AGRICULTURAL PRODUCE BOARD ENACTMENT 1981 [NO. 18 OF 1981]

AGRICULTURAL PRODUCE BOARD ENACTMENT 1981 [NO. 18 OF 1981]

I assent, TUN DATUK HAJI MOHAMMAD ADNAN ROBERT,

Yang di-Pertua Negeri. 27TH AUGUST, 1981.

AGRICULTURAL PRODUCE BOARD ENACTMENT 1981 [NO. 18 OF 1981]

No. 18 of 1981

An Enactment to repeal and re-enact the law relating to the establishment of Boards for the promotion of the welfare of agricultural and livestock industries and the marketing of certain products and provide for matters incidental thereto and connected therewith so as to make better provisions respecting the constitution, administration, procedure, functions and finance of the Boards.

ENACTED by the Legislature of the State of Sabah as follows: --

PART I PRELIMINARY

1. Short title and commencement.

(1) This Enactment may be cited as the Agricultural Produce Board Enactment, 1981, and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of different parts or provisions of the Enactment.

2. Interpretation

In this Enactment, unless the context otherwise requires--

"Board" means a Board constituted under section 3;

"Chairman" means Chairman of the Board;

"Deputy Chairman" means Deputy Chairman of the Board;

"functions" includes powers and duties;

"General Manager" means the General Manager appointed under section 20 of the Enactment and includes any person for the time being so appointed to perform the duties of the General Manager;

"levy" means a levy imposed under the provisions of section 25 of this Enactment; "member"

means a member of the Board including the Chairman and Deputy Chairman;

"Minister" means the Minister for the time being charged with responsibility for matters relating to agriculture;

"product" means any agricultural or horticultural produce and any produce of any kind of animal husbandry.

PART II ESTABLISHMENT AND CONSTITUTION OF BOARD

3. Establishment of Boards.

(1) As from the commencement of this Enactment, the Yang di-Pertua Negeri may, by notice in the Gazette, constitute in respect of any product or products a Board to be known by such corporate name as may be specified in such notice, which shall be a body corporate with perpetual succession, capable of suing and being sued in its corporate name and with power to purchase or otherwise acquire, hold, and exchange or alienate or otherwise deal with in any lawful manner whatsoever, any property movable and immovable, and to enter into contracts and generally to do such acts and things as a body corporate may do by law and as are necessary for, or incidental to, the carrying out of its objects and the exercise of its powers as set out in this Enactment.

(2) A Board shall have a common seal which shall bear such device as the Board may approve and such seal may from time to time be broken, changed, altered and made anew by the Board, as the Board may think fit.

(3) Until a common seal is provided under subsection (2), a stamp bearing the corporate name of the Board may be used as the common seal of the Board.

4. Composition of a Board

(1) A Board shall consist of the following members:- - (a)a Chairman;

(b)a Deputy Chairman;

(c)three ex-officio members who shall be persons for the time being holding the offices of the Permanent Secretary of the Ministry of Finance, the Permanent Secretary of the Ministry of Agriculture and Fisheries and the Director of Agriculture;

(d)not more than nine nor less than six members of whom not less than half shall be persons engaged in the production or marketing of the product or products in respect of which the Board has been constituted; and

(e)the person for the time being holding the office of the General Manager: Provided that the General Manager shall not be entitled to vote at the meeting of the Board.

(2) The members as specified in paragraphs (a), (b) and (d) of subsection (1) shall be appointed by the Yang di-Pertua Negeri.

(3) An ex-officio member may by instrument in writing addressed to the Chairman appoint another officer in the public service of the State as an alternate member who may attend on his behalf any meeting of a Board which such member is for any reason unable to attend and such alternate member when attending such meeting shall for all purposes be deemed to be a member of the Board.

(4) Subject to the provisions of section 7 of this Enactment, a member, other than an ex-officio member and the General Manager, shall hold office for a period of three years from the date of his appointment, and shall be eligible for re-appointment.

