*CONTROL OF SUPPLIES ACT 1961

(Omitted).

Appointment of officers

The Deputy Controllers, Assistant Controllers and all other officers appointed under section 3 shall be under the direction and control of the Controller.

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

any article or food to be a controlled article or to be a rationed article or both; or

any controlled article or rationed article to be marked with any marking as he may specify.

Power to exempt

Without prejudice to the generality of the powers conferred by subsection (1), any regulations made under this section may provide for—

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The Controller may issue or renew licences to deal in controlled articles.

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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.

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.

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.

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

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:

the quantity thereof in his or their possession or under his or their control;

to produce for inspection all or any books or documents relating to any supplies in his or their possession or under his or their control;

to register his or their name and address and such other particulars and in such manner as the Controller may specify; and

to maintain such records or to make such returns containing such particulars relating to the acquisition, disposal, deposit, withdrawal, production, treatment, keeping, storage, movement, transport, distribution, use and consumption of any supplies as the Controller may specify.

Any person to whom a requisition has been made under subsection (1) shall comply therewith within such time as may be specified in the requisition or, if no time is specified, without unnecessary delay.

The Controller or any supplies officer under subsection (1) may impound and detain any book or document produced in compliance with any requisition made under subsection (1) if in his opinion it contains evidence of the commission of an offence against this Act.

Any person who—

Notwithstanding subsection (1), the Controller or any supplies officer may at any reasonable time—

Any owner, occupier or person in charge of any premises entered by any supplies officer pursuant to paragraph (1A)(a), or any person found therein, who does not give to the supplies officer all reasonable assistance in his power or to furnish him with all the

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information as he may reasonably require, shall be guilty of an offence against this Act.

Where, as a result of any inspection and examination made under subsection (1) or (1A), there is any discrepancy between the quantity or quality of any supplies found and any record or return required to be kept or made or any information given in respect of those supplies, the person required to keep the record or to make the return or to give the information shall be guilty of an offence against this Act.

Any supplies officer entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary.

Any person who obstructs or impedes the Controller or any supplies officer in the lawful exercise of any of his powers under this section shall be guilty of an offence against this Act.

Power of arrest, seizure, investigation and prosecution

arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act; and

seize any supplies which he considers it necessary to seize in relation to the evidence necessary to establish the commission of any such offence.

The Controller, supplies officer, police officer not below the rank of Inspector or customs officer making an arrest under paragraph

Every supplies officer, police officer or customs officer when acting against any person under this Act, shall declare his office and shall on demand produce to the person against whom he is acting such

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authority card as the Controller or, in the case of a police officer, the

Inspector General of Police or, in the case of customs officer, the

Director General of Customs may direct to be carried by such officer.

The Controller and any supplies officer authorized in writing by the Controller in that behalf, any police officer not below the rank of Inspector, may in relation to any investigation in respect of any offence against this Act without order of the Public Prosecutor exercise the special powers in relation to police investigations given by the

Criminal Procedure Code in any seizable case.

Any prosecution in respect of an offence against this Act may be conducted by the Controller, a Deputy Controller or other supplies officer, or by any person authorized to conduct prosecutions under the

*Price Control Act 1946 [Act 121].

Power of Controller to take possession of controlled articles, vehicles, vessels and other articles

Any person who obstructs or impedes the Controller or any supplies officer in the lawful exercise of his powers under this section shall be guilty of an offence against this Act.

Action after taking of possession

if it is decided to institute criminal proceedings against any person in respect of an offence against this Act involving the controlled article, the Controller may—

retain the controlled article until the conclusion of those criminal proceedings and, except where the court orders confiscation thereof under section 26, shall dispose thereof in such manner as the court may order; or

if it is otherwise decided, the Controller shall either restore possession to the owner or, instead of restoring possession, pay to the owner of the controlled article the maximum price fixed by any written law in respect of the controlled article or, if no maximum price has been so fixed, the market price of the controlled article, less an amount not exceeding twenty-five per centum of the maximum price or market price, as the case may be, being the expenses certified by the Controller to have been incurred by him in taking possession, storing and restoring possession of the controlled article as aforesaid.

