Industrial Co-Ordination Order, 2001

1249

"Council" means the Industrial Co-ordination Advisory Council established under subsection (1) of section 12;

"licence" means a licence issued under this Order to engage in any manufacturing activity;

"licensing officer" means any public officer appointed to be a licensing officer under section 4;

"manufacturer" means a person who is engaged in any manufacturing activity;

"manufacturing activity"

includes the making, altering, blending, ornamenting, finishing or otherwise treating or adapting any article or substance, the assembly of parts and ship repairing, but shall not include any trade, business or occupation specified in the Schedule to the Miscellaneous

Licences Act (Chapter 127);

"Minister" means the Minister charged with the responsibility for industrial development;

"product" means any article, thing, substance or service produced as a result of any manufacturing activity.

Licence required for manufacturing activity.

No person shall engage in any manufacturing activity except under and in accordance with a licence issued under this Order.

The Minister may, with the approval of His Majesty the Sultan and Yang

Di-Pertuan, appoint any public officer to be a licensing officer for the purpose of this Order.

Application, issue and conditions of licence.

An application for a licence shall be made in the prescribed form to the licensing officer.

The licensing officer may in his discretion revoke a licence granted to any manufacturer if such manufacturer -

(a} fails to comply with any condition imposed in the licence;

1250

•

•

{b} is no longer engaged in the manufacturing activity in respect of which the license is issued; or

{c}

made any false statement in his application for the licence.

Ill No licence shall be transferable from a licensee to any other person without the prior approval of the licensing officer.

The issue of a licence shall not relieve the manufacturer to whom a licence is issued from complying with any other written law.

Enforcement.

The Minister may by order exempt on such terms and conditions as he shall think fit, any manufacturing activity from all or any of the provisions of this Order.

Establishment and composition of Industrial Co-ordination Advisory Council.

Any person who-fa) being an applicant for the issue of a licence is aggrieved by a refusal to issue such licence;

{b) being the holder of a licence is aggrieved by-ji)

the imposition of any term or condition in his licence;

Any person who fails to comply with or give effect to an order made under subsection (2) of section 14 commits an offence and shall be liable on conviction to a fine not exceeding $10,000, a term of imprisonment not exceeding one year or both, and to a further fine not exceeding $1,000 for every day during which such failure continues.

Liability of certain persons for offences committed by company, partnership or body of persons.

Where an offence under this Order has been committed by a person or a manufacturer being a company, partnership or body of persons, any person who at the time of the commission of the offence was a director, manager or other officer serving in a managerial capacity or a partner of the company, partnership or body of persons or purported to act in such capacity shall afso be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge, consent and connivance and that he had exercised all necessary diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and all prevailing circumstances.

Notwithstanding anything contained in this Order, a person who immediately before the date of commencement of this Order was engaged in any manufacturing activity, shall be entitled to do the same without a licence-

(a}

for a period 12 months beginning from date of commencement of this

Order; or

Di-Pertuan, may make regulations-

1255

{a} providing for application and the form and conditions of any licence granted under this Order, the fees thereof, and the period for which such licence shall be issued;