PRICE CONTROL ACT 1946

any shop, stall, building or place; and

any vehicle or vessel, used for trade;

“prescribed” means prescribed by or under this Act;

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“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.

(Omitted).

Appointment of Price Controller, Deputy Price Controller,

Assistant Price Controllers, etc.

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.

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.

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.

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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.

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.

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

the fixing or control of prices of any goods;

the displaying of marks or labels relating to any goods as required by any order made under subsection 13(1);

the maintenance of stockpile of any goods for the purpose of price stabilization; and

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

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;

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;

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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

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.

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.

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.

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.

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

Any person who purchases or offers to purchase any price-controlled 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

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.

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.

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

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 under paragraph 13 (1) (a) in respect of any goods, the Minister may, by notification in the Gazette, fix such further date as he may think fit and after that date subsection (1) shall apply to any person selling those goods.

For the purposes of subsections (1) and (2) the Minister may fix different dates for different areas.

Seller to display licence and list of prices

the original of the licence;

a list in the national language or in English of the current maximum prices of any price-controlled goods which are sold in those premises or at that place;

a copy in the national language or in English of section 11;

and

a translation of each of the foregoing in any language which the Price Controller, the Deputy Price Controller or any Assistant Price Controller may direct:

Provided that any hawker to whom the Price Controller has issued a licence under section 6 to sell price-controlled goods shall only be required to display—

the original of the licence; and

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

shall be guilty of an offence against this Act.

Offence to refuse to sell price-controlled goods

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

refuses, except with the permission of the Price Controller, to sell the goods in reasonable quantities in the ordinary way of business, shall be guilty of an offence against this Act:

Provided that it shall be a good defence to a charge under paragraph (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 goods in cash.

The servant or agent of any person licensed under section 6 to sell any price-controlled goods shall be deemed to have in his possession a stock of those goods if any such goods are being kept or stored in the premises where he is employed and if he sells the goods on behalf of his employer in the ordinary course of his employment.

Purchase of price-controlled goods by partner or director

The Price Controller, or any person authorized in writing by him, the Deputy Price Controller, any Assistant Price Controller, or

Police Officer not below the rank of Sub-Inspector, if he suspects that any price-controlled goods are being stored, or dealt in, in residential or in any other premises in contravention of this section, may, notwithstanding any written law to the contrary, without a search warrant enter upon those premises for the purpose of ascertaining whether or not any such goods are in the premises.

In any prosecution for an offence under this section it shall be sufficient for the prosecution to prove that price-controlled goods, to the ownership or possession of which the defendant was entitled, were found in premises other than licensed business premises or premises approved by the Price 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 price-controlled goods found, in the course of a search under subsection (2), upon premises other than licensed business premises or premises approved by the Price Controller, in regard to which an offence against this section is reasonably suspected to have been committed, may be removed by the Price Controller, Deputy

Price Control 13

Price Controller, Assistant Price Controller or other person duly authorized to carry out the search; and, if not claimed within one month of the removal, may be sold by order of the Price Controller, and the proceeds of any such sale shall be paid into the Consolidated

Fund. If the goods are of a perishable nature, they may be sold forthwith and the proceeds of the sale shall be retained by the Price

Controller and, if not claimed within one month, shall be paid into the Consolidated Fund.

General powers of the Price Controller

declare any goods or classes of goods to be price-controlled goods;

prohibit, restrict or control the export of any price-controlled goods;

prescribe marks or labels to be displayed by retailers, wholesalers, importers, manufacturers and producers relating to any price-controlled goods in such manner as may be specified in the order, indicating the quality, grade, weight, price, place of origin or date of manufacture of such goods or any other information relating to such goods as the Price

Controlled may require; or

prescribe marks or labels to be displayed by retailers, wholesalers, importers, manufacturers and producers relating to any goods or classes of goods in such manner as may be specified in the order, indicating the quality, grade, weight, price, place of origin or date of manufacture of such goods or any other information relating to such goods as the Price

Controller may require.

