Malaysian Rubber Board (Licensing) Regulations 1997, No. 516

MALAYSIAN RUBBER BOARD (LICENSING) REGULATIONS 1997 PU(A) 516/1997 Tambahan No. 91 Perundangan (A) Kepada Warta No. 26 - 31hb Disember 1997 IN exercise of the powers conferred by section 62 of the Malaysian Rubber Board (Incorporation) Act 1996 (Act 551), the Minister makes the following regulations: PART I PRELIMINARY 1. Citation, commencement and application. (1) These regulations may be cited as the Malaysian Rubber Board (Licensing) Regulations 1997. (2) These Regulations shall come into operation on 1 January 1998. (3) These Regulations shall only apply to Peninsular Malaysia. (4) These Regulations shall apply to all rubber whether produced in Malaysia or otherwise. 2. Interpretation. In these Regulations, unless the context otherwise requires "certificate" means a certificate issued under regulation 43; "certificate holder" means a person issued with a certificate under regulation 43; "Certification Appeal Panel" means the Certification Appeal Panel established under regulation 71; "Certification Panel" means the Certification Panel established under regulation 67; "licence" means a licence issued under regulation 12; "licensed premises" means premises occupied by a person who is the holder of a licence issued in respect of the premises; "licensee" means a person issued with a licence under regulation 12; "Licensing Appeal Panel" means the Licensing Appeal Panel established under regulation 35; "Licensing Panel" means the Licensing Panel established under regulation 30 for the relevant zone; "permit" means a permit issued under regulation 41; "rubber plant" means (a) all plant species of the Hevea species as specified in the First Schedule and their interspecific hybrids; (b) all genetically modified plants derived from the Hevea species and their hybrids; and (c) all plant species, other than of the Hevea species, which produce rubber as specified in the First Schedule; "rubber planting material" includes rubber seeds, seedlings, cuttings, budwood (green and brown), budded plants (including bare root budded stumps, polybag budded plants and core stumps), and any tissue or plant parts that can be propagated or multiplied by any means, including by conventional or biotechnological techniques; "time-stamp" means a digitally signed notation indicating at least the date, time and identity of the person appending or attaching the notation; "to pack rubber for export" means to pack rubber in Malaysia for export from Malaysia to any country or place, whether the rubber is shipped directly or indirectly to such country or place from a port in Malaysia; "to ship rubber for export" means to ship rubber from Malaysia for export to any country or place outside Malaysia; "treat" means to subject the rubber to any process and includes the packing thereof; "zone" means a zone under regulation 3 3. Zones. For the purposes of these Regulations, the States of Malaysia and the Federal Territories of Kuala Lumpur and Labuan shall be divided into the following zones: (a) the Northern Zone, comprising Perlis, Kedah, Penang and Perak; (b) the Central Zone, comprising Selangor, the Federal Territory of Kuala Lumpur and Negeri Sembilan; (c) the Southern Zone, comprising Malacca and Johore; (d) the Eastern Zone, comprising Kelantan, Terengganu and Pahang; and (e) the Sabah and Sarawak Zone, comprising Sabah, Sarawak and the Federal Territory of Labuan. 4. Forms. The forms in the Second Schedule are prescribed for use under these Regulations. 5. Fees. (1) The fees in the Third Schedule are prescribed for the purposes of these Regulations. (2) The fees shall be paid to the Board by such means and in such manner as the Board may direct. (3) The fees collected by the Board under these Regulations shall be paid into the Fund. PART II REGULATION OF ACTIVITIES 6. Prohibition against buying or selling rubber, etc without licence. (1) No person shall (a) buy or sell rubber; (b) treat rubber; (c) buy rubber for the manufacture of rubber products; (d) germinate, grow, plant or transplant rubber planting materials for commercial purposes, unless the person holds a valid licence issued under regulation 12 to carry on such activity. (2) Notwithstanding paragraph 1(a), a person selling rubber from a rubber holding which is less than 40.46 hectares in area shall not be required to obtain a licence. (3) A person who contravenes subregulation (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both. 7. Prohibition against transporting rubber or rubber planting materials without written authority. (1) No person shall move or transport rubber or rubber planting materials unless the rubber or rubber planting materials are accompanied by a written authority issued under regulation 9. (2) A person who contravenes subregulation (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both. 8. Prohibition against accepting delivery of rubber or rubber planting materials without written authority. (1) No person shall accept delivery of any rubber or rubber planting materials from any person unless the rubber or rubber planting materials are accompanied by a written authority issued under regulation 9. (2) A person who contravenes subregulation (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both. 9. Written authority for transport and delivery of rubber or rubber planting material. (1) The owner of the rubber or rubber planting materials shall issue a written authority in Form 1 where the rubber or rubber planting materials are to be transported or delivered to a licensee or forwarding agent. (2) The written authority shall be in triplicate and shall be countersigned by the licensee or forwarding agent or other person duly authorised by the licensee or forwarding agent to receive the rubber or rubber planting materials. (3) The original copy of the written authority shall be kept by the licensee or forwarding agent taking delivery of the rubber or rubber planting materials and the triplicate shall be kept by the owner of the rubber or rubber planting materials. (4) The owner, licensee or forwarding agent, as the case may be, shall, on demand by an authorised officer, produce their respective copies of the written authority for the authorised officer's inspection. (5) A person who contravenes this regulation shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both. 10. Official receipt. (1) A licensee shall, on the completion of a purchase of rubber or rubber planting materials, deliver to the seller an official receipt in Form 2, duly signed by the licensee or his authorised agent. (2) The official receipt shall be in triplicate and shall be countersigned by the seller or the person delivering the rubber or rubber planting materials on the seller's behalf. (3) The original copy of the official receipt shall be kept by the seller and the triplicate shall be kept by the licensee. (4) The licensee and the seller shall, on demand by an authorised officer, produce their respective copies of the official receipt for the authorised officer's inspection. (5) A person who contravenes this regulation shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both. 11. Application for licence. (1) An application for a licence to carry on any of the activities referred to in regulation 6 shall be made in Form 3 to the Licensing Panel according to the zone in which the applicant's business premises is located. (2) Where the applicant has more than one business premises, the applicant shall apply for a separate licence for each of the business premises. (3) An application shall be accompanied by the prescribed fee. (4) The applicant shall furnish such information or documents as the Licensing Panel may require. (5) An application under subregulation (1) may be withdrawn at any time before the licence is issued or refused. (6) Where any information or document required under subregulation (4) is not provided by the applicant within the time specified in the requirement or any extension thereof granted by the Licensing Panel, the application shall be deemed to be withdrawn and shall not be further proceeded with, without prejudice to a fresh application being made by the applicant. 