilet, eating, recreational and any other facilities to be supplied by registered canners for the benefit of their workers; (g) prohibit the export of any grade, quality or type of canned pineapple either absolutely or to any particular destination and prescribe the method of disposal of any canned pineapple which it may decide is unsuitable for export or for sale within Malaysia; (h) prescribe the method and ratios to production or export by which free samples may be taken for the purpose of checking compliance with this Act or the regulations made thereunder; (i) prescribe the manner and the frequency with which workers in any registered cannery shall be medically examined and the form in which such examination shall be certified and prohibit the employment of any person on the premises of any registered cannery who has not been medically certified as suitable for such employment; (j) prescribe the use of certificates of origin for canned pineapple; 26 Laws of Malaysia ACT 427 (k) prescribe the type and design of containers in which empty cans, can-ends, pineapple and filled cans of pineapple may be packed and transported to or from registered canneries and registered exporters’ godowns; (l) require the addition of such information and certificates as the Board thinks fit to the declaration made by an exporter in compliance with the Customs Act 1967 [Act 235]; (m) require registered exporters to keep books of account in such form as to the Board may appear desirable and to keep copies of documents dealing with transactions in canned pineapple; (n) prescribe standards for the production, grading and the manner of describing, marking and labelling of canned pineapple and the methods of inspection and certification or registration thereof; (o) prescribe the standard dimensions, materials and methods of construction of cans to be used for the canning of pineapple and prohibit the purchase of such cans from anyone but a registered can supplier; (p) prescribe the destination to which canned pineapple may be exported under any particular label; (q) prescribe the information with regard to production, sales and exports which shall be given and the methods which shall be used to indicate such information by any registered canner, registered exporter, registered can supplier or registered marketing society and the form of return to be made by members of registered marketing societies; (r) prescribe methods for the fixing of prices to be paid to growers by registered canners and the fixing of quotas of growers’ pineapple to be purchased by registered canners and may compel registered canners to purchase such quotas in times of overproduction; Pineapple Industry 27 (s) prescribe minimum standards for pineapple which may be received by any registered cannery or which may be used for any particular type or grade of canned pineapple; (t) prescribe the conditions and terms of service of, and the salary, travelling allowances and subsistence allowances payable to, the Chairman of the Board and the travelling and other allowances payable to members of the Board, and regulate the procedure of the Board, and committees appointed under this Act; (u) prescribe, prohibit or require anything which the Board deems necessary in order to carry out the objects of this Act; (v) prescribe a penalty not exceeding five thousand ringgit for breach of any provision thereof. (3) (Deleted by Act A391). Repeal 26. The Pineapple Industry Ordinance 1951, is hereby repealed: Provided that the Pineapple Joint Industrial Council established under the Ordinance hereby repealed shall notwithstanding such repeal continue in being for so long only as is necessary for the said Council to discharge its liabilities (if any) and transfer its functions to the Board. 28 LAWS OF MALAYSIA Act 427 PINEAPPLE INDUSTRY ACT 1957 LIST OF AMENDMENTS Amending law Short title In force from L.N. (NS) 117/1957 Pending Laws (Validation) (No. 2) 15-12-1957 Order 1957 Ord. 39/1958 Pineapple Industry (Amendment) 01-11-1958 Ordinance 1958 Ord. 4/1959 Pineapple Industry (Amendment) 01-02-1960 Ordinance 1959 Act 1/1961 Pineapple Industry (Amendment) 15-01-1961 Act 1961 Act 29/1964 Pineapple Industry (Amendment) 30-07-1964 Act 1964 Act 5/1966 Pineapple Industry (Amendment) 27-01-1966 Act 1966 Act A136 Pineapple Industry (Amendment) 07-07-1972 Act 1972 Act A391 Pineapple Industry (Amendment) 15-04-1977 Act 1977 Act A693 Pineapple Industry (Amendment) 20-04-1988 Act 1988 29 LAWS OF MALAYSIA Act 427 PINEAPPLE INDUSTRY ACT 1957 LIST OF SECTIONS AMENDED Section Amending authority In force from 2 Act 1/1961 15-01-1961 Act 5/1966 27-01-1966 Act A136 07-07-1972 Act A391 15-04-1977 Act A693 20-04-1988 3 L.N. (NS) 117/1957 15-12-1957 Ord. 39/1958 01-11-1958 Act 1/1961 15-01-1961 Act A136 07-07-1972 Act A391 15-04-1977 Act A693 20-04-1988 4 Ord. 39/1958 01-11-1958 5 Act 1/1961 15-01-1961 7 L.N. (NS) 117/1957 15-12-1957 Ord. 4/1959 01-02-1960 Act 1/1961 15-01-1961 Act A136 07-07-1972 Act A693 20-04-1988 Act A391 15-04-1977 8 Ord. 4/1959 01-02-1960 8A Act A693 20-04-1988 8B Act A693 20-04-1988 10 Act 1/1961 15-01-1961 Act A693 20-04-1988 30 Laws of Malaysia ACT 427 10A Act A693 20-04-1988 10B Act A693 20-04-1988 11 Act 5/1966 27-01-1966 Act A391 15-04-1977 14 Act 5/1966 27-01-1966 Act A391 15-04-1977 20 Act 29/1964 30-07-1964 Act A391 15-04-1977 21 Act A391 15-04-1977 22 Ord. 39/1958 01-11-1958 Act 1/1961 15-01-1961 22A Act A391 15-04-1977 23 Act 1/1961 15-01-1961 Act A391 15-04-1977 24 L.N. (NS) 117/1957 15-12-1957 Act 1/1961 15-01-1961 Act A391 15-04-1977 25 L.N. (NS) 117/1957 15-12-1957 Ord. 39/1958 01-11-1958 Act 1/1961 15-01-1961 Act 29/1964 30-07-1964 Act A391 15-04-1977