The Price Controller may—

seize any price-controlled goods in respect of which he has reasonable grounds for believing that an offence against this Act has been committed together with the containers, vessels, packages, vehicles or other conveyances in or on which the same are found or which have been used in connection with the offence (in this section referred to as

“accompanying appliances”) and may detain the goods and accompanying appliances pending the institution of any proceedings against any person for the offence;

enter and inspect any premises in the occupation or under the control of any person carrying on any trade or business in which price-controlled goods are sold and seize any book, document or other thing found in the premises which may furnish evidence of the commission of an offence against this Act;

examine any book, account, or other document relating to the trade or business of any such person, and require a copy of any such book, account or other document or of the record of any transaction duly certified by that person, and further require that any such book, account or other document be deposited at the office of the Price Controller or Assistant

Price Controller for examination; and, where any such book, account or other document or any record is in a language other than the national language or English may, if he is satisfied that such person can provide a translation thereof in the national language or English, require such a translation; or

require any person to submit to him samples of any price-controlled goods in which he deals.

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Where any price-controlled goods have been seized under paragraph (1)(a), then—

Any Police Officer may, either of his own motion or on information received from the Price Controller or any other person, arrest without warrant any person whom he reasonably suspects, of having committed an offence against this Act, if the person refuses to furnish his name or address or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond.

For the purpose of this section, the expression “price-controlled goods” shall include any goods or classes of goods in respect of which the Price Controller has prescribed marks or labels to be displayed under paragraph 13(1)(d).

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Offence to obstruct authorities

to obstruct any person authorized by this Act to effect an arrest or seize any price-controlled goods or enter and inspect any premises or examine any book, account or other document;

to refuse to produce or wilfully delay in producing any book, account or other document or certified copy or translation thereof or to refuse to furnish any information or to furnish false information upon demand being made by a person authorized by this Act;

to fail, when requested by the Price Controller, the Deputy

Price Controller, or any Assistant Price Controller, to furnish correctly his name and address; or

to fail to comply with any lawful order given under this

Act.

Saving

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 goods or documents, such goods or documents may be released, subject to such conditions as may be imposed.

The power to compound offences under subsection (1) shall be exercised by the Price Controller or the Deputy Price Controller personally.

Certificates admissible as prima facie evidence

the maximum price that has been fixed in respect of any price-controlled goods;

the amount of the overcharge involved in any transaction;

that any transaction constitutes a wholesale or a retail transaction;

that any permission required to be given by any person under this Act has or has not been given; or

that the Price Controller has or has not delegated any specified power to any person under this Act.

The power of the Price Controller to certify any of the matters contained in paragraph (1)(a), (b) or (d) may be exercised by the

Deputy Price Controller or any Assistant Price Controller; and, in any proceedings instituted in any court under this Act, a certificate given under the said provisions signed by the Price Controller, the

Deputy Price Controller or any Assistant Price Controller shall be admitted as prima facie evidence of any fact certified therein and any certificate given under paragraph (1)(c) or (e) and signed by the

Price Controller shall be conclusive of any fact certified therein.

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Information given by accused person admissible in evidence

For the purposes of this section “sale” includes any transaction in respect of which the Price Controller is empowered by section 4

to fix a maximum price or a maximum charge.

In any proceedings instituted in any court under this Act the person conducting the prosecution may, notwithstanding any law to the contrary, call evidence in rebuttal of any evidence given by the defence.

What shall not be a defence

that the defendant purchased any goods in respect of which he is charged at a price exceeding the price fixed therefor under this Act; or

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that any invoice or other document showing the price at which the goods were sold was endorsed to the effect that no responsibility could be accepted in respect of any error or omission in the invoice or document or was endorsed with the letters “E. & O. E.” or any other symbols or letters of a like nature indicating that the statements in the invoice or document were subject to correction.

Penalties

Any body corporate which commits an offence against or fails to comply with this Act shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit and, for a second or subsequent offence, to a fine not exceeding fifty thousand ringgit.