12. Issue of refusal of licence. (1) The Licensing Panel shall, on an application having been duly made in accordance with regulation 11 and after being provided with all such information and documents as it may require, consider the application. (2) After considering the application and the suitability of the applicant for the licence, the Licensing Panel may issue the licence in Form 4, with or without conditions, or refuse the licence. (3) Notwithstanding subregulation (2), the Licensing Panel shall not issue a licence if it is satisfied that the issue of the licence would be contrary to the Act or any regulations made under the Act or would be detrimental to the rubber industry of Malaysia. (4) Where the Licensing Panel refuses an application, the Licensing Panel shall notify the applicant of the refusal in writing. 13. Duration and renewal of licence. (1) A licence shall remain in force for a term not exceeding three years from the date of its issue and may be renewed on application. (2) A licensee who desires to renew the licence shall, not less than one month before the date of the expiration of the licence or of the subsisting renewal thereof, as the case may be, apply in Form 3 to the Licensing Panel according to the zone in which the applicant's business premises is located, together with the prescribed fee, for a renewal of the licence. (3) The provisions of regulation 12 shall apply for the purposes of this regulation. (4) Without prejudice to the licensee's right to apply for a new licence, where an application for renewal is made after the expiry of the licence, the Licensing Panel may refuse to renew the licence. (5) Where an application for renewal of licence is made by post, the date on the postmark on the envelope shall be deemed to be the date on which the application was made and where the Licensing Panel is unable to ascertain the date on the postmark, the application shall be deemed to have been made three days before the date on which such application was received by the Licensing Panel. (6) Where an application for renewal of licence is made electronically, the date on the time-stamp attached to the application shall be deemed to be the date on which the application was made and where there is no time-stamp attached or the Licensing Panel is unable to ascertain the date on the time-stamp, the application shall be deemed to have been made on the date the application was received by the Licensing Panel. 14. Suspension and revocation of licence. (1) The Licensing Panel may, if it is satisfied that any condition attached to a licence has not been complied with, or that the continuance of the licence would contravene the Act or any regulations made under the Act, or that any other circumstance exists to warrant such action, call upon the licensee to show cause why the licence should not be revoked or suspended. (2) The Licensing Panel shall supply the licensee with the particulars of the alleged contravention in writing. (3) The licensee may, if the licensee so desires, be present at the hearing before the Licensing Panel or be represented by a person authorised by the licensee in writing. (4) If after the hearing, the Licensing Panel is of the opinion that the licensee has failed to show cause, the Licensing Panel may suspend or revoke the licence. (5) The Licensing Panel may revoke a licence issued under regulation 12 if it appears to the Licensing Panel that (a) the licensee has failed to comply with any obligation imposed upon the licensee by or under the Act or any regulations made under the Act; (b) the licensee has contravened any condition imposed under the licence, or any other provision of the licence, or any provision of the Act or of any regulations made under the Act, regardless that there has been no prosecution for an offence in respect of such contravention; (c) the Licensing Panel has, either in connection with the application for the licence, or at any time after the issue of the licence been provided with false, misleading or inaccurate information by or on behalf of the licensee; or (d) the licensee has ceased to carry on the activity for which it is licensed. (6) The Licensing Panel shall revoke a licence issued under regulation 12 if it appears to the Licensing Panel that (a) a winding-up order has been made against the licensee; or (b) a resolution for its voluntary winding-up has been passed. (7) Where it appears to the Licensing Panel that there are grounds on which the Licensing Panel's power to revoke a licence under subregulation (5) are exercisable but that the circumstances are not such as to justify revocation, the Licensing Panel may suspend the licence for a period not exceeding three months. (8) The Licensing Panel shall inform the licensee of its decision in writing. 15. Amendment of licence on request. (1) A licensee may apply to the Licensing Panel to amend (a) the particulars of the licence; or (b) the conditions attached to the licence. (2) An application under subregulation (1) shall be in writing and shall be submitted to the Licensing Panel. (3) An application under subregulation (1) shall be accompanied by the prescribed fee. (4) Where the Licensing Panel approves the amendment, the Licensing Panel shall amend the licence accordingly and allow the licence to continue to have effect, as amended, until its expiry. 16. Power to amend, etc, conditions of licence. (1) The Licensing Panel may, during the currency of a licence, amend, vary, add to, revoke, suspend or revive any condition attached to the licence or attach new conditions to it and shall notify the licensee accordingly. (2) The Licensing Panel shall, before taking any action under subregulation (1), take into consideration (a) the estimated cost to be incurred by the licensee to comply with the varied or new conditions; and (b) the nature and size of the trade, process or industry being carried out in the business premises. (3) Where under these Regulations a right of appeal is given against the decision of the Licensing Panel amending, varying, adding to or attaching any condition, such condition shall have no effect until the time limited for appeal has expired and, where an appeal is duly made, until the decision of the Licensing Panel has been affirmed. 