5. Resignation and removal.

A member, other than an ex-officio member and the General Manager, may at any time resign his office by giving notice in writing to the Chairman.

(2) The appointment of a member may at any time be revoked by the Yang di-Pertua Negeri if he thinks it expedient to do so.

6. Disqualification from membership . The following persons shall be disqualified from being appointed as or, if appointed, remaining a member: --

(a)a person who is of unsound mind or otherwise incapable of performing his duties or managing his affairs ; (b)a person who is prohibited from being a director of a company under the provisions of any written law relating to companies;

(c)a person who has been convicted of any offence involving fraud, dishonesty or moral turpitude; and

(d)a bankrupt.

7. Vacation of office.

The office of a member, other than an ex-officio and the General Manager, shall become vacant--

(a)on his death;

(b)if he is absent from three consecutive meetings of a Board without the special leave of the Chairman or leave of absence granted under this Enactment and the Board passes a resolution declaring his office vacant;

(c)if he resigns his office;

(d)if he becomes disqualified for membership under section 6 of this Enactment ; (e)if his appointment is revoked by the Yang di-Pertua Negeri.

8. Leave of absence.

The Minister may grant to any member such leave of absence at the Minister may deem fit.

9. Casual vacancics and temporary membership.

(1) If the office of a member, other than an ex-officio member and the General Manager, becomes vacant, the Yang di-Pertua Negeri may appoint another suitably qualified person to fill such vacancy for so long only as the member in whose place he is appointed would have held office.

(2) Where any member, other than an ex-officio member and the General Manager, is prevented by illness, absence from the State or other like cause from performing his duties as a member the Yang di-Pertua Negeri may appoint any suitably qualified person to act as deputy for such member during such period as he is so prevented from performing his duties.

10. Remuneration of members of Boards.

There shall be paid to the members, or to such of them as the Minister may determine, such salaries, fees and allowances out of the funds of a Board as the Minister may from time to time approve.

PART III PROCEDURE OF A BOARD

11. Meetings.

(1) A Board shall meet as often as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times as the Chairman may determine:

Provided that the Chairman shall not allow more than three months to elapse between such meetings.

(2) Where not less than three members, by notice in writing signed by them and addressed to the Chairman, request that a meeting of a Board be held for any purpose specified in such notice the Chairman shall, within seven days of the receipt by him of such notice, convene a meeting accordingly.

12. Procedure of meetings

(1) The quorum necessary for the transaction of the business of a Board shall be five.

(2) In the absence of the Chairman from any meeting of a Board, the Deputy Chairman shall preside thereat and, in the absence of both the Chairman and the Deputy Chairman, the members present shall elect one of their number to preside thereat.

(3) Questions arising at any meeting of a Board shall be decided by the votes of the majority of those present and voting thereon and in the case of an equality of votes the Chairman or other person presiding at such meeting shall have a second or casting vote.

(4) Subject to the provisions of this Part a Board shall have power to make standing orders to regulate its own proceedings.

13. Members interested not to act.

(1) Any member who has or acquires, directly or indirectly by himself, his partner or agent--

(a)any share or interest in any contract made with or work done for the Board or in any company or with any person or in respect of any undertaking with which the Board propses to contract; or

(b)any beneficial interest in land proposed to be acquired, purchased, leased or otherwise dealt with by the Board or which he knows to be affected or to be likely to be affected by any project, scheme or enterprise approved or proposed to be approved by the Board;

shall, before taking part in any proceedings at a meeting of the Board, relating to or affecting directly or indirectly any such contract or land, inform the person presiding at such meeting of the nature and extent of such share or interest, and such information shall be recorded in the minutes of such meeting, and such member shall not vote upon any resolution or qestion relating thereto, or to matters incidental thereto and if the person presiding at the meeting so requests, such member shall withdraw from the meeting during such deliberation or decision:

Provided that no member shall be deemed to have or acquire any share or interest in a contract with the Board by reason only that he has or acquires a share in any loan issued by the Board or in any security for the same:

Provided further that for the purpose of determining whether there is a quorum a member who attends the meeting shall be treated as being present notwithstanding that, under the provisions of this section, he may not vote or has withdrawn.

