* Price Control And Anti-Profiteering Act 2011

Original Language Title: * Price Control and Anti-Profiteering Act 2011

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Road Transport 1 laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES 723 PRICE CONTROL ACT Act and ANTI-PROFITEERING 2011 As at 1 January 2015 2 PRICE CONTROL ACT and ANTI-PROFITEERING 2011 date of Assent............ 24 January 2011 date of publication in the Gazette......... January 27, 2011 last amended through Act A1464 which commence on............ 1st September 2014 3 laws of MALAYSIA Act 723 PRICE CONTROL ACT and ANTI-PROFITEERING 2011 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation 3. Appointment of Controller price, Deputy Controller price, Assistant Controller of Prices, etc.

PART II PRICING and CHARGES 4. Power of Controller to determine the price of goods 5. Power of Controller to determine the charges for services 6. Power of Controller to determine the price or charge by area 7. Power of Controller to determine the amount of deposits 8. The specified prices include tax 9. The seller shall display list price 10. Price marking order 10A. The prices or charges can not include certain items PART III ERROR 11. Offence to sell controlled goods, provide controlled charges, etc., other than by price or charges determined 4 laws of Malaysia ACT 723 section 12. Offence to purchase controlled goods or obtain service charges under control, etc., other than by price or charges determined 13. Conditions is unlawful PART IV ANTI-PROFITEERING 14. Error mencatut 15. Mechanisms determining unreasonable high profits 16. Offer to sell 17. Offer supply part V PENALTY 18. Penalties PART VI INVESTIGATION and ENFORCEMENT Chapter 1 investigation and complaints 19. Investigation by the Assistant Controller 20. Complaint to the Assistant Controller Chapter 2 Powers gather information 21. Power Assistant Controller to require provision of information 22. Assistant Controller can retain documents price control and anti-profiteering 5 section 23. Access to a record 24. Confidentiality 25. Protected communications 26. Provide information, evidence or false or misleading documents 27. Concealment, destruction, and alteration records the whole chapter 3 the power of search and seizure 28. Access to a place or premises 29. Power to enter premises with a search warrant 30. The power to enter and search and seize without warrant 31. Access to information berekod, computerized data, etc.
32. The provision of information 33. A warrant is admissible even if flawed 34. List of things seized 35. Forfeiture of goods 36. The release of a thing seized 37. Seizure of goods easily destroyed 38. There are no costs or damages arising from seizure can be retrieved back 39. Hurdle 40. Powers of investigation by police officer PART VII ADVISORY COUNCIL PRICE 41. The Advisory Council Price 42. Membership of the Council's 43. Temporary exercise of functions of Chairman of the 6 laws of Malaysia ACT 44 Section 723. Vacation of post 45. Revocation of appointment of 46. The resignation of the 47. Fill 48. Secretary to the Council and other officers 49. An allowance of 50. 51 meetings. The Council may invite others to meetings 52. Validity of acts and proceedings 53. Regulations relating to Council 53A. Duty to keep records of PART VIII GENERAL 54. Jurisdiction to try offences 55. Reward for information on 56. An initial prosecution 57. General penalty 58. Compounding of offences 59. Offences by body corporate 60. Power of Minister to make regulations 60A. The power to amend Table 61. Public authorities Protection Act 1948 62. Protection officers and 63 other people. Savings and transitional table 7 laws of MALAYSIA Act 723 PRICE CONTROL ACT and ANTI-PROFITEERING 2011 an act to regulate the price of goods and services and prohibits charges for pencatutan and to provide on matters related or incidental thereto.

[1st April 2011; P.u. (B) 146/2011] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the price control and anti-profiteering Act 2011.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette and the Minister may set different dates for the commencement of different provisions in this Act.


Interpretation 2. In this Act, unless the context otherwise requires — "this Act" includes any subsidiary legislation made under this Act;

8 laws of Malaysia ACT 723 "goods" means every type of property, whether tangible or intangible, whether movable or immovable, but does not include money and rights in action;

"controlled goods" means the goods in respect of which the maximum or minimum prices fixed or determined under section 4;

"charges" means any sum of money or any form of consideration given in Exchange for such service;

"prescribed" means prescribed by regulations made under this Act;

"electronic" means technology that uses electricity, optical, magnetic, electromagnetic, biometrics, Photonics or such other technology;

"price" means any sum of money or any form of consideration given in Exchange for such goods;

"sale" includes a sale of goods by an agent on behalf of their principal or by a servants on behalf of his employer, a sale of goods by commissions or consignment for sales and an agreement to sell and an offer to sell;

"supply" by any means, including through electronic transactions — (a) in relation to goods, means the supply, including the supply, by sale, Exchange, lease, hire or hire purchase that stuff;
and (b) in relation to services, means of procurement in the sale, provision or supply of such services;

Price control and anti-profiteering 9


"Minister" means the Minister charged with the responsibility for domestic trade and Consumer Affairs;

"authorised officer" means any public officer or local authorities officers authorized under subsection 3 (6);

"Controller" means the controller of Price appointed under section 3;

"The Assistant Controller" means the Assistant Controller price appointed under section 3;

"service" means anything done or to be done including the grant, assignment or surrender of any right or provision of any facilities or benefits, but shall not include the supply of goods or money;

"controlled charge service" means the services in respect of which charges a maximum or a minimum fixed or determined under section 5;

"premises" means any place, moving or otherwise, established or erected by any person, whether the place with or without an enclosure, and includes vehicles, aircraft, ships and any other vessels;

"The Deputy Controller" means the Deputy Controller price appointed under section 3.


