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Price Control Act 1946 (Revised 1973)

LAWS OF MALAYSIA

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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

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 ... ... ... ... ... 1995

Second Reprint ... ... ... ... ... 2000

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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 4 Laws of Malaysia ACT 121

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

Section

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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 price- controlled 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; 6 Laws of Malaysia 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.

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(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;

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(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 themannerinwhichthemaximumpriceorchargeshallbeascertained. (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 price- controlled 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.

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(2) 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

6. (1) The Price Controller may, subject to such conditions as he shall think fit, by written licence authorize any person to sell price- controlled 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 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.

(3) 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

8. (1) Any person carrying on retail business in any premises or at any place in respect of which a licence has been issued by the Price Controller under section 6 shall display, in a conspicuous position so that they may be easily read by any person purchasing price- controlled goods in those premises or at that place-- (a) the original of the licence;

(b) 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;

(c) a copy in the national language or in English of section 11; and

(d) 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--

(i) the original of the licence; and

(ii) a list in his own language of the current maximum prices of the price-controlled goods in which he deals.

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(2) 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

9. (1) Any person licensed under section 6 to sell any price- controlled goods of any description, or the servant or agent of any such person, who has in his possession a stock of those goods and who--

(a) falsely denies that he has the goods in his possession; or (b) 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.

(2) 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

10. No person shall, except with the permission of the Price Controller or in such quantities as the Price Controller may specify, purchase any price-controlled goods from any firm of which he is a partner, or from another partner in that firm or from any corporation of which he is a director or officer or from any person of whom he is the agent or servant.

Illegal conditions

11. Any person who, in selling any price-controlled goods, imposes, except with the permission of the Price Controller, any condition of sale other than a condition requiring immediate payment therefor or 12 Laws of Malaysia ACT 121

prescribing the time within which payment must be made or delivery taken, or a condition requiring a deposit in respect of any container of those goods, shall be guilty of an offence against this Act. 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

12. (1) Any person who, with intent to evade this Act, or with intent to prevent the sale of price-controlled goods at lawful prices to customers in the normal course of business, removes any price- controlled goods or causes or permits any price-controlled goods to be removed from any licensed business premises or stores any price- controlled goods or causes or permits any price-controlled goods to be stored in any premises other than licensed business premises or premises approved for such storage by the Price Controller, or who deals in price-controlled goods otherwise than in the normal course of business, shall be guilty of an offence against this Act. (2) 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 searchwarrantenteruponthosepremisesforthepurposeofascertaining whether or not any such goods are in the premises. (3) 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.

(4) 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

13. (1) The Price Controller may, with the approval of the Minister, by order published in the Gazette--

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

(b) prohibit,restrictorcontroltheexportofanyprice-controlled goods;

(c) prescribe marks or labels to be displayed by retailers, wholesalers,importers,manufacturersandproducersrelating 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

(d) prescribe marks or labels to be displayed by retailers, wholesalers,importers,manufacturersandproducersrelating 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.

(2) The Price Controller may--

(a) determinewhatconstitutesawholesaleoraretailtransaction; (b) require by notice in writing any person carrying on any trade or business to furnish orally or in writing and in such form as may be required, any information in relation to the trade or business; or

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(c) prescribe the place in which any price-controlled goods shall be stored.

General powers of Price Controller and other officers

14. (1) The Price Controller, the Deputy Price Controller, any Assistant Price Controller, any person authorized in writing by any of them, or any police officer not below the rank of Sub-Inspector may--

(a) 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; (b) 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;

(c) 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 furtherrequirethatanysuchbook,accountorotherdocument 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

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

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

(a) if, within ninety days of the seizure, no proceedings are instituted against any person for an offence alleged to have been committed in relation to those goods--

(i) the Price Controller shall restore the goods and accompanying appliances to the person from whom

they were seized, if he can be found; or

(ii) if the person from whom the goods were seized cannot be found, the Price Controller shall direct that the matter be referred to a Magistrate for a decision as to the disposal of the goods; or

(b) if, within ninety days of the seizure, proceedings are instituted against any person, an order for the forfeiture or for the release of any goods seized shall be made by the court before which the prosecution with regard thereto has been held:

Provided that where any goods which have been seized under paragraph (1)(a) are of a perishable nature they may be sold by the order of the Price Controller, the Deputy Price Controller or any Assistant Price Controller and this subsection shall apply to the disposal of the proceeds of the sale in the same manner as they would have applied to the disposal of those goods if the goods had not been sold. (3) 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.

