1 PART I PRELIMINARY-1. Short title.

This Act may be cited as the Control of Supplies Act 1961 .

2 PART I PRELIMINARY-2. Interpretation.

(1) In this Act, unless the context otherwise requires:

"  animal  " includes birds, reptiles, fish and every kind of vertebrate animal and the young thereof, and the eggs of birds, reptiles and fish;

  "controlled article"  means any article or food which has been declared to be a controlled article by an order under section 5, and includes a rationed article;

  "Controller"  means the officer appointed to be Controller of Supplies under section 3.

[Subs. by Act A1270: s.2]

"  food  " includes any animal, whether alive or dead, and any substance or commodity, which is used as food by man, or which is used for feeding any animal which serves some purpose for the use of man, whether as food or otherwise, or which ordinarily enters in

3 PART I PRELIMINARY-3. Appointment of officers.

The Yang di-Pertuan Agong may appoint a Controller of Supplies, Deputy Controllers of Supplies, Assistant Controllers of Supplies and such other officers as he may consider necessary or expedient for the purposes of this Act.

4 PART I PRELIMINARY-4. Responsibilities of officers.

(1) The Controller shall, subject to the general direction and control of the Minister, perform the duties and exercise the rights and powers imposed and conferred upon him by this Act.

(2) The Deputy Controllers, Assistant Controllers and all other officers appointed under section 3 shall be under the direction and control of the Controller.

(3) All officers appointed under section 3 shall be deemed to be public servants for the purposes of the Penal Code [Act 574] .

5 PART I PRELIMINARY-5. Declaration of controlled and rationed articles.

The Minister may, by order published in the Gazette , declare, either generally or with reference to some specified part of Malaysia:

(a) any article or food to be a controlled article or to be a rationed article or both; or

(b) any controlled article or rationed article to be marked with any marking as he may specify.

[Subs. by Act A1270: s.3]

5A PART I PRELIMINARY-5A. Power to exempt.

The Minister may by order exempt, subject to any conditions as he may deem fit to impose, any person or class of persons from all or any of the provisions of this Act or any regulations made thereunder.

6 PART I PRELIMINARY-6. Regulation.

(1) The Minister may make regulations generally for carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of the powers conferred by subsection (1), any regulations made under this section may provide for:

(a) prohibiting, either absolutely or subject to such conditions as may be prescribed, the purchase, sale or barter of any controlled article without the written permission of the Controller;

(b) prohibiting, regulating or controlling the import or export of any controlled article;

(c) prohibiting, regulating or controlling the movement of any controlled article;

(d) limiting wholesale or retail dealing in any controlled article to such persons as shall hold such licences or permits therefor, as the regulations may prescribe;

(e) restricting the sale of any controlled article either by any individual or generall

7 PART II POWERS OF CONTROLLER-7. Licences to sell controlled articles.

(1) The Controller may, subject to this Act or any regulations made thereunder and to such conditions as he may think fit, by written licence authorize any person to sell wholesale or retail any controlled article in any premises or at a place or places specified in the licence.

(2) The Controller may issue or renew licences to deal in controlled articles.

(3) Every licence issued under this section shall be valid for such period as may be expressed therein and may, subject to any order made by any court under subsection 22 (3), be renewed for such further period as the Controller thinks fit.

(4) Whenever, under this Act or any regulations made thereunder any person is required to obtain a written licence or permit the person shall, on demand, produce the licence or permit to the Controller or to any police officer or to any supplies officer acting under authority of the Controller and authorized to examine any person or supplie

8 PART II POWERS OF CONTROLLER-8. Power of Controller to obtain information.

(1) The Controller or any supplies officer may by writing under his hand or by notification in the Gazette require any person or class or description of persons or all persons:

[Subs. by Act A1270: s.6]

(a) to furnish him or such public officer as may be specified in the requisition with full and accurate periodical or other returns or information in respect of any supplies specified therein, showing all or any of the following particulars:

(i) the quantity thereof in his or their possession or under his or their control;

(ii) the cost thereof or expense incurred in respect thereof;

(iii) the price charged or received by him or them therefor; and

(iv) any other information which the Controller may deem necessary to request in respect thereof;

(b) to produce for inspection all or any books or documents relatin

9 PART II POWERS OF CONTROLLER-9. Power of Controller to enter premises.

(1) For the purposes of testing the accuracy of any record kept or return made or information given to the Controller under section 8 or of obtaining information or in any case where the Controller or any person authorized in that behalf in writing by or on behalf of the Controller has reasonable grounds for believing that an offence has been committed, the Controller, or any person authorized in that behalf in writing by or on behalf of the Controller, after producing to the occupier the written authority, may enter any premises belonging to or in the occupation of, any person keeping or making or who has failed to keep or to make, any such record or return or has failed to give any such information or in which the Controller or the supplies officer has reason to believe that any supplies, with respect to which a requisition under section 8 has been made are kept, stored, manufactured or produced or in which he has reasonable grounds for believing tha

10 PART II POWERS OF CONTROLLER-10. Power of arrest, seizure, investigation and prosecution.

(1) The Controller and any supplies officer, any police officer not below the rank of Inspector or any customs officer if so authorized by the Controller in writing, may:

[Am. by Act A1270: s.8]

(a) arrest without warrant any person whom he reasonably believes has committed or is attempting to commit an offence under this Act;

[(a) Subs. Act A1652:s.2]

(b) seize any supplies which he considers it necessary to seize in relation to the evidence necessary to establish the commission of any such offence.

(1A) The Controller, supplies officer, police officer not below the rank of Inspector or customs officer making an arrest under paragraph (1)(a) shall without unnecessary delay take such person to the nearest police station, and thereafter the person shall be dealt with as is provided for by the Criminal Procedure Code [Act 593

11 PART II POWERS OF CONTROLLER-11. Power of Controller to take possession of controlled articles, vehicles, vessels and other articles.

(1) If the Controller or supplies officer has reason to believe that any person is committing an offence against this Act, he may take possession in such manner as he shall deem fit of any controlled article in respect of which he has reason to believe such an offence has been committed or of any vehicle, vessel or other article by means of which any such offence has been committed or which he has reason to believe is intended to be used for the commission of that offence.

[Am. by Act A1270: s.9]

(2) Any person who obstructs or impedes the Controller or any supplies officer in the lawful exercise of his powers under this section shall be guilty of an offence against this Act.

[Am. by Act A1270: s.9]

12 PART II POWERS OF CONTROLLER-12. Action after taking of possession.

(1) Where, under section 11, possession has been taken of any controlled article, then:

(a) if it is decided to institute criminal proceedings against any person in respect of an offence against this Act involving the controlled article, the Controller may:

(i) retain the controlled article until the conclusion of those criminal proceedings and, except where the court orders confiscation thereof under section 26, shall dispose thereof in such manner as the court may order; or

(ii) order that the controlled article be sold in such manner as will secure a reasonable price for it in the circumstances, and the proceeds of sale shall be kept until the conclusion of those criminal proceedings and, except where the court orders confiscation thereof under section 26, shall be disposed of in such manner as the court may order;

(b) if it is otherwise decided, the Controller

12A PART II POWERS OF CONTROLLER-12A. Sale of perishable etc., articles.

(1) Where any controlled article or other article seized in the exercise of the powers conferred by this Act:

(a) is of a perishable or inflammable nature; or

(b) the custody of such controlled article or other article involves unreasonable expense and inconvenience, such controlled article or other article may be sold and the proceeds of sale held to abide by the result of any prosecution or claim under this section.

(2) The Government of Malaysia shall not be liable to any person for any deterioration, howsoever caused, in the quality of any controlled article or other article seized under this Act.