(2) Any person who contravenes or fails to comply with the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction to a fine of one thousand ringgit and imprisonment for six months.

14. Power to appoint committee.

(1) Subject to the provisions of this Enactment, a Board may, for any general or special purpose, appoint such committees as it thinks desirable.

(2) A committee may do all such things as may be necessary for the effective carrying out of its functions but shall be subject to the general directions of the Board.

(3) A committee shall consist of a Chairman and not more than five other persons.

(4) A committee may consist of persons who are not members of the Board.

(5) Members of a committee may be paid such remuneration or allowance as the Board may, with the approval of the Minister, determine.

15. Meetings of a committee.

(1) In the absence of the Chairman of a committee from any meeting of the committee such other member of the committee as may be elected by the members present shall preside over the meeting.

(2) The quorum for the meeting of a committee shall be three.

(3) Any question to be determined at any meeting of a committee shall be decided by the votes of the majority of those present and voting thereon, and in case of an equality of votes the person presiding shall have a second or casting vote.

(4) A committee may invite to any of its meetings any person who can in its opinion contribute to its deliberations but such a person shall have no right to vote at the meeting.

(5) Subject to this section and the directions of the Board, a committee shall regulate its own procedure.l

16. Delegation of powers.

(1) A Board may delegate to any committee, member, officer or servant of the Board, such of its functions, as it may deem necessary or desirable.

(2) Any functions delegated under this section--

(a)may be so delegated subject to such conditions or restrictions as the Board may either generally or specially impose;

(b)shall be exercised by the committee, member, officer or servant concerned in the name and on behalf of the Board.

(3) No delegation made under this section shall preclude a Board itself from exercising or performing at any time any of the functions so delegated.

17. Power of Chairman to delegate.

(1) Subject to the provisions of this Enactment and of any regulations made thereunder, the Chairman may delegate in writing to any member, officer or servant of a Board the power and authority to carry out on his behalf such duties, powers or functions as he may determine.

(2) The Chairman may at the time of delegating any power or authority under subsection (1) to any member, officer or servant, or at any time thereafter give directions as to the manner in which such delegated power or authority is to be exercised and may at any time revoke, modify or increase such delegation.

18. Execution of documents, etc.

(1) The common seal of a Board shall be in the custody of the Chairman and shall not be used except in the presence of the Chairman or Deputy Chairman and one member and such use shall be authenticated by the signatures of such persons and such authentication shall be sufficient evidence that such seal was duly and properly fixed and that it is the lawful seal of the Board.

(2) All documents, other than those required by law to be under seal, to which a Board is a party may be signed on behalf of the Board by the Chairman or any member or by any officer or servant generally or specially authorised in that behalf by the Board.

19. Vacancy not to invalidate acts, etc.

(1) No act or proceeding of a Board or any committee thereof shall be questioned on account of any vacancy among the members or on account of the appointment of any member having been defective.

(2) Until the contrary is proved, every meeting of a Board or of any committee thereof shall be deemed to have been duly convened and held and all members present thereat shall be deemed to have been duly qualified.

(3) A statement in any document to the effect that any function has been delegated under this Part shall, unless the contrary is proved, be evidence that such delegation has been lawfully made.

PART IV ADMINISTRATION

20. Appointment of General Manager, officers and servants.

(1) Subject to section 21, a Board shall appoint a General Manager with the approval of the Minister, and such other officers and servants as may be necessary for carrying out its functions and duties under the Enactment . (2) Whenever the General Manager is prevented by illness, absence from the State, or other like cause from performing his duties as such, or when the office of General Manager is vacant, a Board may appoint one of its officers to perform the duties of General Manager during such period as the General Manager is so prevented from performing his duties or the said office is vacant.

(3) Subject to the approval of the Government, the General Manager and other officers and servants of a Board shall be engaged on such terms and conditions as the Board may think fit.

21. Restriction on alterations in establishment.

A Board shall not, without the approval of the Government, make any addition to its established posts.

22. General Manager as chief executive.

(1) The General Manager shall be the chief executive officer responsible to the Board and shall perform such duties and exercise such powers as may be determined or delegated by the Board.

(2) Subject to the directions and control of a Board, all officers and servants of the Board shall be under the administrative control of the General Manager.

23. Officer or servant not to be interested in contracts

(1) No person shall be eligible for employment as an officer or servant of a Board who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, for or on behalf of the Board.

(2) Any officer or servant of a Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.

(3) No officer or servant shall be deemed to have or acquired any such share or interest by reason only that--

(a)he is or becomes a member of an incorporated company which owns land situated in Sabah or has a contract with or executes work for the Board; or

(b)he has or acquires a share in any loan, issued by the Board or in any sec1urity for the same . PART V FUNCTIONS OF A BOARD

24. Duties of a Board.

It shall be the duty of a Board--

(a)to promote, by such means, or the provision of such services, as the Board may deem desirable better conditions for the producers of any product in respect of which such Board was established, and the increase of the production and the improvement of the quality of any product, through the conservation or proper utilization of natural resources and the more economic production, inspection, grading, preparation or marketing of such product;a

(b)to control, manage and administer the Fund established in respect of the Board and for the purpose to hold the moneys, property and investments of such Fund.

25. Power to impose levy.

(1) The Yang di-Pertua Negeri, on the recommendation of a Board, may from time to time, by order published in the Gazette impose a levy upon any product in respect of which such Board was established.

(2) An order made under this section may--

(a)prescribe what person or persons shall be responsible for the payment of the levy;

(b)prescribe the rate or amount of the levy or the method by which it shall be determined, and the manner in, the time at, and the period for which it shall be paid or collected:

Provided that no levy shall exceed five per centum of the price of the product, which price shall be ascertained in such manner as may be prescribed in the order concerned;

(c)prescribe in what circumstances or in respect of what transactions the levy shall be payable;

(d)prescribe that the levy shall be imposed on all grades, standards, or qualities of the product concerned or only on specified grades, standards or qualities thereof, and prescribe a different rate or amount of levy on different grades, standards or qualities thereof;

(e)provide for exemption from the levy for specified persons or classes of persons or persons in specified areas;

(f)prescribe the conditions, if any, upon which a rebate or reduction of the levy may be allowed.

(3) A levy imposed upon a product under this section shall be recoverable, at the suit of the Board established in respect of such product, as a civil debt.

PART VI FINANCIAL PROVISIONS

26. Fund of a Board.

(1) In respect of every Board, there shall be established a Fund which shall consist of--

(a)such sums as may from time to time be provided by the Legislative Assembly out of the general revenues of the State of Sabah or donated by the Government of Sabah, or the Government of Malaysia or of any other State thereof or by any other institution or person for the purposes of the Board;

(b)all moneys collected from any levies imposed upon any product in respect of which the Board concerned was established;

(c)such sums as may from time to time be raised by the Board by loan;

(d)all rents and proceeds of sale profits and income and other funds derived by the Board directly or indirectly from the property belonging to the Board;

(e)any fees charged for services rendered by or on behalf of such Board and such other receipts, if any as the Minister for Finance may direct to be part of such Fund;

(f)all such other sums as may from time to time be paid to the Board.

