PRICE CONTROL ACT 1946

Price Control LAWS OF MALAYSIA REPRINT Act 121 PRICE CONTROL ACT 1946 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 PRICE CONTROL ACT 1946 First enacted … ... ... ... ... … 1946 (Ordinance No. 26 of 1946) Revised 1973 (Act 121 w.e.f. 17 September 1973) … … … … … ... … PREVIOUS REPRINTS First Reprint ... Second Reprint ... ... ... ... ... ... ... ... ... 1995 2000 3 LAWS OF MALAYSIA Act 121 PRICE CONTROL ACT 1946 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Appointment of Price Controller, Deputy Price Controller, Assistant Price Controllers, etc. 3A. National Advisory Council for Consumers’ Protection 4. Power of Price Controller to fix prices and charges 5. Offence to sell price-controlled goods above fixed prices 6. Licences to sell price-controlled goods 7. Offence to sell price-controlled goods without a licence 8. Seller to display licence and list of prices 9. Offence to refuse to sell price-controlled goods 10. Purchase of price-controlled goods by partner or director 11. Illegal conditions 12. Removal of price-controlled goods from business premises and storage of price-controlled goods in premises other than licensed business premises. Dealing in price-controlled goods otherwise than in normal course of business 13. General powers of the Price Controller 14. General powers of Price Controller and other officers 15. Offence to obstruct authorities 16. Saving 17. Power to conduct prosecutions 17A. Compounding of offences 18. Certificates admissible as prima facie evidence 19. Information given by accused person admissible in evidence 20. Burden of proof 21. What shall not be a defence Laws of Malaysia 4 Section 22. Penalties 23. Jurisdiction to try offences 24. Joinder of offences 25. Refunds to purchasers 26. Delegation of powers 27. Revocation of licences 28. Forms 29. Regulations 29A. Secrecy and penalty ACT 121 Price Control 5 LAWS OF MALAYSIA Act 121 PRICE CONTROL ACT 1946 An Act to provide for the control of prices. [Peninsular Malaysia—1 October 1946; Sabah and Sarawak—5 March 1964, L.N. 80/1964] Short title 1. This Act may be cited as the Price Control Act 1946. Interpretation 2. (1) In this Act, unless it is otherwise expressly provided or the context otherwise requires— “goods” includes all chattels personal other than things in action and money; “hire purchase agreement” means an agreement under which goods are delivered to a person and which provides for the passing of the ownership of those goods when certain payments exceeding two in number, prescribed in the agreement, have been made; “licensed business premises” means premises in which any person is authorized by licence issued under section 6 to sell any pricecontrolled goods; “maximum price” means the maximum price at which goods may be sold under this Act; “premises” includes— (a) any shop, stall, building or place; and (b) any vehicle or vessel, used for trade; “prescribed” means prescribed by or under this Act; Laws of Malaysia 6 ACT 121 “price-controlled goods” includes goods in respect of which maximum prices have been fixed under section 4, goods in respect of which maximum charges for the hire thereof or for the performance of any service in relation thereto have been fixed under that section and goods which the Price Controller, under section 13, has declared to be price-controlled goods; “sale” includes a sale of goods by an agent on behalf of his principal or by a servant on behalf of his employer, and a sale of goods on commission or on consignment for sale and includes an agreement to sell and an offer to sell; and “sell” has a corresponding meaning; and an offer to sell shall be deemed to include the exposing of goods for sale, the publication of a price list, the furnishing of a quotation or any other act or notification whatsoever by which willingness to enter into any transaction of sale is expressed; “the regulations” means the regulations made under this Act. (2) (Omitted). Appointment of Price Controller, Deputy Price Controller, Assistant Price Controllers, etc. 3. (1) The Minister may appoint, from amongst public officers, a Price Controller, a Deputy Price Controller and such number of Assistant Price Controllers and other officers as may be necessary for the purposes of this Act and the regulations. (2) The Price Controller shall, subject to the general direction and control of the Minister, perform the duties and functions imposed and exercise the powers conferred upon him under this Act and the regulations. (3) The Deputy Price Controller, Assistant Price Controllers and other officers appointed under subsection (1) shall be under the direction and control of the Price Controller. (4) Except as provided in subsection (5), the Deputy Price Controller may perform all the duties and functions imposed and exercise all the powers conferred upon the Price Controller under this Act. Price Control 7 (5) The duties and functions to be performed and the powers to be exercised by the Price Controller under sections 4 and 13, paragraphs 18(1)(c) and (e) and section 28 shall be performed and exercised by the Price Controller personally. (6) The Price Controller or Deputy Price Controller may perform all the duties and functions imposed and exercise all the powers conferred upon an Assistant Price Controller under this Act or the regulations. (7) All officers appointed under this section shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. National Advisory Council for Consumers’ Protection 3A. The Minister may establish a National Advisory Council for Consumers’ Protection consisting of such representatives of business, government and other organisations as he may appoint to advise him on the following matters: (a) the fixing or control of prices of any goods; (b) the displaying of marks or labels relating to