Price Control Act · 2023 Revised Edition
9A. Powers of entry, search etc.
Official textFrom Attorney General's Chambers, unchanged
The Price Controller, the Deputy Price Controller, any Price
Controller
“Controller” means the person appointed as Price Controller under the provision of section 3(1);
Inspector, any person authorised in writing by any of them, any officer of
person
“person” includes any trader, manufacturer, producer, commission agent, clearing and forwarding agent and auctioneer;
Customs or any police officer not below the rank of Inspector may —
seize any price-controlled goods or any controlled articles in respect of which he has reasonable grounds for suspecting that an offence against this Act has been committed together with any receptacle, package, conveyance, vessels not exceeding 200 tons net registered tonnage, vehicle or aircraft in or on which the same may have been found or which have been used in connection with the offence (in this section referred to as accompanying appliances)
or which he considers necessary to establish the commission of that offence and may detain such goods or any controlled articles and accompanying appliances pending the commencement of any proceedings against any person for the offence;
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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 or any controlled articles are sold and seize any book, account, 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 thereof or of the records of any transaction duly certified by that person, and may further require that any such book, account or other document be deposited at the office of the Price Controller for examination; and where the same are in a language other than
Malay or English languages may, if he is satisfied that such person can provide or obtain a translation thereof in either of those languages, require such a translation; or
require any person to submit to him samples of any price-controlled goods or any controlled articles in which he deals.
Where any price-controlled goods, any controlled articles or any accompanying appliances have been seized under subsection (1)(a), then —
price-controlled goods
“price-controlled goods” means goods in respect of which — (a) maximum prices have been fixed under section 3B; (b) minimum prices have been fixed under section 3C, and includes services for which a maximum price or a minimum price has been fixed;
if within 30 days of the seizure no proceedings are commenced against any person for an offence alleged to have been committed in relation to those price-controlled goods, controlled articles or accompanying appliances shall be returned to the person from whom they were seized if he can be found and, if otherwise, shall be disposed of as may be directed by a Magistrate; or
if within 30 days of the seizure any such proceedings are commenced against any person, the price-controlled goods, controlled articles or accompanying appliances shall be liable to forfeiture or otherwise disposed of in such manner as the court may direct:
Provided that where any price-controlled goods or controlled articles which have been seized under subsection (1)(a) are of a perishable nature, they may be sold by the order of the Price Controller and this subsection applies to the disposal of the proceeds of the sale in the same manner as it
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would have applied to the disposal of those price-controlled goods or controlled articles if they had not been sold.
Any police officer may, either of his own motion or on information received from the Price Controller or any other person, arrest without warrant upon reasonable suspicion of having committed an offence against this Act, if such 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 purposes of this section, “price-controlled goods” shall include any goods or class of goods in respect of which the Price Controller has prescribed marks or labels to be displayed under section 9B(1).
goods
“goods” includes any foodstuff of any kind, type, quality or brand of foodstuff, all chattels personal other than things in action and money;
Terms defined in s 2
Controller
Defined · s 2“Controller” means the person appointed as Price Controller under the provision of section 3(1);
goods
Defined · s 2“goods” includes any foodstuff of any kind, type, quality or brand of foodstuff, all chattels personal other than things in action and money;
officer of Customs
Defined · s 2“officer of Customs” has the same meaning as in the Customs Order, 2006;
person
Defined · s 2“person” includes any trader, manufacturer, producer, commission agent, clearing and forwarding agent and auctioneer;
Price Inspector
Defined · s 2“Price Inspector” means any person appointed under section 3(2) as a Price Inspector and may include any police officer not below the rank of Inspector, any officer of Customs or so gazetted for the purposes of this Act;
price-controlled goods
Defined · s 2“price-controlled goods” means goods in respect of which — (a) maximum prices have been fixed under section 3B; (b) minimum prices have been fixed under section 3C, and includes services for which a maximum price or a minimum price has been fixed;