(2) The Fund may be applied in defraying the following charges--

(a)the expenses and allowances of the members;

(b)the salaries, fees or renumeration of the officers, agents and servants and technical or other advisers of the Board;

(c)all costs, charges and expenses of and incidental to the exercise of the powers of the Board under this Enactment;

(d)interest on any loan raised by the Board;

(e)sums required for the repayment of moneys borrowed;

(f)such sums as it may be deemed appropriate to set aside in respect of depreciation on the property of the Board;

(g)any architect, management and agency fees;

(h)grant or loan authorised by the Board to the State or towards any particular development project carried out by the State;

(i)any other expenditure authorised by the Board.

27. Investment of funds.

A Board may, from time to time, invest any of its funds, not immediately required to be expended in the meeting of the obligations or in the discharge of the functions of the Board, in securities authorized for the investment of trust funds by any written law for the time being in force, may place the same on deposit in any bank or banks licensed under the provisions of the Banking Act, 1973, or, in any undertaking as may be approved by the Minister of Finance.

28. Borrowing powers.

(1) A Board may, from time to time, with the approval of the Minister Of Finance, borrow money by the issue of debenture stock or otherwise as the Minister of Finance may direct for the purposes of this Enactment.

(2) A Board may, from time to time, for the purpose of this Enactment, raise loans from the Government, or with the consent of the Minister of Finance, borrow by way Of a temporary loan or overdraft from a bank licensed under the provisions of the Banking Act, 1973, or otherwise.

29. Loans may be secured by mortgage.

A Board may secure the repayment of any sum borrowed, by the mortgage or charge, legal or equitable, of any property vested in the Board, or of any revenue receivable by the Board under this Enactment or any other written law.

30. Power to make loans.

(1) Subject to such conditions as the Minister may deem fit to impose in particular cases, a Board may, out of the Fund make loans in accordance with the provisions of this Enactment in that behalf, in the execution of its duties or in the discharge of its functions under section 24.

(2) In making loans under the provisions of subsection (1) a Board may charge such rate of interest as it may deem fit in any particular case.

(3) Every loan shall be repaid to the Board in accordance with the terms and conditions under which such loan was made and the moneys so paid shall thereupon be taken into the accounts of the Board.

(4) Every mortgage to secure loan and every instrument or charge under the provisions of this Enactment shall be approved by the Board, and all costs, charges and expenses incurred in connection therewith shall be paid by the person to whom the loan is made.

31. Power to guarantes loans.

A Board may, with the written approval of the Yang di-Pertua Negeri, guarantee any loans made by any bank or financial institution to any applicant approved by the Board for any purpose for which the Board might itself have granted such loan.

32. Annual estimates.

(1) A Board shall before the commencement of each financial year cause to be prepared and shall adopt annual estimates of income and expenditure of the Board for the ensuing year.

(2) Supplementary estimates may be adopted by the Board at any of its meetings.

(3) A copy of all annual estimates and supplementary estimates shall, upon their adoption by the Board, be sent forthwith to the Minister for his approval.

(4) No expenditure shall be incurred by a Board which has not been included in the annual estimates or supplementary estimates adopted by the Board and approved by the Minister.

33. Accounts.

(1) A Board shall cause: -- (a)proper accounts and other records in relation thereto to be kept; and (b)an annual statement of accounts to be prepared.

(2) The annual statement of accounts of a Board shall present a true and fair view of the financial position of the Board for the year to which it relates . (3) The financial year of the Board shall be the period commencing on the 1st day of January and ending on the 31st day of December in each year.

34. Audit and statement of accounts.

(1) The accounts of a Board shall be audited by the Auditor-General.

(2) The Board shall not later than the 31st day of July of each year submit the accounts of the Board for the preceding financial year to the Auditor-General for the purpose of audit.

(3) The Board shall, when required by the Auditor-General, produce and lay before him all books and accounts of the Fund concerned, together with all vouchers in support thereof, and relating thereto, and the Auditor-General shall be entitled to require from the Board, or any member, officer, servant, or agent of the Board such information and explanation as he may deem necessary for the performance of his duties as an auditor.