Appointment of Controller price, Deputy Controller price, Assistant Controller of Prices, etc.

3. (1) the Minister may appoint, from amongst public officers, a Price Controller, any number of Deputy Controller of prices and such number of Assistant Controller of prices and other officers as may be necessary for the purposes of this Act.

10 laws of Malaysia ACT 723 (2) Controller Price shall, subject to the direction and control of the General Minister, carrying out the duties imposed and exercise of the powers conferred upon him under this Act.

(3) Deputy Controller price, Assistant Controller of prices and other officers appointed under subsection (1) shall be under the direction and control of a price Controller.

(4) except as provided in section 4, 5, 6 and 7, Deputy Controller Price may perform all the duties imposed on and perform all the powers granted to the controller of Prices under this Act.

(5) the controller and Deputy Controller Price Price may perform all the duties imposed on and perform all the powers granted to the Assistant Controller of Prices under this Act.

(6) the Minister may authorize any public officer or officer of the local authority to exercise all or any powers under this Act.

(7) all officers appointed under this section shall be deemed to be public servants within the meaning of the Penal Code [Act 574].


PART II PRICING and Power CHARGE Controller to determine the price of the product 4. Controller may, with the approval of the Minister, by order published in the Gazette, determine the minimum or maximum price, fixed for the manufacture, production, wholesale or retail trade — (a) any goods;

(b) any class or certain classes of goods; and price control and anti-profiteering 11 (c) of any unit or quantity of any goods, which can include charges for any services relating to the supply, delivery, repair, maintenance, packaging, carriage or storage of the goods.


Power of Controller to determine the charges for services 5. Controller may, with the approval of the Minister, by order published in the Gazette, determine the minimum or maximum charges, fixed for — (a) any service;

(b) any class or certain classes of service; and (c) any unit or quantity of any services.


Power of Controller to determine the price or charge by area 6. The controller, in determining the price of the goods or charge for the service under section 4 or 5, shall determine the prices or different charges for different areas in respect of the goods or services of the same or similar.


Power of Controller to determine the amount of deposit 7. The controller can determine the amount of the deposit of any person, who sell any controlled goods subject to the condition that the goods to be returned containers, may require with respect to the former, and may determine the amount of such persons shall, when the container is returned, the refund to those who return the containers and conditions subject to him the refund due.
12 laws of Malaysia ACT 723 price including tax 8. If the prices of any goods or charges for any service specified under this section, the prices or charges shall include all taxes, duties and any other government charges.


The seller shall display list price 9. (1) any person who offers to sell any controlled goods or offers to supply any service charges under control shall display list price for controlled goods or charge for service charges under control in a position to see a readable by any person proposing to purchase the goods or services.

(2) Notwithstanding subsection (1), if it is not practical to show the list price or charges as required under subsection (1), list price or charges shall be displayed in the manner determined by the Controller.

(3) any person who fails to comply with subsection (1) or (2) commits an offence.


Price marking order 10. (1) where it appears at Minister is necessary or expedient that any goods or services to be supplied should be marked with or accompanied by any information concerning the price of the goods or charge for the service, the Minister may, by order published in the Gazette, impose requirements so that the goods or services marked with or included with any information and requirements that can cover the nature and the manner in which that information must be given.

Price control and anti-profiteering 13 (2) the Minister may prescribe the penalties to a fine not exceeding one hundred thousand dollars for breach or non-compliance with the provisions of the order.


The prices or charges can not include certain items 10A. (1) any person who supplies or offers to supply any goods or services not be able to enter the details specified in the schedule as part of the price for the goods or charge for that service.

(2) any person who fails to comply with subsection (1)

commits an offence and shall, on conviction — (a) if the person is a body corporate, to a fine not exceeding five hundred thousand dollars and, for the second time or subsequent, liable to a fine not exceeding one million dollars; or (b) if that person not being a body corporate, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both and, for the second time or subsequent, liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

PART III the OFFENCE Offence for selling controlled goods, provide controlled charges, etc., other than by price or charges determined 11. Any person who sells or offers to sell any controlled goods or providing or 14 laws of Malaysia ACT 723 offers to provide any service charges under control or collect deposits other than by price or charges determined by the Controller under section 4, 5 or 7 commits an offence.


