Control of Essential Supplies Bill

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

“article” includes every kind or description of thing or commodity whatsoever;

“controlled article” means any article or food, or any kind or type of 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 and includes a Deputy Controller of Supplies, an Assistant Controller of Supplies and any person to whom the Controller has delegated any of his powers, duties or functions in accordance with section 13, to the extent of that delegation;

“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 into the composition or preparation of human food or of the food of any such animal;

“licensed premises” means any premises in respect of which a licence issued under section 7 is in force;

“offence under this Act” includes any contravention of or failure to comply with any order or regulation made under this Act and any contravention of or failure to comply with the terms and conditions of any licence or permit issued or authority granted under this Act or the regulations made thereunder and any failure to comply with any request or direction lawfully made or given thereunder;

“officer of customs” has the same meaning as in the Customs Act (Cap. 133);

“rationed article” means any article or food, or any kind or type of article or food, which has been declared to be a rationed article by an order made under section 5;

“retail dealing” includes every sale of any article or food other than wholesale dealings;

“sell” includes barter or exchange;

“senior officer of customs” has the same meaning as in the Customs Act;

“supplies” includes every kind and type of article or food whatsoever;

“supplies officer” means any officer appointed under section 3;

“wholesale dealing” means any sale of any article or food in whatever quantity for resale in the same form or state or as part of a manufactured product.

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.

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

All officers appointed under section 3 shall be deemed to be public servants for the purposes of the Penal Code (Cap. 103).

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

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

The Controller may, subject to this Act and to such conditions as he may think fit, by written licence or permit authorise any person to sell by wholesale or retail any controlled article in any premises or at a place or places specified in the licence.

The Controller may in his discretion issue or renew licences or permits to deal in controlled articles.

Every licence or permit 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 (3) of section 22, be renewed for such further period as the Controller thinks fit.

Whenever, under this Act, 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 officer of customs or to any person acting under the authority of the Controller and authorised to examine any person or supplies, or to any person designated by the Controller to demand its production, and any person who fails to do so shall be guilty of an offence under this Act.

The Controller may at any time, without assigning any reason therefor, vary the conditions of or suspend or revoke or refuse to renew any licence or permit which he has granted under this Act.

Any person aggrieved by the refusal of the Controller to issue or renew a licence under this section or by any action of the Controller under subsection (5), may appeal against the refusal or action to the Minister whose decision thereon shall be final.

The Controller or any person authorised by him in writing in that behalf may by writing under his hand or by notification in the Gazette require any person or class or description of persons or all persons —

Any person to whom a requisition has been made under subsection (1) shall comply therewith within such time as may be specified in the requisition or, if no time is specified, without unnecessary delay.

The Controller or any person authorised by him under subsection (1) may impound and detain any book or document produced in compliance with any requisition made under subsection (1) if in his opinion it contains evidence of the commission of an offence against this Act.

Any person who —

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 authorised by him has reasonable grounds for believing that an offence under this Act has been committed, the Controller, or any person authorised in that behalf in writing by 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 authorised person 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 that an offence under this Act is being or has been committed and may carry out such inspections and examination (including the inspection and examination of books) as he may consider necessary and may seize and detain any books, documents or other things or supplies found in those premises which may furnish evidence of the commission of an offence under this Act.

Where, as a result of any inspection and examination made under subsection (1), there is any discrepancy between the quantity or quality of any supplies found and any record or return required to be kept or made or any information given in respect of those supplies, the person required to keep the record or to make the return or to give the information shall be guilty of an offence under this Act.

Any person who obstructs or impedes the Controller or any person authorised by him in the lawful exercise of any of his powers under this section shall be guilty of an offence under this Act.

The Controller, or any supplies officer or officer of customs authorised in that behalf by the Controller in writing may —

The Controller or any supplies officer authorised in writing by the Controller in that behalf, and any police officer not below the rank of sergeant, may in relation to any investigation in respect of any offence under this Act without the order of the Public Prosecutor exercise the special powers in relation to police investigations given by the Criminal Procedure Code in any seizable case.

Any prosecution in respect of an offence under this Act may be conducted by the Controller or other supplies officer.

If the Controller has reason to believe that any person is committing an offence under this Act he may —

Where, under this section, possession has been taken of any controlled article, vehicle, vessel or other article by or on behalf of the Controller, then the Controller —

Any person who contravenes or fails to comply with any order or direction given by the Controller under paragraph (b) of subsection (1) or who obstructs or impedes the Controller or any person authorised by him to take possession of any controlled article under paragraph (a) of subsection (1) shall be guilty of an offence under this Act.

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

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.

Any person carrying on retail business in any premises or at any place in respect of which a licence has been issued in accordance with section 7 shall display in a conspicuous position —

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

Except under the authority of the Controller or under and in accordance with this Act or of any direction, licence, permit or coupon issued thereunder, no person shall obtain or attempt to obtain, and a retailer shall not supply or offer or attempt to supply, any rationed article.

Any person who contravenes subsection (1) shall be guilty of an offence under this Act.

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

The Controller, any senior officer of customs or any police officer not below the rank of sergeant, 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 article is in those premises.

In any prosecution for an offence under this section it shall be sufficient for the prosecution to prove that any controlled article, to the ownership or possession of which the defendant was entitled, was found in premises other than licensed premises or premises approved by the Controller, and the burden of proving that the defendant is not guilty of an offence under this section shall then lie upon the defendant.

Any controlled article found in the course of a search under subsection (2) upon premises other than licensed premises or premises approved by the Controller, in regard to which an offence under this section is reasonably suspected to have been committed, may be removed by the Controller or other person authorized by the said subsection to carry out the search and, if not claimed within two weeks of the removal, may be sold by order of the Controller, and the proceeds of any such sale shall be paid into the Consolidated Fund.

Any person, other than a body corporate, but including a director or officer of a body corporate, who commits an offence under this Act shall be liable on conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment and in the case of a second or subsequent conviction to a fine not exceeding twenty thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Any body corporate which commits an offence under this Act shall be liable on conviction to a fine not exceeding twenty thousand dollars.

Where any person is convicted of an offence under this Act, the court by which he is so convicted may, whether or not it imposes any other penalty, make an order cancelling any licence issued under section 7 to him, or to any firm of which he is a partner, or to any corporation of which he is a director or officer, and debarring him or the firm or corporation from obtaining a new licence either absolutely or for such period as the court may determine, or may suspend the licence for such period as the court may determine.

Where a person charged for an offence under this Act is a body corporate every person who, at the time of the commission of such offence, is a director or officer of that body corporate may be charged jointly in the same proceedings with the body corporate, and where the body corporate is convicted of the offence charged, every such director or officer shall be deemed to be guilty of the offence unless he proves that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commisison.

Any person who would have been liable for an offence under this Act to any penalty for anything done or omitted to be done if the thing had been done or omitted to be done by him personally, shall be liable to the same penalty if the thing has been done or omitted to be done by his partner, agent or servant, unless he proves that he took reasonable precautions to prevent the doing or omission of such thing.

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 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.

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.

Where any person is convicted of an offence under this Act the court may order the confiscation in whole or in part of —

Where confiscation is ordered under subsection (1), the court shall deliver the controlled article or the proceeds of the sale thereof (if not already in possession of the Controller) to the Controller or to any person designated by him, and shall give directions as to their disposal.

The Controller may compound any such offence under this Act as may be prescribed as being an offence which may be compounded by collecting from the person reasonably suspected of having committed the same a sum of money not exceeding two thousand dollars.

The Minister may make regulations to prescribe the offences under this Act which may be compounded and the method and procedure by which such offences may be compounded under this section.

Except as hereinafter mentioned, no evidence as to any written or oral information in respect of any offence alleged to have been committed under this Act 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 informer or to state any matter which might lead to the discovery of the identity of the informer.

If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceedings whatsoever contained 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.

If in any civil or criminal proceedings whatsoever the court, after full enquiry into the case, is of the opinion that the informer has wilfully made in any information furnished by him a material statement which he knew or believed to be false or did not believe to be true, or the court is of the opinion that justice cannot be fully done without the discovery of the identity of the informer, it shall be lawful for the court to require the production of the original information, if in writing, and to permit enquiry and require full disclosure concerning the informer.

For the purpose of this section “informer” includes every person who is not called as a witness for the prosecution in a criminal case and who has made any complaint or report or furnished any information, oral or documentary, in respect of any offence under this Act alleged to have been committed by any person.

The Food Control Act (Cap. 246) and the Control of Petroleum Fuel and Lubricants Act (Cap. 242) are hereby repealed.

Notwithstanding the repeal of the Food Control Act the following provisions shall have effect: —