17. Transfer or assignment of licence. (1) A licence shall not be transferred except with the written approval of the Licensing Panel. (2) An application under subregulation (1) shall be made by the licensee in writing and shall be submitted to the Licensing Panel. (3) An application under subregulation (1) shall be accompanied by the prescribed fee. (4) Where the licensee (a) dies; (b) becomes a bankrupt; (c) is of unsound mind or is otherwise incapable of discharging the licensee's duties; (d) in the case of a company, is wound up; or (e) in the case of a partnership, is dissolved, the Licensing Panel may, on application in writing and on payment of the prescribed fee, by endorsement on the licence and subject to such conditions as it deems fit, assign the licence to a fit and proper person for the benefit of the Licensee or the licensee's estate until the expiration of the licence or such earlier date as the Licensing Panel may deem fit and such person shall be deemed to be the licensee for the purposes of these Regulations. 18. Surrender of licence. (1) A licensee may surrender the licence by forwarding it to the Licensing Panel with a written notice of its surrender. (2) The surrender shall take effect on the date Licensing Panel receives the licence and the notice referred to in subregulation (1), or where a later date is specified in the notice, on that date. (3) The surrender of a licence shall be irrevocable unless it is expressed to take effect on a later date and before that date the Licensing Panel by notice in writing to the licensee allows the surrender to be withdrawn. 19. Partnership in licence. (1) Where a licence is issued to a partnership, all the partners shall be named as licensees in the licence. (2) Where any charge occurs in the partnership, the remaining partners or any of them shall, within one month of such change, inform the Licensing Panel accordingly. (3) Where the Licensing Panel is satisfied that the partnership has not been dissolved and, in the case of an addition of a partner to the partnership, that the new partner is a fit and proper person, the Licensing Panel may amend the licence accordingly and allow the licence to continue to have effect, as amended, until its expiry. (4) An amendment under subregulation (3) shall be deemed to be an amendment, made under regulation 15 and the prescribed fee Shall be paid accordingly. (5) Every partner shall be deemed to be jointly and severally liable for the acts and omissions of the other partners unless the partner proves to the satisfaction of the court that (a) the act or omission was committed without that partner's knowledge, consent or connivance; and (b) the partner took all reasonable precautions and had exercised due diligence to prevent the act or omission. 20. Appeals under Part II. (1) A person aggrieved by the decision of the Licensing Panel under this Part may, within thirty days from the date the decision was communicated to him, appeal to the Licensing Appeal Panel in writing. (2) An appeal under subregulation (1) shall be accompanied by the prescribed fee. (3) The Licensing Appeal Panel may (a) uphold the decision of the Licensing Panel; (b) quash the decision of the Licensing Panel; or (c) substitute for the decision of the Licensing Panel such decision as the Licensing Appeal Panel deems fit. (4) A person aggrieved by the decision of the Licensing Appeal Papal under this Part may, within thirty days from the date the , i4ion was communicated to him, appeal to the Minister in writing. (5) An appeal under subregualtion (4) shall be accompanied by the prescribed fee. (6) The Minister may (a) uphold the decision of the Licensing Appeal Panel; (b) quash the decision of the Licensing Appeal Panel; or (c) substitute for the decision of the Licensing Appeal Panel such decision as the Minister deems fit. (7) The decision of the Minister under subregulation (6) shall be final and shall not be questioned in any court. 21. Compliance with licence. (1) A licensee shall comply with the conditions of the licence. (2) A licensee who contravenes subregulation (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand five hundred ringgit or to imprisonment for a term not exceeding six months or to both. 22. Activities in licensed premises. (1) A licensee shall not (a) carry on any activity other than the activity for which the licence has been issued; and (b) carry on any licensed activity in any premises other than the licensed premises. (2) A licensee who contravenes subregulation (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand five hundred ringgit or to imprisonment for a term not exceeding six months or to both. 23. Exhibition of licence. (1) A licensee shall exhibit the licence, together with every document forming part of the licence, in a conspicuous position in the licensed premises and shall allow the inspection of such premises by an authorised officer. (2) A licensee who contravenes subregulation (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding three months or to both. 24. Notification of change in information furnished. Every licensee and every applicant for a licence, or for the renewal or transfer of a licence, shall, within seven days of the occurrence of any material change in any information furnished in the application or furnished pursuant to a request by the Licensing Panel, inform the Licensing Panel in writing of the change. 25. Continuance of conditions of licence in case of occupancy. Where a person becomes the occupier of licensed premises in succession to another person who holds a yet unexpired licence in respect of the premises, then (a) for fourteen days after the change in occupancy; or (b) where the licensee makes an application for the transfer of the licence to the new occupier under regulation 17 within fourteen days after the change in occupancy, for the period from the change in the occupancy until final determination of the application, the conditions of the licence shall be binding on the new occupier and shall be observed by the new occupier, notwithstanding that the new occupier is not or is not yet the holder of the licence, or that the licence may, during the period specified in paragraph (a) or (b), as the case may be, have expired. 26. Register of Licence. (1) The Board shall keep and maintain a Register of Licences. (2) Every Licensing Panel shall, within one month from the issue of a licence under regulation 12, or any change therein or transfer thereof, inform the Board accordingly together with such particulars as the Board may require. 27. Certificate copy of licence. (1) A licensee may apply in writing to the Director-General for a certificate copy of the licence together with the prescribed fee. (2) An application shall be accompanied by a statutory declaration or police report by the licensee to the effect that the licence issued to the licensee is lost, destroyed or mutilated or by a statement specifying the reasons for the application. (3) The Director-General or an officer of the Board authorised by the Director-General may issue a certified copy of the licence to the applicant if the Director-General or officer is satisfied that the original is lost, destroyed or mutilated or that a certified copy is required for a valid reason. 28. Books of accounts. (1) A licensee shall keep and maintain books of a account in the manner determined by the Board. (2) Books of account shall be kept in either the National language or the English language. 