Offence to purchase controlled goods or obtain service charges under control, etc., other than by price or charges determined 12. (1) any person who purchase or offer to purchase any controlled goods or acquire or offer to acquire any service charges under control other than by price or charges determined by the Controller under section 4, 5 or 7 commits an offence.

(2) in any proceedings for an offence under subsection (1), be a defence for the person charged to prove that he did not have the knowledge and act in good faith in purchasing or offering to purchase any controlled goods or acquire or offer to acquire any service charges under control at the prices or charges other than by price or charges determined by the Controller.


Conditions illegal 13. Any person who, in selling any controlled goods or in providing any controlled service, impose such conditions in relation to the sales price of the goods or the service charges for other conditions — (i) requiring immediate payment thereof;
(ii) which set the period in which payment is to be made or delivery shall be taken or services shall be provided; or (iii) requiring a deposit in respect of any container for the goods, price control and anti-profiteering 15 commits an offence.

PART IV of the ANTI-PROFITEERING Error mencatut 14. (1) any person who, in the course of trade or business, the mencatut sell or offer to sell or supply or offer to supply any goods or services commits an offence.

(2) for the purposes of this Act, "mencatut" means making unreasonable high profits.


Mechanisms determining unreasonable high profits 15. (1) the Minister shall establish a mechanism for determining unreasonable high profits and different types of mechanisms can be set to meet circumstances and different circumstances as the Minister thinks fit.

(1A) the mechanism for determining unreasonable high profits referred to in subsection (1) shall include the Minister specifies a certain period there should be no increase in the net profit margin for any goods or services.

(2) in formulating mechanisms under subsection (1), the Minister may consider the following: (a) any imposition of tax;

(b) the cost of the supplier;

16 laws of Malaysia ACT 723 (ba) any costs incurred in the conduct or continuation of the business;

(c) the State of supply and demand;

(d) the nature and circumstances of geographic or product market;
or (e) any other matters relating to the price of goods or charges for the service.


Offer to sell 16. For the purposes of this Act, an offer to sell shall be deemed to include exposing goods for sale, the publication price list, submission of quotation for any goods or services or any act or other notification with it needs to make any sales transaction stated.

The offer provides 17. For the purposes of this Act — (a) in relation to the goods, any person who discloses the goods for supply or have goods in his possession for supply; or (b) in connection with the service, someone who advertise the service, shall be deemed to offer or supply it.






Price control and anti-profiteering 17 part V PENALTY Penalties 18. Any person who commits any offence under part III or part IV shall, on conviction — (a) if the person is a body corporate, to a fine not exceeding five hundred thousand dollars and, for the second time or subsequent, liable to a fine not exceeding one million dollars; or (b) if that person not being a body corporate, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both and, for the second time or subsequent, liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or both.


PART VI INVESTIGATION and ENFORCEMENT Bab I investigation and complaint Investigation by the Assistant Guard 19. If the Assistant Controller has reasonable grounds to suspect that any offence is or will be made under this Act, then Assistant Controller may conduct any investigations it may deem expedient for the proper administration of this Act.

18 laws of Malaysia ACT 723 Complaints to the Assistant Controller 20. (1) the Assistant Controllers shall, on getting complaints from someone, to carry out an investigation on any person who has or is guilty of any offence under this Act.
(2) the complaint shall state the person against whom the complaint is made and the details of the alleged offence under this Act.

Chapter 2 Powers gather information Power Assistant Controller to require provision of information

21. (1) This section shall apply to a person if the Assistant Controller, in carrying out an investigation under this part has reason to believe that such person — (a) have any information (including, but not limited to, records, accounts and computerised data) or any document relating to the implementation of the powers and functions of the Assistant Controller under this Act;
or (b) is able to provide any evidence that the Assistant Controller has reason to believe is related to the implementation of the powers and functions of the Assistant Controller under this Act.

(2) Notwithstanding the provisions of any other written law, Assistant Controller, by written notice, may order any person — (a) to provide the Assistant Controller, within the time and in the manner and form specified in price control and anti-profiteering 19 the notice, any information or documents referred to in subsection (1);

(b) to submit to the Assistant Controller, within the period and in the manner specified in the notice, any information or documents referred to in subsection (1), whether in physical form or electronic media;

(c) to make a copy of, or extract from, any document referred to in subsection (1) and to submit a copy or extract of the document, as the case may be, to the Assistant Controller in the period and in the manner specified in the notice;

(d) if the person is an individual, to appear before the Assistant Controller at a time and in a place specified in the notice to provide any information, either orally or in writing, and to produce any document referred to in subsection (1), whether in physical form or electronic media;

(e) if the person is a body corporate, to cause the relevant officer and qualified for that organization to appear before the Assistant Controller at a time and in a place specified in the notice to provide any information, either orally or in writing, and to produce any document referred to in subsection (1), whether in physical form or electronic media;

