To amend the Price Control Act, 1964, so as to amend or delete certain definitions; to repeal the provisions relating to the control of prices; to amend or delete certain obsolete expressions; and to replace the short title; and to provide for matters connected therewith.
Amendment of section 1 of Act 25 of 1964, as amended by section 1 of Act 80 of 1967, section 1 of Act 39 of 1976, section 17 of Act 60 of 1985 and section 2 of Act 6 of 1992 1.
" 'sell' includes agree to sell, or mark with a selling price, or offer or attempt to sell, or keep, expose, display or advertise for sale, or deliver in pursuance of a sale, or deliver or dispose of for any consideration, or sell by auction or by way of an a credit agreement as defined in the Hire Purchase Act, 1942 (Act No. 36 of 1942) Credit Agreements Act, 1980 (Act No. 75 of 1980), the date of any such credit agreement being deemed to be the date of sale, and 'sale' shall have a corresponding meaning;".
Substitution of section 2 of Act 25 of 1964 2.
The Minister may, subject to the laws governing the public service, appoint a Price Controller, who shall, subject to the control of the Minister, perform such functions and exercise such powers as may be assigned to or conferred upon him by this Act.
Substitution of section 3 of Act 25 of 1964 3.
as price control supervisors or inspectors, who shall, subject to the control of the controller, perform such functions and exercise such powers as may be assigned to or conferred upon them by this Act.
"(i) with the maximum price at which such goods maybe are sold to any person or to any person of a specified class by any dealer or any particular dealer or any dealer of a specified class;".
Amendment of section 9 of Act 25 of 1964, as substituted by section 5 of Act 80 of 1967 and amended by section 2 of Act 39 of 1976 6.
"(1) The controller may from time to time by notice in the Gazette or, with the authority of the Minister, in the case of any particular person, by notice in writing prohibit the sale of any goods or the rendering of any service subject to conditions specified in the notice, or the refusal to sell any goods or render any service except subject to conditions so specified, or impose in respect of the sale of any goods or the rendering of any service such conditions as he may think fit whether the maximum price for the sale of such goods or the maximum charge for the rendering of such services has been fixed under this Act or not."
(7) If any person has been convicted on a charge of selling any goods contrary to a prohibition imposed under this section in that he required the purchaser of any particular goods to comply with a condition that the purchaser purchase from him or from any other person other goods in addition to such particular goods, the controller may, upon application by such purchaser, order the person who sold such other goods to pay to the purchaser the price he paid for such other goods.
When the controller has made an order under subsection (7) he shall forward a certified copy thereof to the clerk of a magistrate's court, and thereupon such order shall have the effect of a civil judgment of that magistrate's court.
Repeal of section 10 of Act 25 of 1964 7. Section 10 of the principal Act is hereby repealed.
Amendment of section 11 of Act 25 of 1964, as amended by section 6 of Act 80 of 1967 8.
Section 11 of the principal Act is hereby amended by the substitution in paragraph (a) for the words preceding subparagraph (i) of the following words: "require any person purchasing any goods for resale or for use in the processing, manufacture or production of any class of goods for sale, to keep in one of the official languages of the Republic or, in the case of the territory of South-West Africa, in one of such languages or the German language".
Substitution of section 13 of Act 25 of 1964, as amended by section 3 of Act 39 of 1976 9.
seize and take possession of any such goods, book, record, list, ticket or document.
with a receipt.
No person may refuse to comply with any order under this section on the ground that in so complying he may incriminate himself.
The provisions of this section shall not entitle a supervisor or inspector to demand from any person the production of a balance sheet or a manufacturing, trading or profit and loss account unless specially authorized thereto by the controller. Section 16 of the principal Act is hereby amended by the deletion of subsection (1).
Amendment of section 18 of Act 25 of 1964, as amended by section 5 of Act 39 of 1976 12.
"shall be guilty of an offence and liable on conviction to a fine, not exceeding two thousand rand or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.".
Repeal of sections 21 and 22 of Act 25 of 1964 13.
Sections 21 and 22 of the principal Act are hereby repealed. Substitution of section 23 of Act 25 of 1964 14.
Substitution of long title of Act 25 of 1964 15. The following long title is hereby substituted for the long title of the principal Act: "Act To provide for the control of prices the sale of goods and the rendering of services and other incidental matters.".