Sale of Commodities (Control) (Ameodmeot) Regulatioos, 1982

L.N. 62 of 1982

SUPPLIES AND SERVICES ACf, 1947

(ACf NO. IV OF 1947)

Sale of Commodities (Control) (Ameodmeot) Regulatioos, 1982

IN EXERCISE of the powers conferred by section 3 of the Supplies

and Services Act, 1947. the Minister of Economic Development has

made the following regulations:-

These regulations may be cited as the Sa1e of Commodities

(Control) (Amendment) Regulations, 1982, and shaH be read and con-

strued as one with the Sale of Commodities (Control) Regulations, 1972,

hereinafter referred to as "the principal regulations".

Regu1ation 2 of the principal regulations shaH be amended as

(a) the present provision shaH be re-numbered as paragraph

(b) immediately before the definition of "commodity" in

paragraph (1) thereof as re-numbered there shaH be inserted the

following new definition

" "the Act" means the Supplies and Services Act, 1947;";

(c) immediately after the definition of "Director" in para-

graph (l) thereof as re-numbered there shaH be inserted the follow-

ing new definition

" "fixed" in relation to a price, means fixed under or in

accordance with these regulations;"; and

(d) immediately after paragraph (1) thereof as re-numbered

there shaH be added the following new paragraph

"(2) For the purposes of these regulations, the price

of a commodity shaH be deemed to be unreasonable if -

(a) in respect of a sale by a local manufacturer or

an importer to a wholesaler, the profit exceeds 10 per

cent of the ex-factory price or the import duty paid

cost of the commodity as provided in sub-paragraph (i)

of paragraph (3) of regulation 3 of these regulations;

(b) in respect of a saIe by a Iocal manufacturer or

an importer to a retaiIer, the profit exceeds 15 per cent of

the ex-factory price or the import duty paid cost of the

commodity as provided in sub-paragraph (i) of paragraph

(3) of reguIation 3 of these regulations;

(c) in respect of a sale by a wholesaler to a retailer

the profit, exceeds 10 per cent of the price at which the

wholesaler purchased the commodity without the addition

of any charge;

(d) in respect of a sale by a retailer to a

consumer, the profit exceeds 20 per cent of the price at

which the retai1er purchased the commodity without the

addition of any charge.'.

For regulation 7 of the principal regulations there shall be Substitutes

substituted the following

(l) Every person shall, if so required by the

Director or by any member of the Police or by any person

appointed under section 4 of the Act, Of by any member of a

body of persons so appointed, produce on dem and for exami-

nation any invoice or other document (including books) in his

possession, relating to the purchase, manufacture, production

Of sale of any commodity.

(2) Certificates of costings and related invoices or

documents are to be retained by local manufacturers/import-

ers/wholesalers/retailers for a period of 2 years from their date

of issue or until the commodities to which they relate are sold,

whichever is the later.

(3) Where any invoice or other document produced

for examination as required by this regulation is false or mis-

leading or does not represent the true facts in any material

respect, the person so producing it and any person responsible

for the drawing up of such invoice or document or for the

making of the false, misleading or untrue entry therein, shall

be gui1ty of an offence against these regulations.".

4. In paragraph (l) of regulation 9A of the principal regulations, Amends

for the words "during the year 1974" and the words "at any time fails" regulation

there shall be substituted respectively the words "during any one year" regulations.

and the words "at any time thereafter fails".

5. Regulation 13 of the principal regulations shall be amended as

the principal

(a) in paragraph (l) thereof, for the words "showing the

regulations.

quantity sold" there shall be substituted the words "showing the

number and date of the applicable certificate of costings, if any, the

date of the transaction, the quantity sold,"; and

(b) in paragraph (4) thereof, for the words "at which any

commodity may be sold" there shall be substituted the words "at

which any commodity is sold",

6. Regulation 14 of the principal regulations shall be amended as

(a) in paragraph (l) thereof, for the words "as he may pres-

cribe." there shall be substituted the words "as he may specify in the

request. "; and

(b) in paragraph (2) thereof, for the words "lapse of the pres-

cribed time" there shall be substituted the words "lapse of the

specified time".

7. For paragraph (3) of regulation 17 of the principal regulations Amends

there shall be substituted the following

the principal

The Director may in his discretion exempt any com- regulations.

"(3)

modity or commodities, or any c1ass or c1asses of commodities,

from the requirements of this regulation.

(4) The provisions of this regulation shaH not apply to any

commodity the maximum price of which is at the time of the

release fixed in the manner specified in sub-paragraph (a) of

paragraph (2) of regulation 3 of these regulations.