(f) if the person is a partnership, to cause the individual who is a partner in the partnership or employee of the partnership to appear before the Assistant Controller at a time and in a place specified in the notice to provide any information, either orally or in writing, and 20 laws of Malaysia ACT 723 to submit any document referred to in subsection (1) , whether in physical form or electronic media; or (g) to make a statement to the Assistant Controller by giving an explanation of any information or documents referred to in subsection (1) within the period and in the manner and form specified in the notice.
(3) where the Assistant Controller directs any person to produce any documents under subsection (2) and that person does not have custody over the document, that person shall — (a) stated, knowledge and his beliefs, where the document can be found;
and (b) identify, all his knowledge and his beliefs, people on having custody over the document and where the last person mentioned can be found.
(4) any person directed to provide information under subsection (2) or (3) shall ensure that the information provided is true, accurate and complete and that person shall give the representations real effect, including a declaration that he was not aware of any other information that would render the information provided is incorrect or misleading.
(5) any person who refuses or fails to comply with the instructions made by the Assistant to the Controller under this section commits an offence.
Price control and anti-profiteering 21 Assistant Controller can retain documents 22. (1) Assistant Controller can take and retain for the term necessary, possession of any document obtained under this section.

(2) the person who provides the document has the right to be supplied, with as soon as practicable, a copy of the certified valid by the Assistant Controller as a true copy of the document.

(3) Notwithstanding the provisions of any other written law, valid for certified copy of the document shall be admissible in evidence as if the copy is original.

(4) where the Assistant Controller is satisfied that the document is no longer need to be held save, Assistant Controller can return the document to the person who gives it, as soon as that can be implemented.


Access to a record 23. (1) any person shall, if at any time may be directed by the Assistant Controller, allowing the Assistant Controller access to books, records, accounts, documents, computerized data, article or thing for the purpose of carrying out any of the functions or powers of the Assistant Controller under this Act.

(2) any person who fails to comply with the instructions made by the Assistant to the Controller under subsection (1) commits an offence.


Confidentiality 24. (1) any person who disclose or use any confidential information in respect of a particular enterprise 22 laws of Malaysia ACT 723 or Affairs of an individual obtained by virtue of any provision of this Act commits an offence.

(2) no nothing in subsection (1) may be effective for preventing disclosure of information if — (a) the disclosure is made with the consent of the person from whom the information or document is obtained;

(b) the disclosure is made in circumstances that the information given is designed in a way that such a way that the information source is uncertain;

(c) the information already in the public domain;

(d) the disclosure is made to facilitate the implementation of the functions of the controller, Deputy Controller or of the Assistant Controller;

(e) the disclosure is made on a reasonable basis during any proceedings under this Act provided that the disclosure is not made contrary to any direction Controller, Deputy Controller or Assistant controllers before it the proceedings ';
or (f) the disclosure is made in connection with the investigation of an offence under this Act.

(3) for the purposes of this section, "confidential information" means

trade information industrial, business or owned by any person, which has economic value and generally not available to or known to others.


Protected communications 25. (1) No person shall be required, under any provision of this part, to provide or disclose price control and anti-profiteering 23 any communications between a professional legal adviser with its protected from disclosure in accordance with section 126 of the Act Evidence 1950 [Act].

(2) where — (a) the controller makes a requirement under section 21 against an advocate and solicitor in respect of information or documents; and (b) the information or document contains protected communication made by or on behalf of or to the barrister and solicitor is on its properties as a barrister and solicitor, barrister and solicitor is entitled to refuse to comply with it unless the person to whom or by him or on his behalf the communication is made or, if that person is a body corporate under the receipt or are being wound up , the recipient or liquidator, as the case may be, agree that advocates and solicitors that comply with that, but if a barrister and solicitor refuses to comply with such requirements, a barrister and a solicitor shall immediately give the controller in writing the name and address of the person to whom or by him or on his behalf the communication is made.


Provide information, evidence or false or misleading documents 26. Someone who does not disclose or leave to provide any information, documents or evidence relating to, or provide any information, documents or evidence which he knows or has reason to believe is false or misleading, in the course of the investigation by the Assistant Controller, commits an offence.


24 laws of Malaysia ACT 723 Destruction, concealment, whole and alteration record 27. A person who — (a) destroys, defaces or conceals, alters; or (b) sending or attempting to send or plotting with any others to move from its premises or outside Malaysia, any books, records, accounts, documents, computerized data, things or things that are stored or maintained with the intent to memfraud Assistant Controller or to prevent, delay or menggalang conduct of an investigation or the exercise of any power of the Assistant Controller under this Act commits an offence.


Chapter 3 the power of Search and Seizure access to a place or premises 28. (1) Assistant Controller at any time shall have access to any place or premises where any business is carried out for the purpose of collecting or monitoring product prices or charges for the service.

(2) the Assistant Officer in entering a place or premises under subsection (1) may bring any of the authorised officers as it considers necessary for the proper administration of this Act.