29. Retention of documents. Books of account and documents required to be kept under regulation 28 shall be retained for not less than three years from the date of the last entry or the date of issue, as the case may be. PART III LICENSING PANELS AND LICENSING APPEAL PANEL 30. Licensing Panels. (1) There is established in respect of every zone a Licensing Panel. (2) A Licensing Panel shall consist of the following members: (a) a Chairman of the Licensing Panel; (b) a representative of each of the States or Federal Territories in the zone, to be nominated by the Chief Minister or the Minister of the respective State or Federal Territory, as the case may be; (c) a representative of the Royal Malaysia Police, to be nominated by the Inspector General of Police; (d) two representatives of the rubber producing sector; and (e) two representatives of the rubber trade sector. (3) The Chairman of the Licensing Panel shall be appointed by the Board, with the approval of the Minister. (4) The members of the Licensing Panel, other than the Chairman of the Licensing Panel, shall be appointed by the Board. (5) A member of the Licensing Panel shall be appointed on such terms and conditions as the Board may determine. 31. Licensing Panel to be subject to authority to authority and direction of Board. (1) In discharging its functions, a Licensing Panel shall act under the general authority and direction of the Board. (2) Without prejudice to subregulation (1), the Board may issue directives as to the procedure to be required in respect of the issue of licences and as to the conditions to be imposed on licences. 32. Tenure of office. Subject to such conditions as may be specified in the instrument of appointment, a member of the Licensing Panel shall, unless the member sooner resigns or vacates that member's office or the appointment of the member is sooner revoked, hold office for a term not exceeding two years and is eligible for reappointment. 33. Revocation and resignation. (1) The appointment of any member of the Licensing Panel, other than the Chairman of the Licensing Panel, may at any time be revoked by the Board without assigning any reason therefor. (2) The appointment of the Chairman of the Licensing Panel may at any time be revoked by the Board, with the approval of the Minister, without assigning any reason therefor. (3) A member mat at any time resign that member's office by a written notice addressed to the Chairman of the Board. 34. Procedure of Licensing Panel. (1) Subject to the Act and these Regulations, a Licensing Panel shall determine its own procedure. (2) Notwithstanding subregulation (1), the Board may, for the purpose of promoting uniformity of the procedure of two or more Licensing Panels, determine the procedure to be adopted by a Licensing Panel. 35. Licensing Appeal Panel. (1) There is established for the purposes of regulation 20, a Licensing Appeal Panel. (2) A Licensing Appeal Panel shall consist of three members to be appointed by the Minister, two of whom shall be members of the Board. (3) A person who is a member of the Licensing Panel under regulation 30 shall not be eligible to be appointed under subregulation (2) and shall not be present or in any way participate in any proceedings relating to an appeal from a decision of the Licensing Panel. (4) A decision of the Licensing Appeal Panel may be by a majority. (5) Subject to the Act and these Regulations, a Licensing Appeal Panel shall determine its own procedure. PART IV REGULATION OF THE PACKING, SHIPPING AND EXPORT OF RUBBER, RUBBER PLANTS AND RUBBER PLANTING MATERIALS 36. Prohibition against exporting rubber plant or rubber planting materials without written approval. (1) No person shall export any rubber plant or any rubber planting materials, or any part of any rubber plant or rubber planting materials, which is capable of being used for the propagation or reproduction of rubber plants or rubber planting materials unless the person has obtained the prior written approval of the Minister or the public officer authorised in writing by the Minister. (2) An application for approval under subregulation (1) shall be made by the person intending to export the rubber plant or rubber planting materials, as the case may be. (3) The decision of the Minister or public officer shall be final and shall not be questioned in any court. (4) A person who contravenes subregulation (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both. 37. Prohibition against packing or shipping rubber for export without certificates. (1) No person shall (a) pack rubber for export; or (b) ship rubber for export, unless the person holds a valid certificate issued under regulation 43 to carry on such activity. (2) A person who contravenes subregulation (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both. 38. Prohibition against exporting rubber without certificate and permit. (1) No person shall export rubber unless the person holds (a) a valid certificate issued under regulation 43 to ship rubber for export; and (b) a valid permit to export rubber issued under regulation 41. (2) A person who contravenes subregulation (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both. 39. Rubber to be in shippable condition. (1) All rubber packed or transported for shipment, delivery or consignment shall be packed or transported in good shippable condition in accordance with the current established practice of the rubber trade and in compliance with the requirements of the Board. (2) A person who contravenes subregulation (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 six months or to both. 40. Application for permit. (1) An application for a permit to export rubber referred to in regulation 38 shall be made in Form 5 to the Board and shall be accompanied by the prescribed fee and such information or documents as the Board may require. (2) An application under subregulation (1) may be withdrawn at any time before the permit is issued or refused. (3) Where any information or document required by the Board under subregulation (1) is not provided by the applicant within the time specified in the requirement of any extension thereof granted by the Board, the application shall be deemed to be withdrawn and shall not be further proceeded with, without prejudice to a fresh application being made by the applicant. 41. Issue or refusal of permit. (1) On receipt of an application under regulation 40, the Board may issue the permit in Form 6, with or without conditions, or refuse the permit. (2) The Board shall not issue a permit unless it is satisfied that the applicant holds a valid certificate issued under regulation 43. (3) Where the Board refuses an application, the Board shall notify the applicant in writing of its refusal. (4) The decision of the Board shall be final and shall not be questioned in any court. (5) A permit issued under this regulation shall not be transferable. 42. Application for certificate. (1) An application for a certificate to carry on any of the activities referred to in regulation 37 or 38 shall be made in Form 3 to the Certification Panel. (2) Where the applicant has more than one business premises, the applicant shall apply for a separate certificate for each of the business premises. (3) An application shall be accompanied by the prescribed fee. (4) The applicant shall furnish such information or documents as the Certification Panel may require. (5) An application may be withdrawn at any time before the Certificate is issued or refused. (6) Where any information or document required under subregulation (4) is not provided by the applicant within the time specified in the requirement or any extension thereof granted by the Certification Panel, the application shall be deemed to be withdrawn and shall not be further proceeded with, without prejudice to a fresh application being made by the applicant. 