(4) After the end of each financial year, as soon as the accounts of the Board have been audited, the Board shall cause a copy of the statement of accounts, together with a copy of any report made by the Auditor-General on that statement or on the accounts of the Board, to be sent to the Minister who shall lay the same before the Legislative Assembly and cause a copy thereof to be published in the Gazette.

35. Annual report.

A Board shall, as soon as practicable after the end of each financial year, cause to be made and transmitted to the Minister a report dealing generally with the activities of the Board during such year, and the Minister shall cause a copy of such report to be laid before the Legislative Assembly.

36. Account Bank

(1) All moneys paid to a Board shall be paid into an account in such bank or banks licensed under the provisions of the Banking Act, 1973 as may be approved by the Board.

(2) All orders against the said account shall be signed by the General Manager and countersigned by another officer of the Board authorised in writing in that behalf by the Board.

37. When tenders to be called.

Tenders for the execution of any work or duty, or for the supply of any materials or for other things necessary for the purposes of any Board whereby the expenditure of the Board is involved, shall be called in such cases and in such manner as the Government may generally or in any particular case direct.

PART VII GENERAL

38. Powers of Minister to give directions.

(1) The Minister may give to a Board directions of a general character, not inconsistent with the provisions of this Enactment, as to the exercise and performance by the Board of its functions and the Board shall give effect to any direction so given.

(2) A Board shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.

39. Land acquired compulsorily.

(1) Where any immovable property, not being State land, is needed for the purposes of a Board and cannot be acquired by agreement, the Board may request and the Yang di-Pertua Negeri may, if he thinks fit, direct, the acquisition of such property, and in such case, such property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose and any declaration required under any such law that such land is so needed may be made notwithstanding that compensation is to be paid out of funds of the Board, and such declaration shall have effect as if it were a declaration that such land is needed for a public purpose made in accordance with such written law.

(2) When any land is acquired compulsorily by the Government at the request and for the purpose of a Board under the provisions of any written law for the time being in force relating to such acquisition--

(a)the Board shall indemnify the Government against all costs, charges and expenses incurred by the Government in relation to such acquisition;

(b)the Board shall not, without the written consent of the Minister, sell, exchange or otherwise dispose of such land or any interest therein.

40. Transfer of property to Board.

(1) The Yang di-Pertua Negeri may at any time by order vest any State land or movable property of the Government in a Board where it appears desirable to do so to enable the Board to carry out its duties and responsibilities.

(2) Property vested in a Board under this section may be so vested absolutely or subject to such terms and conditions as the Yang di-Pertua Negeri may think fit to impose.

(3) Where any land is vested in a Board under this section a delivery of a copy of the order concerned shall, notwithstanding any provision of any State law to the contrary, be sufficient authority to any public officer charged with the responsibility for registering dealings with land or the issue of title thereto, and any such officer shall thereupon, without payment of fee, take all necessary steps to perfect the title of the Board to such land.

41. Emergency powers of General Manager . In any case of emergency, the General Manager may direct the execution of any work or the doing of any act which a Board is empowered to execute and do and which he is not by the provisions of this Enactment or the regulations expressly empowered to execute or do and the immediate execution or doing of which is in his opinion necessary, and he may direct that the expense of executing the work or doing the act shall be paid from the funds of the Board;

Provided that--

(a)the General Manager shall not take any step under this section in contravention of any resolution of the Board duly passed at a meeting; and

(b)he shall report anything done under this section to the next following meeting of the Board.

42. Power of suspension of Executive functions.

Notwithstanding any other provisions of this Enactment the Yang di-Pertua Negeri may be Order suspend all or any of the executive functions of the Board or of any member or of any officer or servant there of and assign the same to any person or persons for such period as he may deem fit.

43. Secrecy and penalty.

(1) Except for the purposes of this Enactment or of any criminal proceedings under this Enactment, no member, or officer or servant of the Board shall disclose any information with respect to any individual business, which has been obtained by him in the course of his duties and which is not published in pursuance of this Enactment.