Power to enter premises with warrant 29. (1) if it appears on a person's Magistrate, based on information given in writing and after any investigation of price control and anti-profiteering 25 may deem necessary, that there are reasonable grounds to believe that a person has committed or is committing an offence under this Act, so that any evidence or anything necessary in the implementation of an investigation for any offence may be found in any premises , A magistrate may issue a warrant empowering any Assistant Controller named therein to enter the premises at any time, with or without help, and if necessary using force to search and seize any evidence or anything.

(2) without prejudice to the generality of subsection (1), the warrant issued by a magistrate can authorize a search and seizure of any books, records, accounts, documents, computer data, goods or anything that contains or by its reasonable believed to contain information about any offence suspected to have been committed or otherwise needs to perform an investigation for any offence.

(3) the Assistant Controller running a search under subsection (1) may, for the purpose of investigating the offence, examine any person residing in or in the premises.

(4) the Assistant Controller who made inspection on a person under subsection (3) may seize, or take ownership of, and keep in safe custody of all things other than clothes to be found on that person, and any other objects, of which there is reason to believe that the thing is equipment or evidence of the offence, and the thing may be detained until the Court issued the order of disposal of it.

(5) where, by reason of the type, size or its recoverable amount, it is not practical to transfer any books, records, accounts, documents, computerized data, goods or things seized under this section, the Assistant controllers shall seize, in such a way to avoid the premises or container in which the found books, records, accounts, documents, computerized data, goods or the thing.

26 laws of Malaysia ACT 723 (6) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (5) or transfer any books, records, accounts, documents, computerized data, goods or thing dilak or attempting to do so commits an offence.


The power to enter and search and seize without warrant 30. If the Assistant Controller is satisfied on information received that she had reasonable cause to believe that by reason of the delay in obtaining a search warrant under section 29 of the investigation will be affected or evidence of Commission of the breach or offence may be interrupted, removed, defaced or destroyed, the Assistant Controller can enter premises and conduct in, on and in respect of premises that all the powers referred to in section 29 in a way that fully and adequately instead-by him authorised to do so by a warrant issued under that section.


Access to information berekod, computerized data, etc.

31. (1) any Assistant Controller running

its powers under section 29 or section 30 shall be given access to any information berekod or computerised data or berdigital, whether stored in a computer or otherwise.

(2) in the exercise of its powers, Assistant Controller — (a) may inspect and examine the operation of any computer and any associated apparatus or material which he has reason to suspect is being or has been used in relation to the information or data; and (b) may require — price control and anti-profiteering 27 (i), by him or on his behalf, the officer has reason to suspect, that computer is being or has been used in such a way; or (ii) the person in charge, or who otherwise are involved in the operations of the computer, apparatus or material that, to give him any assistance reasonably required by him for the purposes of this section.
(3) the Assistant Controller can make copies or take extracts of information berekod, computerized data or the berdigital if it thinks necessary.

(4) for the purposes of this section, "access" includes the given password, code encryption, encrypting code, software or hardware to be and any other means required to enable an understanding of the information berekod, computerized data or berdigital.

Whistleblowing 32. (1) any person who — (a) knows or has reason to suspect that an Assistant Controller is acting, or proposing to act, in connection with an investigation that is being, or will be, carried out under or for the purposes of this Act or any subsidiary legislation made under this Act and disclose to any person information or any other matters that may affect the investigation or investigation of a proposed; or (b) knows or has reason to suspect that a disclosure has been made to an Assistant Controller under this Act and disclose to any other person any information or 28 laws of Malaysia ACT 723 other matter may affect any investigation that might be conducted following the disclosure, commits an offence.

(2) no nothing in subsection (1) makes it an offence if a person is a barrister and solicitor or the employees to disclose any information or other matter — (a) to its customers or its representatives in connection with the provision of advice to the customers in the course of and for the purposes of professional services advocates and lawyers that way; or (b) to any person in anticipation of, or in connection with and for the purposes of any legal proceedings.

(3) subsection (2) shall not apply in relation to any information or other matter the consolidation with a view to implementing any purpose which is unlawful.

(4) in proceedings against a person for an offence under this section, be a defence if the person proves that — (a) he did not know or suspect that a disclosure made under paragraph (1) (b) is likely to affect the investigations; or (b) he has a valid authority or reason to make the disclosure.

(5) an Assistant Controller or others not guilty of an offence under this section in respect of any matter which has been made by him in the course of action related to enforcement, or proposed, for the enforcement of this Act.
Price control and anti-profiteering 29 Warrant is admissible even though flawed 33. A search warrant issued under this Act is valid and enforceable notwithstanding any defect, error or omission therein or in the application for the warrant and any books, records, accounts, documents, computerized data, goods or things seized under the warrant is admissible as evidence in any proceedings under this Act.


List of things seized 34. (1) except as provided in subsection (2), where any books, records, accounts, documents, computerized data, goods or things seized under this part, the Assistant Controller who commits seizure shall as soon as practicable provide a list of the things seized and promptly deliver a copy of the signed by him to the occupier of the premises searched, or ask your agent or pekhidmatnya , the on-premises.