43. Issue or refusal of certificate. (1) The Certification Panel shall, on an application having been duly made in accordance with regulation 42 and after being provided with all such information and documents as it may require, consider the application. (2) After considering the application and the suitability of the applicant for the certificate, the Certification Panel may issue the certificate in Form 7, with or without conditions, or refuse the certificate. (3) Notwithstanding subregulation (2), the Certification Panel shall not issue a certificate if it is satisfied that the issue of the certificate would be contrary to the Act or any regulations made under the Act or would be detrimental to the rubber industry of Malaysia. (4) Where the Certification Panel refuses an application, the Certification Panel shall notify the applicant of the refusal in writing. 44. Duration and renewal of certificate. (1) A certificate shall remain in force for a term not exceeding three years from the date of its issue and may be renewed on application. (2) A certificate holder who desires to renew the certificate shall, not less than one month before the date of the expiration of the certificate or of the subsisting renewal thereof, as the case may be, apply in Form 3 to the Certification Panel, together with the prescribed fee, for a renewal of the certificate. (3) The provisions of regulation 43 shall apply for the purposes of this regulation. (4) Without prejudice to the certificate holder's right to apply for a new certificate, where an application for renewal is made after the expiry of the certificate, the Certification Panel may refuse to renew the certificate. (5) Where an application for renewal of certificate is made by post, the date on the postmark on the envelope shall be deemed to be the date on which the application was made and where the Certification Panel is unable to ascertain the date on the postmark, the application shall be deemed to have been made three days before the date on which such application was received by the Certification Panel. (6) Where an application for renewal of certificate is made electronically, the date on the time stamp attached to the application shall be deemed to be the date on which the application was made and where there is no time-stamp attached or the Certification Panel is unable to ascertain the date on the time-stamp, the application shall be deemed to have been made on the date the application was received by the Certification Panel. 45. Suspension and revocation of certificate. (1) The Certification Panel may, if it is satisfied that any condition attached to a certificate has not been complied with, or that the continuance of the certificate would contravene the Act or any regulations made under the Act, or that any other circumstance exists to warrant such action, call upon the certificate holder to show cause why the certificate should not be revoked or suspended. (2) The Certification Panel shall supply the certificate holder with the particulars of the alleged contravention in writing. (3) The certificate holder may, if the certificate holder so desires, be present at the hearing before the Certification Panel or be represented by a person authorised by the certificate holder in writing. (4) If after the hearing, the Certification Panel is of the opinion that the certificate holder has failed-to show cause, the Certification Panel may suspend or revoke the certificate. (5) The Certification Panel may revoke a certificate issued under regulation 43 if it appears to the Certification Panel that (a) the certificate holds has failed to comply with any obligation imposed upon the certificate holder by or under the Act or any regulations made under the Act; (b) the certificate holder has contravened any condition imposed under the certificate, or any other provision of the certificate, or any provision of the Act or of any regulations made under the Act, regardless that there has been no prosecution for an offence in respect of such contravention; (c) the Certification Panel has, either in connection with the application for the certificate, or at any time after the issue of the certificate, been provided with false, misleading or inaccurate information by or on behalf of the certificate holder; or (d) the certificate holder has ceased to carry on the activity for which the certificate is issued. (6) The Certification Panel shall revoke a certificate issued under regulation 43 if it appears to the Certification Panel that (a) a winding-up order has been made against the certificate holder; or (b) a resolution for its voluntary winding-up has been passed. (7) Where it appears to the Certification Panel that there are grounds on which the Certification Panel's power to revoke a certificate under subregulation (5) are exercisable but that the circumstances are not such as to justify revocation, the Certification Panel may suspend the certificate for a period not exceeding three months. (8) The Certification Panel shall inform the certificate holder of its decision in writing. 46. Amendment of certificate on request. (1) A certificate holder may apply to the Certification Panel to amend (a) the particulars of the certificate; or (b) the conditions attached to the certificate. (2) An application under subregulation (1) shall be in writing and shall be submitted to the Certification Panel. (3) An application under subregulation (1) shall be accompanied by the prescribed fee. (4) Where the Certification Panel approves the amendment, the Certification Panel shall amend the certificate accordingly and allow the certificate to continue to have effect, as amended, until its expiry. 47. Power to amend, etc, conditions of certificate. (1) The Certification Panel may, during the currency of a certificate, amend, vary, add to, revoke, suspend or revive any condition attached to the certificate or attach new conditions to it and shall notify the certificate holder accordingly. (2) The Certification Panel shall, before taking any action under subregulation (1), take into consideration (a) the estimated cost to be incurred by the certificate holder to comply with the varied or new conditions; and (b) the nature and size of the trade, process or industry being carried out in the business premises. (3) Where under these Regulations a right of appeal is given against the decision of the Certification Panel amending, varying, adding to or. attaching any condition, such condition shall have no effect until the time limited for appeal has expired and, where an appeal is duly made, until the decision of the Certification Panel has been affirmed 48. transfer of assignment of certificate. (1) A certificate shall not be transferred except with the written approval of the Certification Panel. (2) An application under subregulation (1) shall be made by the certificate holder in writing and shall be submitted to the Certification Panel. (3) An application under subregulation (1) shall be accompanied by the prescribed fee. (4) Where the certificate holder (a) dies; (b) becomes a bankrupt; (c) is of unsound mind or is otherwise incapable of discharging the certificate holder's duties; (d) in the case of a company, is wound up; or (e) in the case of a partnership, is dissolved, the Certification Panel may, on application in writing and on payment of the prescribed fee, by endorsement on the certificate and subject to such conditions as it deems fit, assign the certificate to a fit and proper person for the benefit of the certificate holder or the certificate holder's estate until the expiration of the certificate or such earlier date as the Certification Panel may deem fit and such person shall be deemed to be the certificate holder for the purposes of these Regulations. 