any goods as required by any order made under subsection 13(1); (c) the maintenance of stockpile of any goods for the purpose of price stabilization; and (d) any other matters which may be referred to it by the Minister for the proper and effective implementation of this Act. Power of Price Controller to fix prices and charges 4. (1) The Price Controller may, with the approval of the Minister, from time to time by order published in the Gazette— (a) fix maximum prices, either wholesale or retail, which may include charges for delivery, for the sale of any goods or of any quantity of any goods; (b) fix the maximum charge that may be made by any person for any service in relation to the supply, repair, maintenance, packing, carriage or storage of goods, which shall include the provision of such materials as may be specified in the order; 8 Laws of Malaysia ACT 121 (c) fix the maximum charge that may be made for the hire of any goods and the maximum total price, including any charge in respect of interest or hire, for any goods the subject of hire purchase agreements; and (d) fix the maximum price of any second-hand goods, whether for sale by persons who trade in those goods, or by the private owners of those goods, either by declaring the maximum price or charge or by prescribing the manner in which the maximum price or charge shall be ascertained. (2) The Price Controller may fix a maximum price or a hire charge or a charge for services in respect of any goods for one area which differs from the maximum price or the hire charge or the charge for services fixed for another area in respect of like or similar goods, and may fix special maximum prices for the sale of relief supplies or any other goods not procured in the ordinary course of trade or not intended to be sold to the general public in the ordinary course of trade. (3) The Price Controller may fix the amount of the deposit which any person, selling any price-controlled goods subject to the condition that the container of those goods is to be returned, may require in respect of the container, and may prescribe the amount, which that person shall, on the return of the container, refund to the person by whom the container is returned and the conditions subject to which the refund shall become payable. (4) The maximum price of price-controlled goods shall be deemed to include any sum payable or paid as consideration for an option to purchase the goods. (5) All courts and any person to whom an appeal lies under this Act, shall take judicial notice of notifications published in the Gazette under this section. Offence to sell price-controlled goods above fixed prices 5. (1) Any person who sells any price-controlled goods at a price or performs or offers to perform any service in relation to any pricecontrolled goods or hires or offers to hire any price-controlled goods at a charge which exceeds the maximum price or charge fixed therefor by the Price Controller under section 4 shall be guilty of an offence against this Act. Price Control 9 (2) Any person who purchases or offers to purchase any pricecontrolled goods at a price, or who knowingly pays or offers to pay for the hire of any price-controlled goods or for the performance of any service in relation to any price-controlled goods a charge, which exceeds the price or charge fixed therefor by the Price Controller under section 4 shall be guilty of an offence against this Act. Licences to sell price-controlled goods 6. (1) The Price Controller may, subject to such conditions as he shall think fit, by written licence authorize any person to sell pricecontrolled goods or any particular class of price-controlled goods in any premises or at any place specified in the licence. (2) Every licence issued by the Price Controller under subsection (1) shall be valid for such period, not exceeding one year, as may be expressed therein and may, subject to any order made by any court under subsection 22(3) be renewed on payment of the prescribed fee for such further period not exceeding one year as the Price Controller thinks fit. (3) The Price Controller may authorize any person who owns or who has his possession or under his control more than one place of business to sell price-controlled goods at one or more of those places of business and shall issue a separate licence subject to such conditions as he shall think fit, on payment of the prescribed fee in respect of every place of business at which he authorizes the goods to be sold. (4) Any person aggrieved by a refusal of the Price Controller to issue or renew a licence under this section may appeal against the refusal to the State Authority of the State in which the place of business is situate and the decision of the State Authority shall be final and shall not be called in question in any court. Offence to sell price-controlled goods without a licence 7. (1) After such date as may be fixed for the area concerned by the Minister by notification in the Gazette any person, who, not being in possession of a valid licence issued in accordance with section 6, either on his own behalf or on behalf of any body corporate of which he is a director or officer or on behalf of any firm of which he is a 10 Laws of Malaysia ACT 121 partner, sells any price-controlled goods or who, being in possession of such a licence, sells any price-controlled goods other than those specified in the licence or who sells any price-controlled goods in any premises or at any place other than the premises or place specified in the licence, or who sells any price-controlled goods contrary to any condition expressed in the licence, shall be guilty of an offence against this Act. (2) Where, after the date fixed by the Minister in accordance with subsection (1), the Price Controller exercises any of his powers under section 4 or und