(4) 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

15. It shall be an offence against this Act for any person-- (a) 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;

(b) 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;

(c) 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

(d) to fail to comply with any lawful order given under this Act.

Saving

16. No proceedings shall be instituted under this Act against any person duly authorized in that behalf by the Price Controller, the Deputy Price Controller or any Assistant Price Controller where the person has knowingly purchased or offered to purchase price- controlled goods at a price in excess of that fixed therefor by the Price Controller under section 4 or who has paid or offered to pay a charge for the hire of any price-controlled goods or for any service in relation to any price-controlled goods in excess of the charge so fixed for such hire or service, with the intention of procuring evidence for the purpose of prosecuting the seller, the hirer or the person providing the service, for an offence against this Act. Power to conduct prosecutions

17. Prosecutions for offences against this Act may be conducted by the Price Controller, the Deputy Price Controller, an Assistant Price Controller, or any police officer not below the rank of Sub- Inspector, or by such other person as the Public Prosecutor, or the Price Controller, with the consent of the Public Prosecutor, may appoint.

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Compounding of offences

17A. (1) The Price Controller or the Deputy Price Controller may compound any offence under this Act or the regulations which is prescribed to be a compoundable offence by accepting from the person reasonably suspected of having committed such offence a sum of money not exceeding such amount as may be prescribed. (2) 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.

(3) 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

18. (1) The Price Controller may in writing certify-- (a) the maximum price that has been fixed in respect of any price-controlled goods;

(b) the amount of the overcharge involved in any transaction; (c) that any transaction constitutes a wholesale or a retail transaction;

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

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

(2) 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. 18 Laws of Malaysia ACT 121

Information given by accused person admissible in evidence

19. Notwithstanding any law to the contrary for the time being in force, any information given by any person, whether orally or in writing, in compliance or purported compliance with any request made or in response to any question put to him under this Act may be given in evidence in any proceedings against that person for an offenceagainstthisActnotwithstandingthatitmaytendtoincriminate him in respect of the offence with which he is charged. Burden of proof

20. (1) In any proceedings instituted in any court under this Act the production by the person conducting the prosecution of an original invoice, a duplicate invoice proved to have been found in the possession of the seller, or a copy of the invoice certified by the Price Controller, the Deputy Price Controller or any Assistant Price Controller or by the seller to be a true copy, shall, where the person conducting the prosecution so requests, be admitted as prima facie evidence of a sale by the seller and of all the facts stated in the invoice, duplicate invoice or certified copy and, notwithstanding any written law to the contrary, the burden of proving that the sale did not take place or that any facts stated in the original invoice, duplicate invoice or certified copy is not what it is stated to be, shall lie upon the defendant.

(2) 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.

(3) 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

21. In any proceedings against any person for an offence against section 5 it shall be no defence--

(a) 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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(b) 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

22. (1) Any person, other than a body corporate, but including a director or officer of a body corporate, who commits an offence against, or who fails to comply with, this Act shall, on conviction, be liable to a fine not exceeding fifteen thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding twenty-five thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(2) 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. (3) 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.

(4) 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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(5) 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

23. Notwithstanding anything to the contrary contained in any law, a Court of a Magistrate of the First Class shall have jurisdiction to try any offence under this Act and the regulations and to impose the full punishment for any such offence.

Joinder of offences

24. Notwithstanding any written law to the contrary, when a person is accused of more offences than one against this Act he may be charged with and tried at one time for any number of those offences.