[Ins. Act A1652:s.3]

12B PART II POWERS OF CONTROLLER-12B. No cost or damages arising from seizure to be recoverable.

No person shall, in any proceedings before any court in respect of any controlled article, vehicle, vessel or thing other than a controlled article seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

[Ins. Act A1652:s.3]

13 PART II POWERS OF CONTROLLER-13. Delegation of powers.

(1) The Controller may in writing delegate all or any of his powers, duties or functions under this Act or any regulations made thereunder to any supplies officer, and may at any time revoke any such delegation.

(2) No delegation under subsection (1) shall be deemed to divest the Controller of any of his powers, duties or functions and he may, if he thinks fit, exercise those powers, duties and functions notwithstanding any such delegation.

14 PART III OFFENCES AND PENALTIES-14. Prohibition against selling greater quantity of controlled articles than required for ordinary use.

Any person who sells any controlled article to any other person in excess of the quantity which may be lawfully acquired by such other person in accordance with any regulations made under section 6 shall be guilty of an offence against this Act.

15 PART III OFFENCES AND PENALTIES-15. Prohibition of concealment or destruction of controlled article.

Any person who conceals or destroys any controlled article in order to withhold the article from the market shall be guilty of an offence against this Act.

16 PART III OFFENCES AND PENALTIES-16. Offence to sell controlled articles without a licence.

Any person, not being the holder of a valid licence issued under this Act or any regulations made thereunder, who, 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 partner, sells by wholesale or retail any controlled article or any person, being the holder of any such licence, who so sells any controlled article in any premises or at a place other than the premises or place specified in the licence, or who so sells any controlled article contrary to any conditions expressed in the licence, shall be guilty of an offence against this Act.

16A PART III OFFENCES AND PENALTIES-16A. Offence of falsely denying possession of, or refusing to sell, controlled article.

(1) Any person, being the holder of a valid licence issued in accordance with section 7 to sell by wholesale or retail any controlled article, or any person exempted from the requirement of holding such a licence, who has in his possession a stock of the article and who:

(a) falsely denies that he has the article in his possession; or

(b) refuses, except with the permission of the Controller or any supplies officer authorized in that behalf by the Controller in writing, to sell the article in reasonable quantities in the ordinary way of business,

shall be guilty of an offence against this Act.

(2) It shall be a defence to a charge under paragraph (1) (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 article in cash.

(3) The servant or agent of any holder of a valid

17 PART III OFFENCES AND PENALTIES-17. Retailers to display licence and list of controlled and rationed articles.

(1) Any person carrying on retail business in any premises or at any place in respect of which a licence has been issued under this Act or any regulations made thereunder, shall display in a conspicuous position, so that they may be easily read by any person purchasing controlled or rationed articles in that premises or at that place:

(a) the original of the licence; and

(b) a list in the national language, in the Rumi or Jawi script, and in English of the controlled articles or rationed articles sold in that premises or at that place and a translation thereof in any language which the Controller may direct.

(2) Any person who fails or refuses to comply with subsection (1) shall be guilty of an offence against this Act.

18 PART III OFFENCES AND PENALTIES-18. Supply of rationed foodstuffs.

(1) Except under the authority of the Controller or under and in accordance with this Act or any regulations made thereunder or of any direction or licence issued thereunder, no person shall obtain or attempt to obtain, and a retailer shall not supply or offer or attempt to supply, any rationed food for household consumption, and any person who contravenes this subsection shall be guilty of an offence against this Act.

(2) For the purposes of this section "household consumption" means all consumption of food other than food consumed in or supplied by residential establishments, institutions and catering premises and "catering premises" means any business or undertaking established for the purpose of serving meals to the public, and includes a restaurant, coffee stall, buffet, inn, public house or any place or refreshment open to the public, but does not include a hotel or boarding house which provides meals for persons resident therein for more

19 PART III OFFENCES AND PENALTIES-19. Illegal conditions.

Any person who, in selling any controlled article, imposes, except with the permission of the Controller, any condition of sale other than a condition of sale:

(a) requiring immediate payment therefor;

(b) prescribing the time within which payment must be made or delivery taken; or

(c) requiring a deposit in respect of sale of any such goods,

shall be guilty of an offence against this Act.