(2) if the premises were unoccupied, Assistant Controller who commits seizure shall where possible post up the list of things seized it in conspicuous place in the premises.


Forfeiture of goods 35. (1) all goods seized in exercise of any power conferred under this Act shall be dilucuthakkan.

(2) an order for melucuthakkan or release any goods seized in exercise of any power conferred under this Act shall be made by the Court before which the prosecution in respect of performed and an order for melucuthakkan the goods shall be made if it is proved to the satisfaction of the Court that an offence under this Act has been committed and that the goods 30 laws of Malaysia ACT 723 is the matter or has been used in committing the offense , even though no one has been convicted of the offence.

(3) If no prosecution in respect of any goods seized in exercise of any power conferred under this Act, the goods shall be calculated and be deemed to have dilucuthakkan upon the expiry of one calendar month from the date of confiscation unless a claim thereon made prior to that date in the manner set out hereinafter.

(4) any person who asserts that he is the owner of the goods and that the goods could not be dilucuthakkan may in itself or by his agent authorized in writing give notice in writing to the Assistant Controller that he demanded that stuff.

(5) on receipt of the notice the Assistant Controller shall refer the claim to the Controller may direct that the items be released or may direct the Assistant Controller that refer the matter to a court for decision.

(6) the Court to which the matter is referred to shall issue a summons requiring the person

insisting that he is the owner of the goods and the person from whom the goods have been seized so as to appear before him and when he is present or not present, having proved that the summons has been duly served, the Court shall proceed with the examination of the matter and when it is proved that an offence under this Act has been committed and that that stuff is a matter of the offence or has been used in committing the offence shall order that the goods or can be dilucuthakkan , if not proved so, order that the goods be released.

(7) all things dilucuthakkan or dilucuthakkan shall be deemed to be submitted to the Assistant Controller and shall be disposed of in accordance with the directions of the Controller.


Price control and anti-profiteering 31 release of things seized 36. (1) where any books, records, accounts, documents, computerized data, goods or things seized under this Act, the Assistant Controller who commits seizure that may release books, records, accounts, documents, computerized data, goods or the thing to the person specified by him as legally entitled to it, if the books, records, accounts, documents, computerized data, goods or anything that's not otherwise required for the purposes of any proceedings under this Act or for the purpose of any prosecution under any other written law , and where such Assistant Controller do the seizure, Federal Government, Controller or any person acting on behalf of the Federal Government or the controller is not liable to any proceedings by any person if the seizure and release of books, records, accounts, documents, computerized data, goods or things that have been made in good faith.

(2) a written record shall be made by the Assistant Controller who did release it for any thing under subsection (1) specifying in detail the circumstances of and reasons for the release.

Seizure of goods easily destroyed 37. If any goods seized in exercise of the powers conferred by this Act is simple goods destroyed its properties or if the care involves unreasonable expense and inconvenience, that stuff can be sold by the Assistant Controller at any time and the proceeds of sale shall be held to be bound by the results of any prosecution or a claim under this section.

There are no costs or damages arising from seizure can be retrieved back 38. No person shall, in any proceedings before any court in respect of any books, records, accounts, 32 laws of Malaysia ACT 723 documents, computerized data, goods or things seized in the exercise or purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief unless the seizure is made without reasonable cause.


39 barrier. Any person who — (a) refuses to give any Assistant Controller access to any premises which the Assistant Controller is entitled to it under this Act or in the discharge of any duty imposed or power conferred by this Act;

(b) mengamang, menggalang, prevent or delay any of the Assistant Controller in making any entry Assistant Controller is entitled make it under this Act, or in the discharge of any duty imposed or power conferred by this Act; or (c) refuse to provide any of the Assistant Controller any information relating to an offence or suspected offence under this Act or any other information that is reasonably required in order to be given by him and the knowledge or power, commits an offence.


Powers of investigation by police officer 40. Any Assistant controllers investigate any offence under this Act, may exercise all or any powers in connection with police investigations in price control and anti-profiteering 33 cases can capture provided by criminal procedure code [Act 593].


PART VII ADVISORY COUNCIL Advisory Council PRICE Price 41. The Minister may establish an Advisory Council of the price for advising it on the following matters: (a) issues relating to pencatutan; and (b) any other matter relating to the price of goods and charges for the service.


Membership of the Council 42. (1) the Council shall consist of the following members: (a) the Chairman who shall be the Secretary General of the Ministry in charge of domestic trade and Consumer Affairs or his representative;

(b) four members representing the Government are appointed by the Minister;

(c) not more than six other members, who shall be appointed by the Minister, with experience and knowledge in matters relating to the commercial, industrial, business, law, economics, public administration, trade fair, competition, consumer protection or any other suitable qualifications as determined by the Minister.