(5) If any certificate of costings, or any document accom-

panying it, submitted under this regulation is false, misleading

or otherwise incorrect in any material respect, the person sub-

mitting it and any person responsible for the drawing up thereof

shall be gui1ty of an offence against these regulations.".

For regulation 18 of the principal regulations there sha11 be

su b st1tute

d t h e f 0 Jl owmg

.

(1) No loca11y manufactured commodity to

which th is regulation applies sha11 be released by a manu-

facturer to any person before the relative certificate of

costings has been submitted to, and approved by, the

Director, in such form and manner as the Director may

reqmre.

(2) This regulation shaH app1y to such commodities

as may from time to time be spedfied by the Director by

Order published in the Gazette.".

9. Regulations 21 and 22 of the principal regulations are hereby

10. Regulation 23 of the principal regulations sha11 be amended

as fo11ows

(a) in paragraph (1) thereof, immediately after the words

"made under these regulations" there sha11 be inserted the

words "'or otherwise imposed by or under these regulations";

(b) for paragraphs (4), (5), (SA) and (6) there of there sha11

be substituted the following

"(4) Any person guilty of an offence against these

regulations sha11 be 1iable -

(a) on a first conviction, to a fine (multa) of not

less than fifty pounds but not exceeding two hundred

and fifty pounds;

(b) on a second conviction , to a fine (mubta) of

not less than one hundred pounds but not exceeding

five hundred pounds sohowever that if the second

offence is committed within twelve months from the

first conviction the ofIender sha11 be liable to the

penalty contained in sub-paragraph (c) of this paragraph;

(c) on a further conviction, to a fine (multa) of

one thousand pounds

Provided that where the offence is one as is provided in

paragraph (3) of regu13tion 7 or in paragraph (5) of regu1ation

17, or consists in giving information which is incorrect Of

misleading as provided in paragraph (2) of regulation 14, the

Court may, and if so requested by the prosecution sha11, in

addition to any other punishment sentence the offender to

imprisonment for a term of not less than ten days and not

exceeding six months.

(5) In addition to the punishments laid down in the

foregoing provisions of this regulation, the Court shall, on

the demand of the prosecution -

(a) in the case of a second conviction, order the

suspension of the offender's licence for a period of not

less than one week and not more than three months;

and

(b) in the case of a further conviction, order the

carcellation of any licence held by the offender and

relating to any trade Of business and of any licence

relating to the premises to which the offence relates.

(6) In every case of conviction of an offence against

these regulations, the Court may, and if so requested by the

prosecution sh111, order the forfeiture of the commodities

to which the offence relates";

(c) for paragraph (8) thereof there shall be substituted the

following

"(8) The provisions of the Probation of Offenders Act,

1957, shall not be applicable in respect of any offence against

the provisions of these regulations. "; and

(d) for paragraph (10) thereof there shall be substituted

the fol1owing

"(10) Where an offence against these regulations IS

committed by, or an act or omission amounting to an

offence may be attributed to, an idividual acting in the

name, or on behalf or in the interest of a partnership or an

association or other body or group of persons, or where

action is taken against an individual by virtue of his liability

as a director, manager, secretary or other similar officer of

such body, a~sociation or group as provided in section 13

of the Interpretation Act, 1975, or by virtue of any liability

under section 10 of the Act, and it resu1ts that an act or

omission amounting to an offence against these regulations

has occured., the provisi on s of this section relating to the

suspension or cancellation of any licence held by the oflender

or other person as aforesaid shall apply also to any licence

helcl by or in the name, or on behaIf Of in the interest of

the partnership, association Of other body or group of per-

sons of which the offender Of other person as aforesaid is a

director, manager, secretary or other officer 01' in whose

name or interest Of on whose behalf such person was

acting, and such licence shall equally be suspended Of

cancelled accordingly.".

11. lmmediately after regulation 23 of the principal regulations

shall be added the fol1owing new regulation

'Trader to

Every trader shall take all such steps as are

b.e respon- required to ensure fuH compliance with all the provisions of

slfbfle for b these regulations; and even where any contravention of or non-

0 f th ese regu l a t' lons may b e

o ences Y comp l' !ance Wlt

. h any provlslOn

. .

attributed to any person in the employment of such trader or

in the exercise of any act Of function authorised or permitted

by the trader, such trader shall also be guilty of that offence

unless he proves that he took all reasonable steps to prevent

the commission of the offence.".

tat-Tagħrif

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