49. Surrender of certificate. (1) A certificate holder may surrender the certificate by forwarding it to the Certification Panel with a written notice of its surrender. (2) The surrender shall take effect on the date the Certification Panel receives the certificate and the notice referred to in subregulation (1), or where a later date is specified in the notice, on that date. (3) The surrender of a certificate shall be irrevocable unless it is expressed to take effect on a later date and before that date the Certification Panel by notice in writing to the certificate holder allows the surrender to be withdrawn. 50. Partnership in certificate. (1) Where a certificate is issued to a partnership, all the partners shall be named as certificate holders in the certificate. (2) Where any change occurs in the partnership, the remaining partners or any of them shall, within one month of such change, inform the Certification Panel accordingly. (3) Where the Certification Panel is satisfied that the partnership has not been dissolved and, in the case of an addition of a partner to the partnership, that the new partner is a fit and proper person, the Certification Panel may amend the certificate accordingly and allow the certificate to continue to have effect, as amended, until its expiry. (4) An amendment under subregulation (3) shall be deemed to be an amendment made under regulation 46 and the prescribed fee shall be paid accordingly. (5) Every partner shall be deemed to be jointly and severally liable for the acts and omissions of the other partners unless the partner proves to the satisfaction of the court that (a) the act or omission was committed without that partner's knowledge, consent or connivance; and (b) the partner took all reasonable precautions and had exercised due diligence to prevent the act or omission. 51. Appeals under Part IV. (1) A person aggrieved by the decision of the Certification Panel under this Part may, within thirty days from the date the decision was communicated to him, appeal to the Certification Appeal Panel in writing. (2) An appeal under subregulation (1) shall be accompanied by the prescribed fee. (3) The Certification Appeal Panel may (a) uphold the decision of the Certification Panel; (b) quash the decision of the Certification Panel; or (c) substitute for the decision of the Certification Panel such decision as the Certification Appeal Panel deems fit. (4) A person aggrieved by the decision of the Certification Appeal Panel under this Part may, within thirty days from the date the decision was communicated to him, appeal to the Minister in writing. (5) An appeal under subregulation (4) shall be accompanied by the prescribed fee. (6) The Minister may (a) uphold the decision of the Certification Appeal Panel; (b) quash the decision of the Certification Appeal Panel; or (c) substitute for the decision of the Certification Appeal Panel such decision as the Minister deems fit. (7) The decision of the Minister under subregulation (6) shall be final and shall not be questioned in any court. 52. Compliance with certificate. (1) A certificate holder shall comply with the conditions of the certificate. (2) A certificate holder shall not carry on any activity other than the activity for which the certificate has been issued. (3) A certificate holder who contravenes subregulation (1) or (2) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand five hundred ringgit or to imprisonment for a term not exceeding six months or to both. 53. Exhibition of certificate. (1) A certificate holder shall exhibit the certificate, together with very document forming part of the certificate, in a conspicuous position in the premises and shall allow the inspection of such premises by an authorised officer. (2) A certificate holder who contravenes subregulation (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding three months or to both. 54. Notification of change in information furnished. Every certificate holder and every applicant for a certificate, or for the renewal or transfer of a certificate, shall, within seven days of the occurrence of any material change in any information furnished in the application or furnished pursuant to a request by the Certification Panel, inform the Certification Panel in writing of the change. 55. Continuance of conditions of certificate in case of change of occupancy. Where a person becomes the occupier of premises in respect of which a certificate has been issued in succession to another person who holds a yet unexpired certificate in respect of the premises, then (a) for fourteen days after the change in occupancy; or (b) where the certificate holder makes an application for the transfer of the certificate to the new occupier under regulation 48 within fourteen days after the change in occupancy, for the period from the change in the occupancy until final determination of the application, the conditions of the certificate shall be binding on the new occupier and shall be observed by the new occupier, notwithstanding that the new occupier is not or is not yet the holder of the certificate, or that the certificate may, during the period specified in paragraph (a) or (b), as the case may be, have expired. 56. Register of Certificates. (1) The Board shall keep and maintain a Register of Certificates. (2) The Certification Panel shall, within one month from the issue of a certificate under regulation 43, or any change therein or transfer thereof, inform the Board accordingly together with such particulars as the Board may require. 57. Satisfaction of requirement for certificate of origin. (1) Where a certificate of origin is required for any rubber produced in and exported from Malaysia, the Board may, on an application in writing, endorse the certificate of origin. (2) An application under subregulation (1) shall be accompanied by the prescribed fee and such information or documents as the Board may require. 58. Certified copy of certificate and certificate of origin. (1) The holder of a certificate or a certificate of origin may apply in writing to the Director General for a certified copy of the certificate or certificate of origin, as the case may be, together with the prescribed fee. (2) An application shall be accompanied by a statutory declaration or police report by the holder of the certificate or certificate of origin, as the case may be, to the effect that the certificate or certificate of origin issued to the holder is lost, destroyed or mutilated or by a statement specifying the reasons for the application. (3) The Director-General or an officer of the Board authorised by the Director-General may issue a certified copy of the certificate or certificate of origin, as the case may be, to the applicant if the Director-General or officer is satisfied that the original is lost, destroyed or mutilated or that a certified copy is required for a valid reason. 