(2) a Member referred to in paragraph (1) (b) and (c) — 34 laws of Malaysia ACT 723 (a) shall be appointed for a term not exceeding two years;
and (b) shall be eligible for reappointment upon the expiry of his Office.

(3) the Minister shall appoint from among the members of the Council a Deputy Chairman.


Temporary exercise of functions of the Chairman 43. (1) If for any reason the Chairman is unable to perform his functions or during any period of vacancy the Chairman, the Deputy Chairman shall perform the functions of the Chairman.

(2) If for any reason the Chairman and the Deputy Chairman is unable to perform the functions of the Chairman or during any period of vacancy the Chairman and Deputy Chairman, the Minister may appoint any member of the Council to undertake the functions of the Chairman.

(3) the Deputy Chairman or a member appointed under subsection (2), as the case may be, shall, during the period he function of Chairman under this section, be deemed to be the Chairman.


Vacation of Office 44. The position of a member of Council shall be vacated: (a) when the member dies;

(b) when the member resigns with a letter addressed to the Minister; or


(c) upon the expiration of his Office.
Price control and anti-profiteering 35 revocation of appointment of 45. The Minister may revoke the appointment of a member of the Council referred to in paragraph 42 (1) (b) and (c) — (a) if his actions, whether related to its obligations as a member of the Council or otherwise, is such a way that the worst is the name of the Council;

(b) if he becomes unable to perform his duties as a member of the Council with the supposed;

(c) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under the law relating to corruption;

(iii) an offence under this Act; or (iv) any other offence punishable with imprisonment for more than two years;

(d) if he is sentenced to bankrupt;

(e) if he is found or declared not of unsound mind or is otherwise incapable of managing its affairs; or (f) if he fails to attend three consecutive meetings of the Council without the permission of the Chairman.




36 laws of Malaysia ACT 723 resignation of 46. A member of the Council appointed under paragraph 42 (1) (b) and (c) may at any time resign his Office by letter addressed to the Minister.


Fill 47. If a member appointed under paragraph 42 (1) (b) and (c) cease to be a member of the Council, the Minister may appoint another person to fill the vacancy for the balance of the period for which the members clear the posts were appointed.


Secretary to the Council and other officers 48. A Secretary shall be appointed to the Council and other officers as may be necessary to assist the Council.


Allowance of 49. Members of the Council shall be paid such allowance as determined by the Minister.


The meeting of 50. The Council shall meet when and where appropriate as determined by the Minister.


The Council may invite others to attend mesyuarats 51. (1) the Council may invite any person to attend the meeting or deliberation of the Council for the purpose of advising it on any matter under discussion, price control and anti-profiteering 37 but that person shall not be entitled to vote at the meeting or deliberation.

(2) any person invited under subsection (1) shall be paid such allowance as determined by the Minister.


Validity of acts and proceedings 52. No act done or proceeding taken under this Act may be questioned on the ground — (a) there is a vacancy in the membership of, or there is a defect in the formation of the Council; or (b) there is an omission, defect or irregularity which does not affect the merits of it.


Regulations relating to Council 53. The Minister may make such regulations as he may deem necessary or expedient with respect to this section.


Duty to keep records 53A. (1) any person who supplies or offers to supply any goods or services shall keep and maintain proper records relating to business operations including the following records: (a) the sales draft including receipts and sales book;

(b) the purchase including an invoice from the supplier;

(c) the expenditure including payment records, invoices and details of procurement;

38 the laws of Malaysia ACT 723 (d) documents relating to the determination of the price for the goods or services;

(e) the remuneration, allowances or salary; and (f) the tax and any related documents, if any.

(2) Records under subsection (1) shall — (a) is maintained for a period of seven years from the date on which the record relates;

(b) available at any time for inspection by the Assistant Controller; and (c) updated and in good order and condition.

(3) any person who fails to comply with subsection (1) or (2) commits an offence.


PART VIII GENERAL jurisdiction to try the offence 54. Notwithstanding anything to the contrary in any written law, sessions Court shall have jurisdiction to try any offence under this Act and impose a sentence full for any such offence.


Reward for information 55. In the case of conviction involving a fine, the Court that imposes the fine may, on the application of the prosecution, direct payment of any part of the fine, in accordance with the price control and anti-profiteering 39 rating it deems fit by the Court but in any case not exceeding half of the fine, to people who provide information leading to the conviction.


An initial prosecution 56. No prosecution for or in connection with any offence under this Act shall be instituted without the consent of the public prosecutor.


General penalty 57. Any person who commits an offence under this Act for which no penalty expressly provided shall, on conviction — (a) if the person is a body corporate, a fine not exceeding one hundred thousand dollars, and for the second time or subsequent, liable to a fine not exceeding two hundred and fifty thousand dollars; or (b) if that person not being a body corporate, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for the second time or subsequent, liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.


