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Supplies Control Act


Published: 2000

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CAP. 293, SUPPLIES CONTROL ACT BELIZE

SUPPLIES CONTROL ACT

CHAPTER 293

REVISED EDITION 2000

SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner

under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,

Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

SUPPLIES CONTROL ACT 4

Amendments in force as at 31st December, 2000.

BELIZE

SUPPLIES CONTROL ACT

CHAPTER 293

REVISED EDITION 2000

SHOWING THE LAW AS AT 31ST DECEMBER, 2000

This is a revised edition of the law, prepared by the Law Revision Commissioner

under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,

Revised Edition 1980 - 1990.

This edition contains a consolidation of the following laws- Page

ARRANGEMENT OF SECTIONS 3

SUPPLIES CONTROL ACT 4

Amendments in force as at 31st December, 2000.

THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000

Printed by the Government Printer,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Supplies Control [CAP. 293

[ ]

3

CHAPTER 293

SUPPLIES CONTROL

ARRANGEMENT OF SECTIONS

1. Short title.

2. Appointment of Controller of Supplies.

3. Minister may make regulations.

4. Penalties.

5. Limitation does not apply.

6. Costs.

7. Power to impose charges.

8. Evidence.

9. Proof of instruments.

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CHAPTER 293

SUPPLIES CONTROL

[18th May, 1963]

1. This Act may be cited as the Supplies (Control) Act.

2. A Controller of Supplies shall be appointed for the purposes of all

or any of the regulations made in accordance with this Act. The Controller

of Supplies shall be under the control of the Minister charged with

responsibility for Supplies Control.

3.-(1) The Minister may make regulations-

(a) for the appointment of a Controller of Supplies;

(b) for regulating or prohibiting the production, treatment,

keeping, storage, movement, transport, distribution,

exportation, importation, sale, purchase, use or

consumption of articles or goods of any description,

and, in particular, for controlling the prices at which

such articles may be sold;

(c) for regulating the carrying on of any undertaking

engaged in any work specified in such regulations and,

in particular, for controlling the charges which may be

made by the undertakers in respect of the doing of any

work by them;

(d) for requiring persons carrying on, or employed in

connection with, any trade or business specified in any

order, made pursuant to any regulations, to produce to

CAP. 221,

R.E. 1980-1990.

10 of 1963.

40 of 1963.

19 of 1976.

9 of 1985.

22 of 1987. Short title.

Appointment of

Controller of

Supplies.

Minister may

make regulations.

40 of 1963.

9 of 1985.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Supplies Control [CAP. 293

[ ]

5

such person as may be so specified, any books,

accounts or other documents relating to that trade or

business, and for requiring any persons to furnish such

estimates or returns to such person as may be specified

in the order;

(e) for any incidental and supplementary matters necessary

or expedient for the purposes of the regulations,

including the entering and inspection of premises for the

purpose of securing compliance with the regulations or

orders made thereunder;

(f) for prohibiting the doing of anything regulated in

accordance with this Act except under the authority of a

licence granted by the Controller of Supplies;

(g) for fixing penalties subject to section 4 for any

contravention or non-compliance with any regulations;

and

(h) generally for all matters connected with the carrying out

of the provisions of this Act and any regulations made

hereunder.

(2) The Minister may, by regulations, define any term contained in this

Act or in any regulations made hereunder and any definition so made shall

have the same effect as if it were enacted in this Act.

(3) All regulations shall be subject to negative resolution.

4. If any person contravenes or fails to comply with any regulations, or

any order or rule made under any regulations, or any direction given or

requirement imposed under any regulations, he commits an offence and,

Penalties.

19 of 1976.

19 of 1976.

subject to any special provisions contained in the regulations contravened, is

liable on summary conviction to imprisonment for a term not exceeding six

months or to a fine not exceeding one thousand dollars, or to both such term

of imprisonment and such fine.

5. Section 20 of the Summary Jurisdiction (Procedure) Act shall not

apply to a complaint made under this Act.