Where any person is convicted of an offence against this Act, the court by which he is so convicted may, in addition to any other penalty, make an order cancelling any licence issued under section 6 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 such firm or corporation from obtaining a new licence either absolutely or for such period as the court may determine, or suspending such 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 the offence, was 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.

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Any person who would have been liable under this Act to any penalty for any act or omission if committed by him personally shall be liable to the same penalty if that act or omission is committed by his partner, agent or servant unless he proves that he took reasonable precautions to prevent the commission of the act or omission.

Jurisdiction to try offences

No such delegation shall be deemed to divest the Price

Controller of any of his powers, duties or functions and he may, if he thinks fit, exercise those powers, duties or functions notwithstanding any such delegation.

Revocation of licences

Any person aggrieved by a decision of the Price Controller under subsection (1) may appeal to the Minister whose decision shall be final and shall not be called in question in any court.

Forms

Without prejudice to the generality of the foregoing, the

Minister may by those regulations—

Any person knowingly contravening subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year.

Price Control 23

Act 121

LIST OF AMENDMENTS

Amending law

Short title

In force from

Ord. 34/1946

Price Control (Amendment)

10-12-1946

Ordinance 1946

Ord. 18/1952

Price Control (Amendment)

29-05-1952

Ordinance 1952

L.N. 654/1953

High Commissioner Order 1953 05-11-1953

L.N. 656/1953

Member of Economic Affairs 05-11-1953

Order 1953

L.N. 42/1954

High Commissioner (Amendment)

04-02-1954

Order 1954

L.N. 111/1954

High Commissioner (Amendment 04-03-1954

No. 2) Order 1954

L.N. 371/1955

Members of the Federal Government 09-08-1955

(Change of Style and Title)

Order 1955

L.N. 207/1957

Minister for Commerce and Industry 02-04-1956

(Transfer of Functions) Order 1957

L.N. 332/1958

Federal Constitution (Modification of 13-11-1958

Laws) (Ordinances and Proclamations)

Order 1958

L.N. 80/1964

Modification of Laws (Price Control 05-03-1964

and Control of Supplies) (Extension)

Order 1964

L.N. 106/1964

Modification of Laws (Price Control 05-03-1964

and Control of Supplies) (Extension)

(No. 2) Order 1964

L.N. 439/1964

Amends copy of 1964 reprint of 17-12-1964

Ordinance

L.N. 462/1964

Corrigendum to L.N. 439/1964 17-12-1964

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Act 52/1967

Price Control (Amendment)

30-09-1967

Act 1967

Act A222

Price Control (Amendment)

01-03-1974

Act 1974

Act A286

Price Control (Amendment)

28-02-1975

Act 1975

Act 160

Malaysian Currency (Ringgit)

29-08-1975

Act 1975

Act A894

Price Control (Amendment)

01-08-1994

Act 1994

Amending law

Short title

In force from

Price Control 25

Act 121

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

L.N. 106/1964 05-03-1964

Act A894 01-08-1994 3

L.N. 654/1953 05-11-1958

Act A894 01-08-1994 3A

Act A894 01-08-1994 4

L.N. 332/1958 13-11-1958 6

L.N. 332/1958 13-11-1958 7

Ord. 34/1946 10-12-1946

L.N. 106/1964 05-03-1964 9

Ord. 34/1946 10-12-1946 12

Act A894 01-05-1994 13

Ord. 18/1952 29-05-1952

Act A286 28-02-1975 14

Act 52/1967 30-09-1967

Act A286 28-02-1975

Act A894 01-08-1994

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ACT 121 15

Act A894 01-08-1994 23

L.N. 80/1964 05-03-1964 17

Act A894 01-08-1994 17A

Act A894 01-08-1994 22

Act A286 28-02-1975

Act 160 29-08-1975 23

L.N. 654/1953 05-11-1953

Act A894 01-08-1994 26

Act A894 01-08-1994 27

L.N. 332/1958 13-11-1958 29

Act A894 01-08-1994 29A

Section

Amending authority

In force from

KUALA LUMPUR