20 PART III OFFENCES AND PENALTIES-20. Removal of controlled articles from business premises and storage of controlled articles in premises other than premises specified in the licence and dealing in controlled articles otherwise than in normal course of business.

(1) Any person who removes any controlled article or causes or permits any controlled article to be removed from any premises specified in the licence or stores any controlled article or causes or permits any controlled article to be stored in any premises, other than premises specified in the licence or premises approved by the Controller for such storage, shall be guilty of an offence against this Act.

[Am. by Act A1270: s.10]

(2) The Controller, any supplies officer or any police officer not below the rank of Inspector, if he suspects that any controlled article is being stored or dealt in in any premises in contravention of this section, may, notwithstanding any law to the contrary for the time being in force, without a search warrant enter upon the premises for the purpose of ascertaining whether or not any such controlled articles are in those premises.

[Am. by Act A1270: s.10]

21 PART III OFFENCES AND PENALTIES-21. Unlawful possession of controlled articles.

Any person in possession or control of any controlled article in such circumstances as to raise a reasonable suspicion that an offence against this Act has been or is intended to be committed by him in relation to the controlled article, shall be guilty of an offence against this Act unless he satisfies the court that the offence has not been and was not intended to be committed by him.

22 PART III OFFENCES AND PENALTIES-22. Penalties.

(1) Any person, other than a body corporate, but including a director or officer of a body corporate, who commits an offence against this Act shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence, to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding five years or to both.

[(1) Am. by Act A1473 of the year 2015; Act A1270: s.11]

(2) Any body corporate which commits an offence against this Act shall, on conviction, be liable to a fine not exceeding two million ringgit and, for a second or subsequent offence, to a fine not exceeding five million ringgit.

[(2) Am.Act A1473 of the year 2015; Act A1270: s.11]

(3) Where any person is convicted of an offence against this Act, the court by which he is so convicted may, wh

22A PART III OFFENCES AND PENALTIES-22A. Compounding of offences.

(1) The Controller of Supplies or supplies officer authorized by him in writing, with the consent in writing of the Public Prosecutor may compound any offence which is prescribed to be a compoundable offence by collecting from the person reasonably suspected of having committed such offence a sum of money not exceeding such amount as may be prescribed.

[Am. by Act A1270: s.12]

(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 controlled article or any vehicle, vessel or other article or the proceeds of sale of any controlled article under this Act or any regulations made thereunder in connection with such offence, such controlled article, vehicle, vessel or other article or the proceeds of sale of any controlled article may be released, subject to such conditions as may be imposed.

23 PART III OFFENCES AND PENALTIES-23. Saving.

No proceedings shall be instituted under this Act or any regulations made thereunder against any person duly authorized in that behalf by the Controller who has knowingly done or omitted to do any act which would, but for this section, have been an offence, provided that he has done or omitted to do the act with the intention of procuring evidence for the purpose of prosecuting the seller for an offence against this Act.

24 PART IV MISCELLANEOUS AND REPEAL-24. Minister may appoint Boards and Committees.

(1) The Minister may appoint such Boards or Committees as he may think fit for the purpose of assisting him in carrying into effect this Act or any regulations made thereunder and may delegate to them such of his powers (other than those conferred by section 6) and may require them to perform such of his duties as he may think necessary.

(2) No delegation under subsection (1) shall be deemed to divest the Minister of any of his powers or duties and he may, if he thinks fit, exercise those powers and perform those duties notwithstanding any such delegation.

24A PART IV MISCELLANEOUS AND REPEAL-24A. Information given by accused person admissible in evidence.

