CONTROL OF SUPPLIES ACT 1961

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 122 CONTROL OF SUPPLIES ACT 1961 As at 31 May 2022 This text is ONLY AN UPDATED TEXT of the Control of Supplies Act 1961 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 CONTROL OF SUPPLIES ACT 1961 First enacted … … … … 1961 (Act No. 14 of 1961) Revised … … … … 1973 (Act 122 w.e.f. 17 September 1973) Latest amendment made by Act A1652 which came into operation on … … … 31 May 2022 PREVIOUS REPRINTS First Reprint Second Reprint Third Reprint … … … … … … … … … 1995 2000 2006 3 LAWS OF MALAYSIA Act 122 CONTROL OF SUPPLIES ACT 1961 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation 3. Appointment of officers 4. Responsibilities of officers 5. Declaration of controlled and rationed articles 5A. Power to exempt 6. Regulations PART II POWERS OF CONTROLLER 7. Licences to sell controlled articles 8. Power of Controller to obtain information 9. Power of Controller to enter premises 10. Power of arrest, seizure, investigation and prosecution 11. Power of Controller to take possession of controlled articles, vehicles, vessels and other articles 12. Action after taking of possession 12A. Sale of perishable etc., articles 12B. No cost or damages arising from seizure to be recoverable 13. Delegation of powers 4 Laws of Malaysia ACT 122 Section 14. Prohibition against selling greater quantity of controlled articles than required for ordinary use 15. Prohibition of concealment or destruction of controlled article PART III OFFENCES AND PENALTIES 16. Offence to sell controlled articles without a licence 16A. Offence of falsely denying possession of, or refusing to sell, controlled article 17. Retailers to display licence and list of controlled and rationed articles 18. Supply of rationed foodstuffs 19. Illegal conditions 20. Removal of controlled articles from business premises and storage of controlled articles in premises other than licensed business premises, and dealing in controlled articles otherwise than in normal course of business 21. Unlawful possession of controlled articles 22. Penalties 22A. Compounding of offences 23. Saving PART IV MISCELLANEOUS AND REPEAL 24. Minister may appoint Boards and Committees 24A. Information given by accused person admissible in evidence 25. Burden of proof 25A. Proportional examination or testing of articles seized 26. Power of court to confiscate 27. Jurisdiction of courts 28. Joinder of offences 29. Protection of informers 30. Repeal and saving SCHEDULE 5 LAWS OF MALAYSIA Act 122 CONTROL OF SUPPLIES ACT 1961 An Act to provide for the control and rationing of supplies. [Peninsular Malaysia—1 July 1963, L.N. 150/1963; Sabah and Sarawak—5 March 1964, L.N. 80/1964] PART I PRELIMINARY Short title 1. This Act may be cited as the Control of Supplies Act 1961. Interpretation 2. (1) In this Act, unless the context otherwise requires— “animal” includes birds, reptiles, fish and every kind of vertebrate animal and the young thereof, and the eggs of birds, reptiles and fish; “controlled article” means any article or food which has been declared to be a controlled article by an order under section 5, and includes a rationed article; “Controller” means the officer appointed to be the Controller of Supplies under section 3; “food” includes any animal, whether alive or dead, and any substance or commodity, which is used as food by man, or which is used for feeding any animal which serves some purpose for the use of 6 Laws of Malaysia ACT 122 man, whether as food or otherwise, or which ordinarily enters into the composition or preparation of human food or of the food of any such animal; “offence against this Act” includes any contravention of or failure to comply with any order or regulation made under this Act and any contravention of or failure to comply with the terms and conditions of any licence or permit issued or authority granted under this Act or the regulations made thereunder and any failure to comply with any request or direction lawfully made or given thereunder; “premises” includes any house, shop, store, room, shed, conveyance, structure or any place whether opened or closed; “prescribed” means prescribed by the regulations; “rationed article” means any article or food, or any kind, type, quality or brand of article or food which has been declared to be a rationed article by an order made under section 5; “retail dealing” includes every sale of any article or food other than wholesale dealing; “supplies” includes every kind and type of article, food, commodity or thing whatsoever; “supplies officer” means any officer appointed under section 3 other than the Controller of Supplies; “wholesale dealing” means any sale of any article or food in whatever quantity for resale in the same form or state or as part of a manufactured product. (2) (Omitted). Appointment of officers 3. The Yang di-Pertuan Agong may appoint a Controller of Supplies, Deputy Controllers of Supplies, Assistant Controllers of Supplies and such other officers as he may consider necessary or expedient for the purposes of this Act. Control of Supplies 7 Responsibilities of officers 4. (1) The Controller shall, subject to the general direction and control of the Minister, perform the duties and exercise the rights and powers imposed and conferred upon him by this Act. (2) The Deputy Controllers, Assistant Controllers and all other officers appointed under section 3 shall be under the direction and control of the Controller. (3) All officers appointed under section 3 shall be deemed to be public servants for the purposes of the Penal Code [Act 574]. Declaration of controlled and rationed articles 5. The Minister may, by order published in the Gazette, declare, either generally or with reference to some specified part of Malaysia— (a) any article or food to be a