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

44. Protection against legal proceedings.

(1) No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of a Board or against the officer or servant appointed by a Board in respect of any act done or statement made bona fide in pursuance or execution or intended execution of this Enactment.

(2) Where a person is exempted from liability by reason only of the provision of this section the Board is liable to the extent that it would be if such person were a servant or agent of the Board.

45. Public servants. F.M.S. Cap. 45.

All members, officers, and servants of a Board shall be deemed to be public servants within the meaning of the Penal Code.

46. Public Authorities Protection Ordinance, 1948. F.M.S. 19/48.

The Public Authorities Protection Ordinance, 1948 shall apply to any action, suit, prosecution or proceeding against a Board or against any member, officer, servant or agent of a Board in respect of any act, neglect, or default done or committed by a Board or such person in such capacity.

47. Persons authorised to prosecute.

Any prosecution for an offence under this Enactment may be conducted by any person employed by the Board or by any public officer authorised in writing in that behalf by the State Attorney.

48. Sanction for prosecution.

No prosecution for any offence punishable under this Enactment shall be instituted except by or with the previous sanction in writing of the State Attorney.

49. Power to make regulations.

The Yang di-Pertua Negeri may make regulations--

(a)providing for the submission of returns by producers or other persons in respect of any product in such forms as may be prescribed and the furnishing of information or explanation in respect of such returns;

(b)providing for the implementation of the duties of Boards in respect of the matters referred to in section 24 of this Enactment, and in particular for the inspection and grading of products and for the authorization of any person to enter any premises for the purpose of such inspection and grading;

(c)prescribing the fees which may be charged by a Board for any services rendered by it for the purposes of this Enactment or in respect of the inspection or grading of any product;

(d)generally for the better carrying out of the provisions of this Enactment.

50. Repeal and Saving. En. No. 23 of 1963.

(1) The Agriculture Produce Boards Ordinance, 1963, is hereby repealed.

(2) Notwithstanding the repeal of the Ordinance specified in subsection (1)--

(a)any Board constituted under the repealed Ordinance shall continue to exist as if the same had been constituted under this Enacment;

(b)any right, privileges, obligation or liability acquired, accrued, or incurred under the repealed Ordinance shall continue to be valid as if the same had been acquired, accrued or incurred under this Enactment;

(c)any property of whatever nature possessed by or vested in any Board constituted under the repealed Ordinance shall continue to be possessed by or vested in the similar Board constituted under this Enactment;

(d)any deed, bond, agreement, instrument and working arrangement subsisting immediately before the commencement of this Enactment shall continue to be in force and effect against or in favour of the similar Board constituted under this Enactment;

(e)any appointment made under the repealed Ordinance or any subsidiary legislation made thereunder shall continue to be in force and have effect as if the same had been made under this Enactment;

(f)any subsidiary legislation made under the repealed Ordinance shall insofar as such subsidiary legislation is not inconsistent with the provisions of this Enactment continue to be in force and have effect as if the same had been made under this Enactment and may be repealed extended, varied or amended accordingly;

(g)any person's liability to be prosecuted or punished for offences committed under the repealed Ordinance or any proceedings brought in respect of such offence before the commencement of this Enactment shall not be affected;

(h)any proceedings, whether civil or criminal, or cause of action pending or existing immediately before the commencement of this Enactment by or against: any Board constituted under the repealed Ordinance may be continued or instituted by or against the similar Board constituted under this Enactment; and

(i)any person who, immediately before the commencement of this Enactment, was employed as an officer or servant of a Board constituted under the repealed Ordinance shall continue to be employed by the similar Board constituted under this Enactment as an officer or servant, as the case may be, upon the same terms and conditions of service.

CERTIFIED by me to be a true copy of the Bill passed by the Assembly on Tuesday, the 11th August, 1981.

FREDERICK JINU,

Deputy Speaker