Price Control and Anti-Profiteering Act 2011 · Updated to 1 Nov 2018 · Chapter 3
35. Forfeiture of goods
Official textFrom Laws of Malaysia Online, unchanged
All goods seized in exercise of any power conferred under this Act shall be liable to forfeiture.
goods
“goods” means property of every kind, whether tangible or intangible, whether moveable or immoveable, but excludes money and choses-in-action;
An order for the forfeiture or for the release of any goods seized in exercise of any power conferred under this Act shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the goods shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the goods were the subject matter of or were used in the commission of the offence notwithstanding that no person may have been convicted of such offence.
If there be no prosecution with regard to any goods seized in exercise of any power conferred under this Act, such goods shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless a claim thereto is made before the date in the manner hereinafter set forth.
Any person asserting that he is the owner of such goods and that they are not liable to forfeiture may personally or by his agent authorised in writing give written notice to an Assistant
Controller that he claims the same.
On receipt of such notice the Assistant Controller shall refer the claim to the Controller who may direct that such goods be released or may direct the Assistant Controller to refer the matter to a court for decision.
Assistant Controller
“Assistant Controller” means an Assistant Price Controller appointed under section 3; Price Control and Anti-Profiteering 9
Price Control and Anti-Profiteering 27
price
“price” means any amount of money or any form of consideration given in exchange for any goods;
The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the goods and the person from whom they were seized to appear before it and upon his appearance or default to appear, due service of the summons being proved, the court shall proceed to the examination of the matter and on proof that an offence under this Act has been committed and that such goods were the subject matter or were used in the commission of such offence shall order the same to be forfeited or may in the absence of such proof order their release.
service
“service” means anything done or to be done including the granting, assignment or surrender of any right or the making available of any facility or advantage, but excludes supply of goods or money;
All things forfeited or deemed to be forfeited shall be delivered to the Assistant Controller and shall be disposed of in accordance with the directions of the Controller.
Terms defined in s 2
Assistant Controller
Defined · s 2“Assistant Controller” means an Assistant Price Controller appointed under section 3; Price Control and Anti-Profiteering 9
goods
Defined · s 2“goods” means property of every kind, whether tangible or intangible, whether moveable or immoveable, but excludes money and choses-in-action;
price
Defined · s 2“price” means any amount of money or any form of consideration given in exchange for any goods;
service
Defined · s 2“service” means anything done or to be done including the granting, assignment or surrender of any right or the making available of any facility or advantage, but excludes supply of goods or money;
Part VII
Price Advisory Council
Part VIII