controlled article or to be a rationed article or both; or (b) any controlled article or rationed article to be marked with any marking as he may specify. Power to exempt 5A. The Minister may by order exempt, subject to any conditions as he may deem fit to impose, any person or class of persons from all or any of the provisions of this Act or any regulations made thereunder. Regulations 6. (1) The Minister may make regulations generally for carrying into effect the provisions of this Act. (2) Without prejudice to the generality of the powers conferred by subsection (1), any regulations made under this section may provide for— 8 Laws of Malaysia ACT 122 (a) prohibiting, either absolutely or subject to such conditions as may be prescribed, the purchase, sale or barter of any controlled article without the written permission of the Controller; (b) prohibiting, regulating or controlling the import or export of any controlled article; (c) prohibiting, regulating or controlling the movement of any controlled article; (d) limiting wholesale or retail dealing in any controlled article to such persons as shall hold such licences or permits therefor, as the regulations may prescribe; (e) restricting the sale of any controlled article either by any individual or generally by all persons dealing in the article in any manner as the Minister shall deem fit; (f) prohibiting, restricting or otherwise regulating or controlling the manufacture or production of any controlled article either generally or as regards form, shape, quantity, quality, constituents or otherwise; (g) regulating and controlling the rationing of any rationed article and, without prejudice to such general power, providing for the registration of all or any persons, or any class of persons, for the purposes of the rationing and for the issue of registration cards, ration cards and other ration documents; (h) appointing enumerators to enumerate the public for the purposes of registration and rationing; (i) regulating the distribution of any controlled article; (j) regulating and controlling the milling of paddy and the polishing of rice and the sale thereof; (k) limiting the quantity of any controlled article which may be acquired or held by any person or class of persons including providing for the registration of the person or class of Control of Supplies 9 persons, the issuance of user cards by the Controller or any person authorized by the Controller, and the imposition of conditions, fees or charges in respect of the issuance of the user cards; (l) providing for the keeping of books of account and other records relating to any trade or business in the course of which controlled articles are sold, and prescribing the manner in which the books or records shall be disposed of or preserved; (m) prescribing the period and fees to be paid in respect of the issue or renewal of any licence to sell controlled articles; (n) providing for exemption from all or any of the provisions of this Act or any regulations made thereunder; (o) prescribing such forms as he may think necessary for use in connection with any of the matters referred to in the preceding paragraphs; (p) prescribing the offences under this Act which may be compounded, the amount of such compound and the procedure to be followed in compounding; and (q) regulating the marking of any controlled article. PART II POWERS OF CONTROLLER Licences to sell controlled articles 7. (1) The Controller may, subject to this Act or any regulations made thereunder and to such conditions as he may think fit, by written licence authorize any person to sell wholesale or retail any controlled article in any premises or at a place or places specified in the licence. (2) The Controller may issue or renew licences to deal in controlled articles. 10 Laws of Malaysia ACT 122 (3) Every licence issued under this section shall be valid for such period as may be expressed therein and may, subject to any order made by any court under subsection 22(3), be renewed for such further period as the Controller thinks fit. (4) Whenever, under this Act or any regulations made thereunder any person is required to obtain a written licence or permit the person shall, on demand, produce the licence or permit to the Controller or to any police officer or to any supplies officer acting under authority of the Controller and authorized to examine any person or supplies, or to any person designated by the Controller to demand its production, and any person who fails to do so shall be guilty of an offence against this Act. (5) The Controller may at any time, without any reason assigned, vary the conditions of or suspend or revoke or refuse to renew any licence or permit which he may have granted under this Act or any regulations made thereunder. (6) Any person aggrieved by the refusal of the Controller to issue or renew a licence under this section or by any action of the Controller under subsection (5), may appeal against the refusal or action to the Minister, whose decision shall be final. Power of Controller to obtain information 8. (1) The Controller or any supplies officer may by writing under his hand or by notification in the Gazette require any person or class or description of persons or all persons— (a) to furnish him or such public officer as may be specified in the requisition with full and accurate periodical or other returns or information in respect of any supplies specified therein, showing all or any of the following particulars: (i) the quantity thereof in his or their possession or under his or their control; (ii) the cost thereof or expense incurred in respect thereof; Control of Supplies 11 (iii) the price charged or received by him or them therefor; and (iv) any other information which the Controller may deem necessary to request in respect thereof; (b) to produce for