Refunds to purchasers

25. Whenever a person has received in respect of any goods which he has sold or hired, or in respect of any service which he has performed in relation to any goods, a sum in excess of the price or charge which is lawful under this Act for the sale or hire of those goods or for the performance of that service, the Price Controller may, irrespective of any action that may have been taken or that may be taken against the person under this Act, order him to pay a sum equal to twice the amount by which the first mentioned sum exceeded the lawful price or charge. Such payment shall be made to the Price Controller who shall refund to the person who purchased the goods or who paid for the hire or service the amount by which the first mentioned sum exceeded the lawful price or charge and such other sum (not exceeding the balance of the sum refunded by the seller) as he may in his absolute discretion consider reasonable and shall pay the balance, if any, into the Consolidated Fund.

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Delegation of powers

26. (1) The Price Controller may in writing delegate any of his powers, duties or functions under this Act except his powers under sections 4 and 13, paragraphs 18 (1)(c) and (e), and section 28 to any Assistant Price Controller or any person approved by the Minister and may at any time revoke the delegation.

(2) No such delegation shall be deemed to divest the Price Controller of any of his powers, duties or functions and he may, if hethinksfit,exercisethosepowers,dutiesorfunctionsnotwithstanding any such delegation.

Revocation of licences

27. (1) The Price Controller may at any time and without assigning any reason therefor revoke or vary any licence or permission which he may have granted under this Act.

(2) 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

28. The Price Controller may prescribe such forms as he may consider necessary for carrying into effect this Act. Regulations

29. (1) The Minister may from time to time make regulations for the proper and effective implementation of any of the provisions of this Act.

(2) Without prejudice to the generality of the foregoing, the Minister may by those regulations--

(a) provide for the keeping of books of account and other records relating to any trade or business in the course of which price-controlled goods are sold;

(b) prescribe the manner in which the books and records shall be disposed of or preserved;

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(c) prescribe the fees to be paid in respect of the issue or renewal of any licence to sell price-controlled goods; (d) provide for such other matters as the Minister may think necessary or expedient in carrying out the objects of this Act; and

(e) prescribe the offences under this Act or the regulations which may be compounded, the amount of such compound and the procedure to be followed in compounding such offences,

and may enable the Price Controller to grant exemptions from the regulations.

Secrecy and penalty

29A. (1) Except for the purposes of this Act or of any criminal proceedings under this Act, no person including any member of the National Advisory Council for Consumers' Protection appointed under section 3 shall disclose any information with respect to any individual business, which has been obtained by him in the course of his duties and which is not published in pursuance of this Act. (2) 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.

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LAWS OF MALAYSIA

Act 121

PRICE CONTROL ACT 1946

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 24 Laws of Malaysia ACT 121

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

LAWS OF MALAYSIA

Act 121

PRICE CONTROL ACT 1946

LIST OF SECTIONS AMENDED

Section Amending authority In force from

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

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

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

Act A894 01-08-1994

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

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

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

Act A222 01-03-1974

Act A894 01-08-1994

3A Act A894 01-08-1994

4 L.N. 207/1957 02-04-1956

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

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

7 Ord. 34/1946 10-12-1946

L.N. 656/1953 05-11-1953

L.N. 207/1957 02-04-1956

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

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

9 Ord. 34/1946 10-12-1946

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

Act A894 01-05-1994

13 Ord. 18/1952 29-05-1952

L.N. 656/1953 05-11-1953

L.N. 207/1957 02-04-1956

Act A222 01-03-1974

Act A286 28-02-1975

14 Act 52/1967 30-09-1967

Act A222 01-03-1974

Act A286 28-02-1975

Act A894 01-08-1994

26 Laws of Malaysia 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

L.N. 656/1953 05-11-1953

L.N. 207/1957 02-04-1956

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

Act A894 01-08-1994

26 Act A894 01-08-1994

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

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

Act A222 01-03-1974

Act A894 01-08-1994

29A Act A222 01-03-1974

Section Amending authority In force from

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA