Price Control Act of 1991 (2008 Ed.) | ESCAP Policy Documents Managment

Meta Data

Draft:

Revision of previous policy?:

Draft Year:

1991

Effective Start Year:

2008

Scope:

National

Document Type:

Act

Economic Sector:

Energy

Energy Types:

Oil

Issued by:

Tuvalu Government

Source:

Tuvalu Legislation

File:

Price Control Act of 1991 (2008 Ed.)

Overall Summary:

An Act to establish the Price Control Board for controlling prices, and for connected purposes.

Pricing

Energy pricing:

There is hereby established a board to be known as the Price Control Board. ---List of Commodities to be Price controlled: [...] Kerosene Petrol (Benzine) [...].

Governance

National policy structure:

An Act to establish the Price Control Board for controlling prices, and for connected purposes.

Energy institutional structures:

There is hereby established a board to be known as the Price Control Board.

Full Document Text

PRICE CONTROL ACT

2008 Revised Edition

CAP. 40.40

Price Control Act CAP. 40.40 Arrangement of Sections

PRICE CONTROL ACT

Arrangement of Sections

Section

PART I - PRELIMINARY 5

1 Short title...................................................................................................... 5

2 Interpretation................................................................................................ 5

PART II - ESTABLISHMENT OF PRICE CONTROL BOARD

3 Establishment of Board..........................................................................................

4 Composition of Board............................................................................................

5 Conflict of interest .................................................................................................

PART III - POWERS OF THE BOARD

6 Powers of the Board...............................................................................................

7 Limitation...............................................................................................................

8 Price Inspectors......................................................................................................

PART IV - CONTROL OF PRICES

9 Fixing the maximum price .....................................................................................

10 Proportionate Prices...................................................................................... 8

11 Variation of order......................................................................................... 8

PART V - MISCELLANEOUS 8

12 Prohibited acts.............................................................................................. 8

13 Penalties........................................................................................................ 9

14 Regulations................................................................................................... 9

15 Excess price recoverable............................................................................... 9

16 Crown to be bound....................................................................................... 9

17 Confidentiality.............................................................................................. 9

18 Immunity.................................................................................................... 10

Arrangement of Sections CAP. 40.40 Price Control Act

SCHEDULE 11

Supporting Documents

ENDNOTES 12

Price Control Act CAP. 40.40 Section 1

PRICE CONTROL ACT

AN ACT TO ESTABLISH THE PRICE CONTROL BOARD FOR CONTROLLING PRICES, AND FOR CONNECTED PURPOSES1

Commencement [22 August 1991]

PART I - PRELIMINARY

1	Short title This Act may be cited as the Price Control Act.
2	Interpretation
	In this Act, unless the context otherwise requires
	“Board” means the Price Control Board established
	“retailer” means a person who in the course to a consumer;
	“wholesaler” means a person who for the purpose of resale or for business;	to another course of his
	“price” includes a charge
	“commodity” includes service.

Section 3 CAP. 40.40 Price Control Act

PART II - ESTABLISHMENT OF PRICE CONTROL BOARD

3 Establishment of Board

(1) There is hereby established a board to be known as the Price Control Board.

(2) The Board —

(a) shall be a body corporate with perpetual succession;

(b) shall have a common seal;

(c) may sue or be sued in respect of matters, whether relating to contract, tort or otherwise, arising in connection with the exercise of its powers or the carrying on of its functions under the provisions of this Act.

4 Composition of Board

(1) The Board shall consist of three members being the Registrar of Co- operatives who shall be the Chairman and the following members appointed by the Minister for a term not exceeding 5 years:

(a) a representative of retailers; and

(b) a representative of consumers.

(2) All orders made by the Board shall be given under the hand of the Chairman.

(3) In the exercise of its functions under this Act the Board shall act in accordance with any general or special directions as to the policy to be followed by it issued by the Minister and published in the Gazette.

5 Conflict of interest

Each member of the Board shall fully declare to the Board any financial or other interest which he may have in any subject under consideration by the Board.

PART III - POWERS OF THE BOARD

6 Powers of the Board

(1) The Board shall with the approval of the Minister by order regulate the price for sale by retail of the commodities listed in the Schedule, either generally or in any part of Tuvalu specified in the order.

(2) The Minister may from time to time by order add commodities to or delete commodities from the Schedule.

(3)

Price Control Act CAP. 40.40 Section 7

(a) The Board may call any person to give information or any explanation or to produce records or documents which the Board may require in performing its duties; and the Board may call any other person to assist the Board with such information, explanation, records or documents.

(b) Any person wilfully refusing to comply with a lawful request of the Board commits an offence and shall be liable on conviction to a fine of up to $1,000.

7 Limitation

In determining whether and in what manner to exercise the powers conferred by section 6, the Board and the Minister shall have regard to the circumstance of the trade in the commodity to which the order will apply and to the effect of an order on the profitability of that trade.

8 Price Inspectors

(1) The Board with the approval of the Minister may appoint suitably qualified persons to act as price inspectors for the purposes of this Act and in particular —

(a) to report to the Board any breaches of the provisions of this Act or regulations or orders made thereunder;

(b) to institute, prosecute and conduct any legal proceedings in any alleged offence against this Act or any regulation thereunder.

(2) On production of his credentials and for the purpose of an offence has been committed, a price inspector may documents or commodities which he has reason to evidence in proceedings for such an offence.

(3) Any person who —

(a) wilfully obstructs a price inspector this Act or any regulation or

(b) without reasonable cause any other assistance or information require for the performance of his shall be guilty of an offence

Section 9 CAP. 40.40 Price Control Act

PART IV - CONTROL OF PRICES

9 Fixing the maximum price

Without limiting the generality of section 6(1) an order made under that section may —

(a) prescribe a maximum price for the sale of the commodity;

(b) make provision whereby the price to be charged on a sale by retail is not to exceed the buying price charged to the retailer by more than a margin determined in accordance with the order;

10 Proportionate Prices

Where the quantity of the commodity sold or offered for sale is greater or less than the quantity specified in an order made under section 6(1) such commodity shall, subject to any express provision to the contrary in the order, be sold or offered for sale at the proportionately increased or diminished price as the case may be.

11 Variation of order

The Board may with the approval of the Minister by order or by notice to any trader cancel or vary an order made under section 6(1) or exempt any commodity from such an order.

PART V - MISCELLANEOUS

12 Prohibited acts

No person shall —

(a) sell or attempt to sell a commodity to which an order made under section 6(1) applies at a greater price than that prescribed by the order;

(b) in the course of business apply different methods of fixing or ascertaining the prices of a commodity to which an order under section 6(1) applies with intent to evade the provisions of this Act or any regulation or order made thereunder.

Price Control Act CAP. 40.40 Section 13

13 Penalties

(1) Any person who contravenes or fails to comply with any of the provisions of this Act or of any regulation or order made thereunder shall be guilty of an offence and liable to a fine of $1000.

(2) Where an offence under this Act committed by a body corporate is proved to have been committed with the knowledge, consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar official of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be liable to be proceeded against and on conviction shall be liable accordingly.

14 Regulations

The Minister may make regulations generally to carry into effect the purposes of this Act and in particular —

(a) to provide for the keeping by wholesalers and

(b) to secure that prices are indicated on or in relation to commodities offered or exposed for sale by retail;

15 Excess price recoverable

A transaction shall not be invalid by reason only that it involves this Act; but the person paying a price in excess of that prescribed under section 6(1) shall be entitled to recover from the retail price so paid by him over such price unless he himself has the commission of the offence.

16 Crown to be bound

This Act shall bind the Crown.

17 Confidentiality

(1) Any information relating to a business which is supplied to the Board or its employees shall be treated as confidential and shall not be disclosed unless the person supplying the information consents or such disclosure is necessary for the purposes of this Act

(2) Any person contravening the foregoing subsection shall be guilty of an offence and shall be liable on conviction to a fine of up to $1000

Section 18 CAP. 40.40 Price Control Act

18 Immunity

No legal proceedings shall be competent for any loss or damage that may result from anything done under this Act.

Price Control Act CAP. 40.40 SCHEDULE

SCHEDULE

List of Commodities to be Price controlled:

Rice
1. Flour
2. Sugar
3. Biscuit (Cabin)
4. Kerosene
5. Petrol (Benzine)
6. Bar soap
7. Bathing/Toilet soap, and Toilet paper
8. Powder soap
  1. Detergents
  2. Edible oils of all types
  3. Canned corned beef and corned mutton
  4. Butter (all types)
  5. Milk powdered, evaporated or condensed
  6. Coffee
  7. Tea
  8. Milo
  9. Building materials:

(i) Cement

(ii) Timber

(iii) Paint

(iv) Roofing iron

Fish and fish products
1. Bicycles
2. Torch batteries
3. Lamps and lanterns, including pressure lamps, hurricane lamps and spares.

ENDNOTES CAP. 40.40 Price Control Act

ENDNOTES

1 Act 2 of 1991