Where, under section 11, possession has been taken of any vehicle, vessel or thing other than a controlled article, then—

is of a perishable or inflammable nature; or

the custody of such controlled article or other article involves unreasonable expense and inconvenience, such controlled article or other article may be sold and the proceeds of sale held to abide by the result of any prosecution or claim under this section.

The Government of Malaysia shall not be liable to any person for any deterioration, howsoever caused, in the quality of any controlled article or other article seized under this Act.

No cost or damages arising from seizure to be recoverable

No delegation under subsection (1) shall be deemed to divest the Controller of any of his powers, duties or functions and he may, if he thinks fit, exercise those powers, duties and functions notwithstanding any such delegation.

falsely denies that he has the article in his possession; or

refuses, except with the permission of the Controller or any supplies officer authorized in that behalf by the Controller in writing, to sell the article in reasonable quantities in the ordinary way of business, shall be guilty of an offence against this Act.

It shall be a defence to a charge under paragraph (1)(b) that the accused had reasonable grounds for believing that the purchaser was unable or unwilling to make immediate payment of the price of the article in cash.

The servant or agent of any holder of a valid licence issued in accordance with section 7 to sell by wholesale or retail any controlled article or the servant or agent of any person exempted from the requirement of holding such a licence shall be deemed to have in his possession a stock of the article if any such article is being kept or stored in the premises where he is employed and if he sells the article on behalf of his employer or principal in the ordinary course of his employment.

Retailers to display licence and list of controlled and rationed articles

the original of the licence; and

a list in the national language, in the Rumi or Jawi script, and in English of the controlled articles or rationed articles sold in that premises or at that place and a translation thereof in any language which the Controller may direct.

Any person who fails or refuses to comply with subsection (1)

shall be guilty of an offence against this Act.

Supply of rationed foodstuffs

For the purposes of this section “household consumption”

means all consumption of food other than food consumed in or supplied by residential establishments, institutions and catering premises and “catering premises” means any business or undertaking established for the purpose of serving meals to the public, and includes a restaurant, coffee stall, buffet, inn, public house or any place or refreshment open to the public, but does not include a hotel or boarding house which provides meals for persons resident therein for more than one day.

Illegal conditions

requiring immediate payment therefor;

prescribing the time within which payment must be made or delivery taken; or

requiring a deposit in respect of sale of any such goods, shall be guilty of an offence against this Act.

Removal of controlled articles from business premises and storage of controlled articles in premises other than premises specified in the licence, and dealing in controlled articles otherwise than in normal course of business

The Controller, any supplies officer or any police officer not below the rank of Inspector, if he suspects that any controlled article is being stored or dealt in in any premises in contravention of this section, may, notwithstanding any law to the contrary for the time being in force, without a search warrant enter upon the premises for the purpose of ascertaining whether or not any such controlled articles are in those premises.

In any prosecution for an offence under this section it shall be sufficient for the prosecution to prove that any controlled article, to the ownership or possession of which the defendant was entitled, was found in premises other than premises specified in the licence or premises approved by the Controller, and the burden of proving that the defendant is not guilty of an offence against this section shall then lie upon the defendant.

Any controlled article found in the course of a search under subsection (2) upon premises other than premises specified in the licence or premises approved by the Controller, in regard to which an

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offence against this section is reasonably suspected to have been committed, may be removed by the Controller, the supplies officer or the police officer not below the rank of Inspector and if not claimed within one month of the removal, may be sold by order of the

Controller, and the proceeds of any such sale shall be paid into the

Consolidated Fund.

Any vehicle, vessel or other article, by means of which an offence has been committed under this section or which is intended to be used for the commission of the offence, may be removed by the

Controller, the supplies officer or the police officer not below the rank of Inspector and, if not claimed within one month of the removal, may be sold or disposed of by the Controller as he thinks fit, and the proceeds of such sale, if any, shall be paid into the Consolidated Fund.