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 or any regulations made thereunder may be given in evidence in any proceedings against that person for an offence against this Act notwithstanding that it may tend to incriminate him in respect of the offence with which he is charged.

25 PART IV MISCELLANEOUS AND REPEAL-25. Burden of proof.

In any prosecution in respect of an offence against this Act upon a charge of doing any act which is unlawful unless the person doing the act is entitled to do so by reason of his being the holder of a licence, permit or written permission, consent, authorization or exemption entitling him to do that act, it shall be sufficient for the prosecution to allege and prove his doing that act and the onus shall then be upon the accused to show that he was entitled to do the act.

25A PART IV MISCELLANEOUS AND REPEAL-25A. Proportional examination or testing of articles seized.

(1) Where packages or receptacles containing articles which are suspected of being controlled articles have been seized, it shall be sufficient to open and examine one per centum or not less than five samples of each description of the package or receptacle in which such articles are contained.

(2) If it is necessary to test any article which is suspected of being controlled article seized under this Act, it shall be sufficient to test only a sample not exceeding five per centum in volume or weight of the articles examined under subsection (1).

(3) The court shall presume that the articles contained in the unopened packages or receptacles are of the same nature, quantity and quality as those found in the similar packages or receptacles which have been opened.".

[25A. Ins. Act A1652:s.4]

26 PART IV MISCELLANEOUS AND REPEAL-26. Power of court to confiscate.

(1) Where any person is convicted of an offence against this Act the court may order the confiscation in whole or in part of:

(a) any controlled article, in respect of which the offence has been committed, which has been seized by or has otherwise come into the possession of the Controller or any person acting under his authority;

[(1)(a) Subs. by Act A1473 of the year 2015]

(aa) any property of the accused, vehicle, vessel or other article, by means of which the offence has been committed or which is intended to be used for the commission of an offence against this Act; or

[(1)(aa) Ins. by Act A1473 of the year 2015]

(b) the proceeds of sale of any such controlled article if it has been sold under section 12.

(2) Where confiscation is ordered under subsection (1), the court shall deliver the controlled art

27 PART IV MISCELLANEOUS AND REPEAL-27. Jurisdiction of courts.

Notwithstanding anything to the contrary contained in any other written law, a court of a Magistrate of the First Class shall have jurisdiction to try any offence under this Act and to award the full punishment for any such offence.

28 PART IV MISCELLANEOUS AND REPEAL-28. Joinder of offences.

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

29 PART IV MISCELLANEOUS AND REPEAL-29. Protection of informers.

(1) Except as hereinafter mentioned, no evidence as to any written or oral information in respect of any offence alleged to have been committed against this Act or any regulations made thereunder shall be admitted in evidence in any civil or criminal proceedings whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informers or to state any matter which might lead to the discovery of the identity of the informer.

(2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceedings whatsoever contain any entry in which any informer is named or described or which might lead to the discovery of his identity, the court shall cause all such passages to be concealed from view or to be obliterated so far as may be necessary to prevent the discovery of the identity of the informer, but no further.

(3) If in any civil or criminal proceedings whatsoever

30 PART IV MISCELLANEOUS AND REPEAL-30. Repeal and saving.

(1) The written laws specified in the Schedule are hereby repealed.

(2) Notwithstanding the repeal of the Food Control Proclamation [B.M.A. No. 10] the following provisions shall have effect:

(a) any rule, regulation or order made under the said Proclamation and in force immediately before the commencement of this Act shall, so far as it is not inconsistent with this Act, be deemed to have been made under the corresponding provisions of this Act, and shall continue in force until it has been revoked, amended or replaced by orders or regulations made under this Act;

(b) any licence, permit or authority granted or issued under the said Proclamation shall, so far as it could have been granted or issued under this Act continue in force until superseded, revoked or otherwise terminated and shall have effect as if granted or issued under this Act:

Provided that any such licence, permit or authori