6.-(1) Upon the conviction of any person for any offence under any

regulations or any order or rule made under any regulations, the magistrate

shall, in addition to any fine or imprisonment imposed under section 4, order

the person convicted to pay costs in such sum as may be certified by the

prosecuting officer in writing before the court as being the costs incurred by

the Government in prosecuting the offence.

(2) The costs ordered to be paid under this section shall not exceed

two hundred dollars in any single prosecution.

7.-(1) The Minister may, by Order published in the Gazette, provide for-

(a) imposing and recovering, in connection with any

scheme of control contained in or authorised by the

regulations, such charges as may be specified in the

Order;

(b) charging, in respect of the grant or issue of any licence,

permit, certificate or other document provided for in

the regulations, such fee as may be specified in the

Order;

(c) imposing and recovering such charges as may be so

prescribed in respect of any service which in pursuance

of the regulations, is provided on behalf of the

Limitation does

not apply.

19 of 1976.

CAP. 99.

Costs.

19 of 1976.

Power to impose

charges.

40 of 1963.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Supplies Control [CAP. 293

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7

Government or under arrangements made on behalf of

the Government other than service necessary for the

performance of any duty imposed by law upon the

Government.

(2) All sums received by way of fees or charges as mentioned in

subsection (1) shall be paid into the Consolidated Revenue Fund, or if the

Minister so directs, be paid into such public fund or account as he may

determine.

(3) Any Order made under or by virtue of this section may be varied

or cancelled by a subsequent Order.

8.-(1) In any proceedings taken or instituted under this Act, any of the

following averments shall be accepted by the court without proof of any such

fact, unless the defendant in such proceedings proves to the contrary-

(a) that any person is a price control officer;

(b) that goods are of a class or description controlled under

some specified provision of the regulations;

(c) that the maximum or minimum permitted price of goods

are as stated in the information or complaint;

(d) that a certain quantity of certain goods are the subject of

sale by “wholesale” or by “retail”, as the case may be;

(e) that certain goods are from a particular shipment or

shipments, or that they were imported on or before a

stated date.

(2) The burden of proving that a case comes within any exception

described in the regulations shall be on the person alleging it.

Evidence.

19 of 1976.

(3) The burden of proving that the price at which goods were sold or

bought, as the case may be, was not in contravention of the price as

regulated or sanctioned by the regulations, shall be on the person alleging it.

(4) When any goods are found on the business premises of any

vendor, the onus of proving that such goods are not on such premises for

the purpose of sale shall be on the vendor.

(5) A cost sheet showing the price of imported goods, the date of

importation, the importer, and all other matters as contained in a cost sheet

under the Third Schedule to the regulations shall be admissible in evidence

without proof of the signature of the Controller of Supplies or a price

control officer, and shall be prima facie evidence of the truth of all matters

contained therein.

(6) A certificate signed by the Controller of Supplies certifying that

goods are of a class or description controlled under some specific provision

of the regulations, and certifying the maximum permitted price thereof, shall

be prima facie evidence in all courts of justice and for all purposes of the

facts certified therein, without the necessity of adducing proof of the

signature appearing on the certificate, and the burden of proving that the

price at which goods were sold or bought, as the case may be, was not in

excess of the price as regulated or sanctioned by the regulations, shall be on

the person alleging it.

(7) Any fact of which oral evidence may be given in any proceeding

under the regulations may be admitted for the purpose of those proceedings

by or on behalf of the prosecution or defendant, and the admission by any

party of any such fact under this section shall as against that party be

conclusive evidence in those proceedings of the fact admitted.

9. Every document purporting to be an instrument made or issued by

any authority or person in pursuance of any provision contained in, or having

effect under, regulations made by virtue of this Act, and to be signed by or

Proof of

instruments.

Third Schedule.

,

No. 1 Power Lane,

Belmopan, by the authority of

the Government of Belize.

Supplies Control [CAP. 293

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on behalf of the authority or person, shall be received in evidence and shall,

until the contrary is proved, be deemed to be an instrument made or issued

by that authority or person; and prima facie evidence of any such instrument

may, in any legal proceedings (including arbitrations) be given by production

of a document purporting to be certified to be a true copy of an instrument

by, or on behalf of the authority or person having power to make or issue the

instrument.

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