Unlawful possession of controlled articles

Any body corporate which commits an offence against this Act shall, on conviction, be liable to a fine not exceeding two million ringgit and, for a second or subsequent offence, to a fine not exceeding five million ringgit.

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Where any person is convicted of an offence against this Act, the court by which he is so convicted may, whether or not it imposes any other penalty, make an order cancelling any licence issued under this Act or any regulations made thereunder to him, or to any firm of which he is a partner, or to any corporation of which he is a director or officer, and debarring him or the firm or corporation from obtaining a new licence either absolutely or for such period as the court may determine, or may suspend the licence for such period as the court may determine.

Where a person charged with an offence against this Act is a body corporate every person who, at the time of the commission of such offence is a director or officer of that body corporate may be charged jointly in the same proceedings with the body corporate, and where the body corporate is convicted of the offence charged, every such director or officer shall be deemed to be guilty of the offence unless he proves that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission.

Any person who would have been liable for an offence against this Act to any penalty for anything done or omitted if the thing had been done or omitted by him personally, shall be liable to the same penalty if the thing has been done or omitted by his partner, agent or servant, unless he proves that he took reasonable precautions to prevent the doing or omission of such thing.

Compounding of offences

Upon receipt of the payment under subsection (1), no further proceedings shall be taken against such person in respect of such offence and where possession has been taken of any controlled article or any vehicle, vessel or other article or the proceeds of sale of any controlled article under this Act or any regulations made thereunder in

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connection with such offence, such controlled article, vehicle, vessel or other article or the proceeds of sale of any controlled article may be released, subject to such conditions as may be imposed.

Where any person has compounded an offence under this Act or any regulations made thereunder, evidence of the notice of acceptance of the offer to compound shall, on production to any court, be treated as proof of the commission of the offence by that person and of the matters set out therein.

(Deleted by Act A1270).

Saving

No delegation under subsection (1) shall be deemed to divest the Minister of any of his powers or duties and he may, if he thinks fit, exercise those powers and perform those duties notwithstanding any such delegation.

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Information given by accused person admissible in evidence

If it is necessary to test any article which is suspected of being controlled article seized under this Act, it shall be sufficient to test only a sample not exceeding five per centum in volume or weight of the articles examined under subsection (1).

The court shall presume that the articles contained in the unopened packages or receptacles are of the same nature, quantity and quality as those found in the similar packages or receptacles which have been opened.

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Power of court to confiscate

any controlled article, in respect of which the offence has been committed, which has been seized by or has otherwise come into the possession of the Controller or any person acting under his authority;

(aa) any property of the accused, vehicle, vessel or other article, by means of which the offence has been committed or which is intended to be used for the commission of an offence against this Act; or

the proceeds of sale of any such controlled article if it has been sold under section 12.

Where confiscation is ordered under subsection (1), the court shall deliver the controlled article, proceeds of sale, property of the accused, vehicle, vessel or other article confiscated (if not already in possession of the Controller) to the Controller or to any person designated by him, and shall give directions as to their disposal.

Jurisdiction of courts

If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceedings whatsoever contain any entry in which any informer is named or described or which might lead to the discovery of his identity, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to prevent the discovery of the identity of the informer, but no further.

If in any civil or criminal proceedings whatsoever the court, after full enquiry into the case, is of the opinion that the informer wilfully made in any information furnished by him a material statement which he knew or believed to be false or did not believe to be true, or the court is of the opinion that justice cannot be fully done without the discovery of the identity of the informer, it shall be lawful for the court to require the production of the original information, if in writing, and to permit enquiry and require full disclosure concerning the informer.

For the purpose of this section “informer” includes every person who is not called as a witness for the prosecution in a criminal case and who has made any complaint or report or furnished any information, oral or documentary, in respect of any offence against this

Act alleged to have been committed by any person.

Repeal and saving

Notwithstanding the repeal of the Food Control Proclamation

[B.M.A. No. 10] the following provisions shall have effect:

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