59. Prohibition against use of unregistered house symbol, etc. (1) No person shall use any house symbol or other special symbol or mark unless it has been registered with the Board. (2) A person who contravenes subregulation (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 or to both. 60. Registration of house symbol, etc. (1) A certificate holder shall, before using any house symbol or other special symbol or mark, register with the Board (a) the house symbol to be used by the certificate holder together with a description of the grades of rubber to be shipped under the house symbol; and (b) any other special symbols or marks to be used by the certificate holder to indicate a particular grade of rubber and which is accepted by the rubber trade, together with particulars of the grade of rubber to which the symbol or mark refers. (2) For the purposes of subregulation (1), a number may be used as a symbol provided it does not conflict with an established type number. (3) An application to register a house symbol or other special symbol or mark shall be made in writing to the Board and shall be accompanied by the prescribed fee. (4) The applicant shall furnish such information or documents as the Board may require. (5) On receipt of the application the Board shall, subject to subregulations (6), (7) and (8), register the symbol or mark accordingly. (6) The Board may, before and as a condition of registration, impose such conditions, amendments, modifications or limitations as it deems fit. (7) The Board shall not register a house symbol or any other special symbol or mark (a) if the symbol or mark (i) is identical with a symbol or mark already registered to a different certificate holder and entered in the Register of House Symbols; or (ii) so nearly resembles a symbol or mark already registered to a different certificate holder and entered in the Register of House Symbols that the symbol or mark is likely to deceive or cause confusion to the public; or (b) if the symbol or mark contains or comprises any scandalous or offensive matter; or (c) if the use of the symbol or mark would be contrary to law. (8) Where separate applications are made by different persons under subregulation (3) to register house symbols or other special symbols or marks and the symbols or marks to be registered are identical or so nearly resembling each other in respect of the grade of rubber to be shipped under the symbol or mark, the Board may (a) refuse to register any of them until the applicants rights have been determined by the Board or have been settled by agreement inra manner approved by the Board; or (b) approve the registration subject to such conditions, amendments, modifications or limitations as it deems fit. (9) The decision of the Board shall be final and shall not be questioned in any court. (10) The Board shall keep and maintain a Register of House Symbols for the purposes of this regulation. 61. Transfer of house symbol, etc. (1) A house symbol or other special symbol or mark registered under regulation 60 shall not be transferred except with the written approval of the Board. (2) An application under subregulation (1) shall be made in writing by the certificate holder to whom the house symbol or other special symbol or mark is registered and shall be submitted to the Board. (3) An application under subregulation (1) shall be accompanied by the prescribed fee. (4) Where the Board approves the transfer of a registered house symbol or other registered special symbol or mark, the Board shall amend the Register of House Symbols accordingly. 62. Package markings. (1) Every package of rubber for export shall bear the following markings: (a) the packer's certificate number and house symbol; (b) the grade of the rubber contained in the package, which shall be a grade recognised by the rubber trade and approved by the Board; and (c) the shipper's certificate number and house symbol. (2) All markings shall be clear, distinct and non-erasable. (3) Numbers shall be in Arabic numerals. 63. Rubber package to contain only specified grade of rubber. (1) A package of rubber shall only contain the grade. of rubber specified in the markings on the package. (2) A person who contravenes subregulation (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both. (3) For the purposes of this regulation, where a package of rubber is found to contain rubber of a grade other than the grade specified in the markings on the package, the packer shall be deemed to be responsible unless the packer proves otherwise. 64. Rubber export, etc, documents to contain name and certificate number of packer. All document relating to the export, shipment or local delivery of rubber shall contain the name and certificate number of the packer. 65. Books of accounts, etc, to be kept. (1) A certificate holder shall keep and maintain books of account in the manner determined by the Board. (2) Books of account shall be kept in either the national language or the English language. (3) A certificate holder shall keep a written record of the weight and description of all rubber packed for shipment, delivery or consignment or shipped for export, as the case may be. (4) A holder of a certificate to ship rubber for export shall in addition keep copies of all shipping instructions and any other document relevant to the rubber being shipped for export. 66. Retention of documents. Books of account and document required to be kept under regulation 65 shall be retained for not less than three years from the date of the last entry or the date of issue, as the case may be. PART V CERTIFICATION PANEL AND CERTIFICATION APPEAL PANEL 67. Certificate Panel. (1) There is established a Certification Panel which shall consist of the following members: (a) a Chairman of the Certification Panel; (b) a member of the Board, to be nominated by the Chairman of the Board; (c) a representative of the Ministry charged with the responsibility for the rubber industry, to be nominated by the Secretary-General of the Ministry; (d) two representatives of the rubber producing sector; and (e) two representatives of the rubber trade sector. (2) The Chairman of the Certification Panel shall be appointed by the Board, with the approval of the Minister. (3) The members of the Certification Panel, other than the Chairman of the Certification Panel, shall be appointed by the Board. (4) A member of the Certification Panel shall be appointed on such terms and conditions as the Board may determine. (5) Subject to the Act and these Regulations, the Certification Panel shall determine its own procedure. 68. Certification Panel to be subject to authority and direction of Board. (1) In discharging its functions, the Certification Panel shall act under the general authority and direction of the Board. (2) Without prejudice to subregulation (1), the Board may issue directives as to the procedure to be required in respect of the issue of certificates and as to the conditions to be imposed on certificates. 69. Tenure of office. Subject to such conditions as may be specified in the instrument of appointment, a member of the Certification Panel shall, unless the member sooner resigns or vacates that member's office or the appointment of the member is sooner revoked, hold office for a term not exceeding two years and is eligible for reappointment. 70. Revocation and resignation. (1) The appointment of any member of the Certification Panel, other than the Chairman of the Certification Panel, may at any time be revoked by the Board without assigning any reason therefor. (2) The appointment of the Chairman of the Certification Panel may at any time be revoked by the Board, with the approval of the Minister, without assigning any reason therefor. (3) A member may at any time resign that member's office by a written notice addressed to the Chairman of the Board. 71. Certification Appeal Panel. (1) There is established for the purposes of regulation 51, a Certification Appeal Panel. (2) A Certification Appeal Panel shall consist of three members to be appointed by the Minister, two of whom shall be members of the Board. (3) A person who is a member of the Certification Panel under regulation 67 shall not be eligible to be appointed under subregulation (2) and shall not be present or in any way participate in any proceedings relating to an appeal from a decision of the Certification Panel. (4) A decision of the Certification Appeal Panel may be by a majority. (5) Subject to the Act and these Regulations, a Certification Appeal Panel shall determine its own procedure. PART VI GENERAL 72. Requirement to furnish information. (1) In exercise of its functions and powers, the Board may require any person to furnish any information the Board deems necessary and in such manner as it may specify. (2) A person who (a) refuses or neglects to furnish the infatuation required; or (b) knowingly gives information which the person knows or has reason to believe is false or inaccurate, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both. 73. Directives. (1) The Board, with the approval of the Minister, may issue directives to the licensees and certificate holders as to the quantity of rubber that shall be stocked by the licensees and certificate holders for the period specified in the directive. (2) A directive issued under subregulation (1) shall contain such conditions as the Board deems fit. (3) A directive issued under subregulation (1) shall be binding on the licensees and certificate holders. (4) Failure to comply with a directive shall be a ground for the suspension or revocation of, or the refusal to renew, a licence or certificate. 74. General penalty. A person who commits an offence under these Regulations for which no penalty is expressly provided shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both. 75. Abatements and attempts punishable as offence. (1) A person who abets the commission of or who attempts to commit any offence under these Regulations shall be guilty of that offence and shall on conviction be liable to the punishment provided for the offence. (2) A person who does any act preparatory to or in furtherance of the commission of any offence under these Regulations shall be guilty of that offence and shall on conviction be liable to the punishment provided for the offence but any term of imprisonment imposed shall not exceed one half of the maximum term provided for the offence. 76. Revocation. The subsidiary legislation specified in the Fourth Schedule are revoked. FIRST SCHEDULE (Regulation 2) RUBBER PLANTS PART A Plants of the Hevea species: Hevea brasiliensis Hevea benthamiana Hevea guianensis Hevea pauciflora Hevea nitida Hevea spruceana Hevea microphylia Hevea rigidifolia Hevea camporum Hevea camargoana Plants other than of the Hevea species: Castilla species Manihot species Funtumia elastica Londolphia species Ficus elastica Parthenium argentatum (guayule) Taraxacum species Solidago species SECOND SCHEDULE (Regulation 4) FORMS Regulation Form Title 1. Subregulation 9(1) Form 1 Written authority for transport of rubber or rubber planting materials 2. Subregulation 10(1) Form 2 Official receipt 3. Subregulations Form 3 Application for/renewal of 11(1), 13(2), licence/certificate 42(1) and 44(2) 4. Subregulation 12(2) Form 4 Licence 5. Subregulation 40(1) Form 5 Application for Rubber Export Permit 6. Subregulation 41(1) Form 6 Rubber Export Permit 7. Subregulation 43(2) Form 7 Certificate FORM 1 [Regulation 9] MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 MALAYSIAN RUBBER BOARD (LICENSING) REGULATIONS 1997 WRITTEN AUTHORITY FOR TRANSPORT OF RUBBER OR RUBBER PLANTING MATERIALS [Omitted] FORM 2 [Regulation 10] MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 MALAYSIAN RUBBER BOARD (LICENSING) REGULATIONS 1997 OFFICIAL RECEIPT [Omitted] FORM 3 [Regulations 11, 13, 42 and 44] MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 MALAYSIAN RUBBER BOARD (LICENSING) REGULATIONS 1997 APLICATION FOR/RENEWAL OF LICENCE/CERTIFICATE [Omitted] FORM 4 [Regulation 12] MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 MALAYSIAN RUBBER BOARD (LICENSING) REGULATIONS 1997 LICENCE [Omitted] FORM 5 [Regulation 40] MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 MALAYSIAN RUBBER BOARD (LICENSING) REGULATIONS 1997 APPLICATION FOR RUBBER EXPORT PERMIT [Omitted] FORM 6 [Regulation 41] MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 MALAYSIAN RUBBER BOARD (LICENSING) REGULATIONS 1997 RUBBER EXPORT PERMIT [Omitted] FORM 7 [Regulation 43] MALAYSIAN RUBBER BOARD (INCORPORATION) ACT 1996 MALAYSIAN RUBBER BOARD (LICENSING) REGULATIONS 1997 CERTIFICATE THIRD SCHEDULE (Regulation 5) FEES Regulation Matter Fees (RM) 1. Subregulations Application for/renewal of licence 11(3) and 13(2) (per year or part thereof) Category of Activity Licence (a) 'A' Licence (i) To buy rubber 200.00 (ii) To sell rubber 200.00 (b) 'B' Licence To treat rubber 500.00 (c) 'C' Licence To buy rubber for the 500.00 manufacture of rubber products (d) 'D' Licence To germinate, grow, 500.00 plant or transplant rubber planting materials 2. Subregulation Application for 2.50 40(1) Rubber Export Permit per metric tonne 3. Subregulations Application for/renewal of 42(3) and 44(2) certificate (per year or part thereof) Category of Activity Certificate (a) Packer's To pack rubber 300.00 certificate for export (b) Shipper's To ship rubber 500.00 certificate for export 4. Sabregulation Endorsement of certificate 6.00 57(2) of origin per copy 5. Subregulations Amendment of particulars 50.00 per 15(3) and 46(3) in licence or certificate amend ment 6. Subregulations Transfer of licence or 50.00 17(3) and 48(3) certificate 7. Subregulations Assignment of licence 50.00 17(4) and 48(4) or certificate 8. Subregulations Appeal 500.00 20(2) and 51(2) 9. Subregulations Further appeal 1000.00 20(5) and 51(5) 10. Subregulations Certified copy 27(1) and 58(1) (a) licence 10.00 per copy (b) certificate 10.00 per copy (c) certificate of 3.00 origin per copy 11. Subregulation Registration of house 100.00 60(3) symbol or other special symbol or mark 12. Subregulation Transfer of house symbol or 100.00 61(3) other special symbol or mark FOURTH SCHEDULE (Regulation 76) Reference Citation 1. L.N. 656/52 Rubber Shipping and Packing Control Rules 1952 2. L.N. 696/53 Rubber Shipping and Packing Control (Appeal) Rules 1953 3. L.N. 353/61 Exemption under section 41 of the Rubber Supervision Enactment 1937 4. P.U. 207/66 Rubber Export Registration (Exemption) Order 1966 5. P.U. 208/66 Rubber Export Registration (Fees) Order 1966 6. P.U. (A) Malaysian Rubber Exchange and Licensing 446174 Board (Licensing and Supervision) Regulations 1974 7. P.U. (A) Rubber Export Registration Order 1976 364/76 Made 18 December 1997. [KPU (S) 0.2/9/281 Sj. 1 Jld. 2 (39); PN. (PU2) 560/II.] DATO' SERI DR. LIM KENG YAIK, Minister of Primary Industries