Compounding of offences 58. (1) the controller may, with the written consent of the public prosecutor, compound any offence committed by any person under this Act by making an offer in writing to the person suspected to have committed the offence to compound the offence when paid to the controller an amount not exceeding fifty per cent of the amount of a fine 40 laws of Malaysia ACT 723 maximum for the offence within the time specified in the written offer.

(2) an offer under subsection (1) may be made at any time after the offence committed but before any

prosecution for him started, and if the amount specified in the offer is not paid within the time stated in the offer or in any time extension granted by the controller, a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.

(3) where an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of an offence against the person to whom an offer to compound is made, and any books, records, accounts, documents, computer data, goods and things seized in connection with the offence be released by the officer, subject to such terms and conditions as he thinks fit to impose upon such terms as the compound.

(4) All moneys received by the Controller under this section shall be paid into the Federal Consolidated Fund.


Offences by body corporate 59. (1) where a body corporate commits an offence under this Act, any person who at the time of the Commission of the offence was a Director, Chief Executive Officer, Chief Operating Officer, General Manager, Secretary or other similar officer of the body corporate or purporting to act on any such nature or in such a way or up to any extent is responsible for the management of any Affairs of the body corporate or assist in the management of such — (a) may separately or in association in proceedings of the same together with the body corporate; and price control and anti-profiteering 41 (b) if the body corporate is found to be guilty of that offence, shall be deemed to be guilty of such offence unless, after taking into account the type of functions on the properties and all the circumstances, he proves — (i) that the offence is done without its knowledge, consent or pembiarannya; and (ii) that he took all reasonable precautions and has conducted all due diligence to prevent the Commission of the offence.

(2) if any person under this Act shall be liable to any penalty or penalties for the Act, omission, neglect or disbelief, then he can also apply the same sanction/penalties for every act, omission, neglect or default of any employee or his agent, or employee of the agent, if the Act, omission, neglect or default is done — (a) by an employee of that person within the worker's employment;

(b) by the agent while acting on behalf of that person; or (c) by the agent within the employee's employment with the agent or otherwise on behalf of agents acting on behalf of that person.


Power of Minister to make regulations 60. (1) the Minister may make any regulations necessary or expedient to implement better the provisions of this Act.

42 laws of Malaysia ACT 723 (2) without prejudice to the generality of subsection (1), regulations may be made for all or any of the following purposes: (a) prescribing any matter required under this Act that may be prescribed; and (b) prescribing a penalty or a fine not exceeding two hundred and fifty thousand dollars for breach or non-compliance with any provisions of any regulations made under this Act.


The power to amend Table 60A. The Minister may, by order published in the Gazette, amend the schedule.


Public authorities Protection Act 1948 61. Public authorities Protection Act [Act 198] shall apply to any action, suit, prosecution or proceedings against the controller, Deputy Controller, Assistant Controller or to the Chairman, any member of the Council and employee or agent of the Chairman or the Council in respect of any act, neglect or default made or done by him in good faith or omission left by him in good faith, on such properties.


Protection officers and 62 others. No action or prosecution can be brought, instituted or maintained in any court against — (a) the controller, Deputy Controller, Assistant Controller or any other person in respect of any act which ordered or performed for the purpose of implementing this Act; and price control and anti-profiteering 43 (b) any other person in respect of any act done or purporting to be done under an order, direction or instruction Controller or authorized officer if an act is done in good faith and reasonable belief that it is necessary for the purposes sought to be achieved with it.


63. Savings and transitional (1) the price control Act 1946 [Act 121] ("the repealed Act") is repealed.

(2) the person appointed under the repealed Act shall continue to be the officer under this act as if that person had been appointed under section 3 of this Act.

(3) all regulations, rules and orders made under the repealed Act, shall remain in force and have effect as if it had been made under this Act until replaced or revoked by any regulations, rules and orders made under this Act.

(4) any investigation, trial and the proceedings were done, taken or initiated under the repealed Act immediately before the coming into operation of this Act shall be continued or completed under and in accordance with the provisions of the repealed Act.











44 the laws of Malaysia ACT 723 TABLE [Subsection 10A (1)] are DETAILS that SHOULD NOT BE INCLUDED in the PRICES and charges 1. Any input tax credit against the output tax under section 38 of the Act Taxes goods and services by 2014 [Act 762].

2. any special sales tax refund under section 190 of the Act Taxes goods and services by 2014.

45 laws of MALAYSIA Act 723 PRICE CONTROL ACT and ANTI-PROFITEERING 2011 LIST AMENDMENT of laws that amend the short title effect from the price control Act A1464 Act and anti-profiteering (Amendment) 2014.
01-09-2014 46 the laws of MALAYSIA Act 723 PRICE CONTROL ACT and ANTI-PROFITEERING 2011 LIST SECTION AMENDED Section Power amend with effect from 2 Act A1464 01-09-2014 3 Act A1464 01-09-2014 10A Act A1464 01-09-2014

15 Act A1464 01-09-2014 53A Act A1464 01-09-2014 60A A1464 01-09-2014 Act Act Table A1464 01-09-2014